Family of Darrius Stewart files lawsuit against former MPD officer

MEMPHIS, Tenn. — The family of an unarmed black man shot to death by a Memphis police officer is suing for millions of dollars in a brand-new lawsuit.

Darrius Stewart died in 2015. Cell phone video from a witness showed Stewart and the officer struggling on the ground before the shots were fired.

Stewart's mother is demanding more than $17 million.

Last year a judge dismissed the city from a civil suit Stewart's family filed.

RELATED: Court dismissed City of Memphis as defendant in Darrius Stewart federal case

Now Stewart's mom is suing former Memphis police officer Connor Schilling, the man accused of shooting and killing Stewart.

The suit claimed Schilling violated her son’s civil rights.

On July 17, 2015, Darrius Stewart was shot to death during a traffic stop in Hickory Hill.

The city was previously released of all charges, but Stewart's mother is suing the former officer involved in the shooting.

RELATED: FOX13 breaks down the Darrius Stewart timeline

The lawsuit includes details of how the events of that traffic stop allegedly happened.

It says, "Conner Schilling elected to use force to detain Darrius Stewart, and as Darrius attempted to flee, Schilling began assaulting Stewart."

The lawsuit goes on to say, "While Conner Schilling was on top of Darrius Stewart on the ground, witnesses heard Darrius loudly cry, ‘I can't breathe.’"

Not long after, Schilling shot Stewart two times. The second shot killed Stewart.

Page 7 of the lawsuit says Stewart was deprived of rights including freedom from unlawful seizure, freedom from the use of unjustified and excessive force, and freedom from deprivation of liberty without due process.

The suit seeks damages in the amount of more than $7.1 million and $10 million in punitive damages.

Officer Connor Schilling retired from the MPD after the shooting.

RELATED: Former Memphis Police Officer Connor Schilling deposed in Darrius Stewart case

A grand jury decided not to indict Schilling.

No criminal charges were ever filed against him.

FOX13 called the attorney representing the family for a comment but has not yet heard back.