EGR denied tasing incident scene access

EAST GRAND RAPIDS, Mich. (WOOD) - A federal magistrate has granted a family's request that police not be allowed on their property pending a lawsuit regarding the death of their son, which they claim was caused by the negligence of two officers.

Matthew Bolick died in his Heather Street home in November 2009 after two East Grand Rapids Department of Public Safety officers used a stun gun on him.

The county medical examiner ruled that Bolick, 30, died of acute exhaustive mania, also called excited delirium syndrome. The medical examiner said the tasing did not cause Bolick's death.

But a federal lawsuit filed in October 2011 alleges that the two officers violated Bolick's Fourth and 14th Amendment rights, as well as provisions under Section 1983 of the US Code. The lawsuit also alleges the two officers were grossly negligent, used excessive force and weren't properly trained on how to use their Tasers.

East Grand Rapids police had wanted access to the property to inspect, measure and photograph the scene as they worked out a defense, but Bolick's family objected.

On Friday, US Magistrate Judge Ellen Carmody sided with the family and granted its request for a protective order, effectively banning East Grand Rapids police from the property.

A settlement was offered in December 2011, but was declined.