John Hogan

WZZM13.com

GRANDVILLE, MICH. — A man who was shot twice with a stun gun as his house burned is suing the city of Grandville and its police department for excessive use of force, claiming officers acted with “reckless disregard’’ when they shocked him after he ducked under yellow police tape.

Robert W. Burt Jr. was trying to round up several pet cats that fled into the yard and nearby woods during the 2014 fire at his home on Yellowstone Drive SW.

When Grandville Police Sgt. Kenneth C. Howland told him to get on the other side of the tape, Burt refused, telling the officer he was the homeowner and “had every right to be in his yard,’’ the suit claims.

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Burt, then 63, was struck twice in the back with the electronic stun gun, put in handcuffs and taken to Kent County Jail.

He was charged with disobeying and obstructing a police officer, but those charges were later dismissed.

The lawsuit, filed earlier this month in Kent County Circuit Court, accuses Grandville police of using excessive force and violating Burt’s Fourth Amendment protection against unreasonable search and seizure.

Attorney Keary W. Sawyer, who filed the lawsuit, said the Burt family took in abused pets and worked to rehabilitate them so they could be put up for adoption. They were caring for four dogs and a dozen cats when the fire broke out.

“They opened the doors to let these animals out,’’ Sawyer said. “The dogs got out and he couldn’t account for some of the cats so he’s out in the woods looking for six cats that were still lost.’’

By this time, the fire had been contained and crews were putting out hot spots, Sawyer said.

“This is his house, his yard, he’s doing nothing to obstruct this officer,’’ Sawyer said. “It really is tragedy upon tragedy.’’

The officer’s actions caused Burt “mental anguish, fright, shock and denial of social pleasures and enjoyments,’’ the lawsuit claims.

Grandville Police Chief Dan Steere wasn’t immediately available for comment Tuesday.

The June 2, 2014 fire was discovered shortly before 9 p.m. at the Burt family home on Yellowstone Drive SW east of Wilson Avenue.

Burt was working in his garden when he noticed smoke coming from the roof. He alerted his wife and daughter and his wife called 911.

When the Grandville Fire Department arrived, smoke and flames were coming through the roof. Grandville was assisted by crews from Wyoming and spent four hours battling the fire.

About 2 a.m. on June 3, Burt started searching for missing cats in the wood line west of his yard. While he was in the wooded area, Howland strung up yellow police tape around the perimeter, blocking his re-entry into the yard, the lawsuit says.

Burt lifted up the yellow tape to duck back into his yard and was confronted by Howland, who told him to “stay behind the tape.’’

As Burt began walking away along the west edge of the yard, the officer told him, “Stop or I’ll Tase you,’’ the lawsuit claims.

The officer then pulled a Taser from his holster and discharged the weapon, striking Burt in the back. Burt dropped to the ground and was trying to push himself up when he was struck a second time.

After he was handcuffed, Burt told Howland and other officers that he had a pacemaker and was struggling to breathe. He also experienced chest pain from the Taser. Police nonetheless pulled his arms back with a knee in his back and “muscled’’ Burt into handcuffs, the suit says.

“At all times, Burt was non-threatening and posed no physical threat to Howland or any other officers or individuals,’’ the lawsuit claims. “Burt had a legal right to ‘resist’ an illegal arrest.’’

The lawsuit also claims Grandville and its police department failed to adequately educate, train and supervise its officers.