DETROIT, Mich. — The family of a Detroit man who was shot and killed during an eviction in 2024 has filed a $150 million federal lawsuit, alleging the use of deadly force was unjustified and that officials failed to properly handle what they say was a mental health crisis.
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The lawsuit stems from the July 2024 death of 44-year-old Sherman Butler, who was shot by a bailiff from Detroit's 36th District Court while deputies and police officers were attempting to carry out an eviction at an apartment building near Palmer Park.
Butler's family and their attorneys announced the lawsuit Tuesday, saying they continue to seek accountability more than two years after his death.
Family remembers Sherman Butler
Sherman Butler's mother, Velma Wafer, became emotional while speaking about her son, describing him as creative, funny and passionate about art and tattooing.
"I have no words, this has really bothered me," Wafer said through tears.
The family says Butler's death continues to leave a painful void and argues that an eviction should never have ended in a fatal shooting.
What happened during the eviction?
Body camera footage released as part of the investigation shows Detroit Police officers and a 36th District Court bailiff at Butler's apartment to execute an eviction order.
According to investigators, Butler was found inside the apartment, sitting on his bed, holding a box cutter to his throat.
Video shows officers and the bailiff spending several minutes attempting to negotiate with Butler to put the knife down before entering the bedroom. Authorities say Butler was tased but it did not have the intended effect. Investigators say Butler then moved toward the bailiff and a Detroit police officer while armed with a knife.
Moments later, the bailiff fired several shots, striking Butler. The 44-year-old died while being transported to a hospital.
The bailiff was not criminally charged in connection with the shooting. The Wayne County Prosecutor's Office says there was insufficient evidence to charge the bailiff. The prosecutor says, based on evidence, the bailiff acted in self-defense and the shooting was justified.
Lawsuit claims deadly force was unnecessary
Attorneys representing Butler's family argue the situation should have been handled differently.
The lawsuit alleges Butler was experiencing a mental health crisis and claims the bailiff acted outside of his responsibilities by moving forward before the Detroit Police Department's mental health crisis team arrived on scene.
"An eviction order does not erase an individual's constitutional rights. A mental health crisis does not diminish the value of a person's life," said Maurice Davis who is representing Butler's family in the civil lawsuit. "Velma, she misses her son every day. She thinks about him and it weighs heavily on her."
Attorneys contend additional time and de-escalation efforts could have prevented Butler's death.
"This makes absolutely no sense. Why didn’t you wait for the mental health crisis team to come? Mental health crisis does not equate to murder and that’s exactly what happened that day. That was a murder," said Dionne Webster-Cox, who is also representing Butler's family. "How is it that the bailiff, who called for help, how does he end up taking over this scene? How does this happen when the police were there."
Who is named in the lawsuit?
The federal lawsuit names multiple defendants, including:
- The bailiff involved in the shooting
- The City of Detroit
- Two Detroit police officers who responded to assist
- Detroit's 36th District Court, where the bailiff was employed at the time
WXYZ contacted the City of Detroit, Detroit Police Department and 36th District Court for comment. All declined to comment because the litigation is pending.
Our 7 News Detroit crew also went to an address listed for the bailiff but were unsuccessful in obtaining a response before deadline.
What happens next?
Attorneys for Butler's family say they are in the process of formally serving all parties named in the lawsuit.
Once defendants are served, they will have an opportunity to respond in court before the case moves into the discovery phase.
The family says they hope the lawsuit will bring answers and accountability for what they believe was a preventable death.
"Even sometimes the mention of Sherman’s name sends Miss Wafer into a tail spin. She also didn’t get any of his belongings: no shirts to smell, no jewelry to look at, no pictures of the two of them," said Taura Brown with the Homeless Action Network of Detroit. "It’s terrible because I felt like even after seeing the video and just the lead up to it and all the research, (the shooting) was preventable. It did not have to happen."
