Attorneys representing the family of Darrius Stewart, the teen shot and killed by Memphis police officer Connor Schilling in 2015, are planning to appeal a federal judge’s recent ruling to dismiss the city of Memphis from the civil lawsuit.

U.S. District Judge Hardy Mays ruled Jan. 25 in favor of the city’s motion for a summary judgment, stating the plaintiffs had failed to cite sufficient evidence that “the city’s policies and customs caused Stewart’s constitutional injury.”

Michael Carr, one of the attorneys representing Stewart’s mother and father, said in the motion filed Wednesday that the court should issue a final judgment before the appeal is filed.

“Any appeal is not well founded until this court certifies that its order granting summary judgment to the City of Memphis is deemed 'a final judgment,'” the document reads.

Carr also requested the court stay the summary judgment until the attorneys “perfect their appeal to the United States District Court for the Sixth Circuit.” 

YOLANDA JONES: Federal judge dismisses city from Darrius Stewart civil suit

He said in his motion that Schilling was not opposed to the motion for final judgment and the motion to stay the summary judgment in the officer-involved fatal shooting of the teen.

Stewart, 19, was shot twice by Schilling during a traffic stop July 17, 2015, in Hickory Hill. Stewart, a passenger in the car, was wanted on Iowa warrants and struggled with Schilling during the arrest, according to a Tennessee Bureau of Investigation report.

A Shelby County grand jury declined to indict Schilling on criminal charges, despite a recommendation from Shelby County District Attorney General Amy Weirich that he be charged with voluntary manslaughter.

The U.S. Justice Department also reviewed the case but determined there wasn’t enough evidence to charge Schilling with a federal crime.

A civil trial in the case is slated for Feb. 25. Stewart's attorneys have requested in their motion that the judge schedule a status conference by phone regarding the trial.

Bruce McMullen, chief legal officer for the Memphis, said the city is confident in the court's ruling on the summary judgment. 

“They have the right to appeal the court’s ruling dismissing the city from their lawsuit. This is a regular part of any lawsuit. We are confident the court’s ruling was correct and will withstand the scrutiny of an appeal," McMullen said in an emailed statement. 

YOLANDA JONES: Judge in Darrius Stewart civil rights lawsuit: Officer's use of deadly force was 'not reasonable'

While the city was dismissed, Schilling remains a part of the suit. He retired from the police force after the shooting. 

Stewart’s family filed the civil lawsuit against Schilling and the city in July 2016, a year after Stewart's death. It seeks $7.1 million in compensatory damages and $10 million in punitive damages.