Family files lawsuit against Morris Police when Alivia Schwab came at an officer with a knife

The teenage children of a woman who was fatally shot by officers during a mental health crisis have filed a federal lawsuit against Morris Police.

Alivia Schwab, 40, died Sept. 29 in the parking lot of her apartment complex in the 1800 block of Anne Lane in Morris, Ill.

Police approached her in the parking lot as Schwab was leaving her apartment while on the phone with a counselor. In her other hand was a knife, according to lawsuit documents.

One of the officers pulled their weapon and fired four shots at Schwab, striking her three times. She died from her injuries at the scene, police said.

On Nov. 8, after conducting a forensic autopsy and toxicology test, the Grundy County Coroner's Office ruled Schwab's death a homicide.

The lawsuit documents claim that Schwab had a history of mental illness and was "in the process of transitioning from a residential facility into her own apartment" when the shooting occurred.

Morris police received the 911 call from counselors who worked with Schwab and knew she was suicidal and threatening to harm herself with the knife, the lawsuit documents allege.

As officers approached Schwab in the parking lot, the lawsuit documents said that one of the officers said to use "non-lethal" force.

Schwab was reportedly in the doorway of her apartment, which was located on the first floor, and had her cell phone held up to her right ear while still speaking with a counselor.

The knife, which was in her left hand, was pointed to the ground "in a non-threatening manner," the lawsuit states.

As Schwab slowly walked out of her apartment, one officer told another officer to use a Taser on her. However, the officer never discharged it or removed it from its holster as Schwab walked past her, according to lawsuit documents.

Two seconds later, the officer who instructed the other officer to use a taser pulled a gun and shot Schwab three times, including once in the face, the lawsuit alleges.

After Schwab was shot and killed, the officers allegedly handcuffed her in the parking lot.

Schwab's teenage son is seeking the following in the lawsuit:

Compensatory damages against defendants

Attorneys' fees against defendants

Punitive damages against the individual officers

Prejudgment interest and post-judgment interest on any award

Other relief that the court finds appropriate

Her son is also demanding the case go to trial.