Widow of slain deputy files wrongful death lawsuit
Eric Overall killed in line of duty in 2017
The widow of an Oakland County deputy killed in the line of duty three years ago is suing the counties of Oakland, Lapeer and Genesee, four Lapeer County deputies and the man convicted in his death.
Sonja Overall recently filed the wrongful death lawsuit in federal court on behalf of the estate of Eric Brian Overall, seeking damages in excess of $75,000. It alleges violation of Overall’s constitutional and civil rights, as well as gross negligence.
Overall, 50, died Nov. 23, 2017, after Christopher Berak of Macomb Township drove his car into him as he stood on the shoulder of M-15. Berak had been pursued for several miles at moderate speeds by Lapeer County deputies and then Genesee County deputies after twice fleeing traffic stops. As the pursuit continued into Oakland County, Overall was instructed to lay stop sticks or spike strips along the roadway, which he did. Moments later, Berak approached and then veered off the roadway toward Overall, striking him with his car and causing fatal injuries. Berak is serving life in prison after being convicted of first- degree premeditated murder
The lawsuit also alleges Overall wasn’t properly trained in deploying stop sticks or spike strips, such as knowing to not have emergency lights activated at the time, and that other effective methods to stop Berak were available.
and murder of a peace officer.
The lawsuit alleges “gross negligence, wanton, willful and intentional conduct, and deliberate indifference to the violation of Deputy Overall’s constitutional rights” which caused his death. It further claims that officers involved weren’t properly trained on slow speed pu r s u i t s and pursuing suicidal, mentally ill people in crisis which Berak was described as due to rants he recorded during the chase.
The lawsuit also alleges Overall wasn’t properly trained in deploying stop sticks or spike strips, such as knowing to not have emergency lights activated at the time, and that other effective methods to stop Berak were available. Claiming that the use of stop sticks posed an inherent danger, it further states:
“The risk to Deputy Overall was so obvious that Oakland County had to have known about it, Oakland County had actual knowledge that an injury was certain to occur, and it willfully disregarded that knowledge.”
The lawsuit also criticizes the communication between Oakland, Lapeer and Genesee counties during the incident as “disorganized and disjointed, caused confusion and contributed to Deputy Overall’s death.”