The attorney representing a Detroit Lions fan involved in a December altercation with Pittsburgh Steelers wide receiver DK Metcalf says a prosecutor’s decision not to file criminal charges will not affect an ongoing civil lawsuit.

Jon Marko of Marko Law said the announcement from the Wayne County Prosecutor’s Office declining a warrant request for criminal charges does not change plans to move forward with a civil case against Metcalf. Marko represents Lions season-ticket holder Ryan Kennedy in the matter.

“The prosecutor’s decision in this case has no effect on the civil case,” Marko said in a text message. “Everyone can see exactly what happened from the video evidence. We look forward to getting Mr. Kennedy justice through the civil case.”

Incident at Ford Field

The incident occurred during the first half of a Dec. 21 game between the Pittsburgh Steelers and the Detroit Lions at Ford Field.

According to reports, Kennedy acknowledged that he attempted to get Metcalf’s attention while standing behind the Steelers bench. Television cameras captured Metcalf reaching into the stands, grabbing Kennedy by the collar of his shirt, and pushing him upward.

Following the altercation, the National Football League suspended Metcalf for two games. The league stated it found no evidence that Kennedy engaged in wrongdoing.

Defamation Lawsuit Filed

Despite the league’s findings, some former NFL players claimed they heard from Metcalf that Kennedy used inappropriate language to provoke the situation. Those claims led Kennedy to file a $100 million defamation lawsuit. Metcalf has since filed a counterclaim in response.

Marko emphasized that the civil case will proceed regardless of the prosecutor’s decision not to pursue criminal charges.

“The Wayne County Prosecutor’s Office makes charging decisions based on many factors, some unrelated to whether a crime occurred,” Marko said. “They also have limited resources and cannot prosecute every case.”

Prosecutor Explains Decision

In announcing the decision not to file criminal charges, Wayne County Prosecutor Kym Worthy noted that Kennedy did not suffer significant injuries during the incident. Authorities also interviewed several witnesses as part of the investigation.

Meanwhile, a statement released by Metcalf’s legal team — including attorney Mitch Schuster of Meister Seelig & Schuster — accused Kennedy of engaging in “hate-fueled conduct.”

Kennedy publicly denied those accusations during a Dec. 26 press conference and urged Metcalf to clear his name.

In the lawsuit filing, Marko claims Kennedy experienced physical pain, emotional distress, fear, humiliation, and public embarrassment as a result of the incident.