EAST GRAND RAPIDS — Stephen Bolick called police from his vehicle: his 30-year-old son, who’d broken through a picture window in their home, had “just freaked completely out.”

Bolick met a police officer at a nearby gas station.

He told the officer that his son, Matthew, was delusional and hearing voices. He feared his son would harm himself.

Before the night was out, Matthew Bolick, repeatedly Tasered, was dead.

On Tuesday, his family filed a lawsuit in U.S. District Court against the city, Mark Herald, its public safety director, and Sgt. Brian Davis and Officer Gary Parker, the officers involved in the Nov. 16, 2009 incident on Heather Street.

The lawsuit claims police used excessive force, and acted with gross negligence. Attorney William Mills said police violated Matthew Bolick’s constitutional protections by not being prepared to deal with someone suffering an “obvious psychotic episode.”

His condition called for less, not more, physical intervention, the lawsuit said.

The city said police, who were cleared of criminal wrongdoing by Kent County Prosecutor William Forsyth, went to great lengths to avoid hurting Bolick, who died of a rare case of excited delirium syndrome, or acute exhaustive mania.

“To suggest we’re responsible for the death, it’s outrageous, quite frankly,” attorney John Gillooly said Tuesday.

He said Bolick reacted in a “very violent manner.” Police wanted a peaceful resolution, but Bolick “just wasn’t going to have it that way.”

He said the city would vigorously defend the lawsuit.

“The city strongly believes there was absolutely no wrongful conduct on the part of the officers on the scene,” Gillooly said.

He said Bolick’s mental-health status would be an issue at trial. He considered it telling that Bolick’s family called police for help because he was so out of control. The father said his son threatened to kill him.

“At some point, people just have to remember, we didn’t put the incident into motion.”

According to the lawsuit, Bolick’s father called 911, and “informed the dispatcher that his son, Matthew Bolick, had ‘just freaked completely out.’”

He told police his son wasn’t drinking or using drugs.

Davis, the sergeant, was first at the scene. He told Parker, the officer, that Bolick was “out of control and broke the picture window on the back side of the house, but he’s kind of out of control and kind of lost,” the lawsuit said.

Matthew Bolick told police he was “running from himself.”

The lawsuit said Parker tried to apprehend Bolick, and told him: “I will tase you in a heartbeat.” “You run, I will shoot you.” “Hit me one more time. Hit me one more time.”

Parker used his Taser when Bolick tried to flee, the lawsuit said.

“Over a period of 10 minutes, defendant Parker activated his Taser 19 times, including a combination of probe firings directly into Matthew Bolick’s body as well as several ‘drive stuns,’ firings designed to be pain compliance measures,” Mills wrote in the lawsuit.

“At least one of defendant Davis’ Taser shots occurred after Matthew Bolick had been subdued and was in handcuffs.”

He said police pinned down his 128-pound client for several minutes.

Mills said the mental and physical stress combined with Bolick’s psychological problems caused him to go into cardiac arrest and die. He has maintained that the Taser played a role in the death.

Dr. David Start, a forensic pathologist, found no proof the death was caused by the Taser shots.

Videos recorded shortly before his death showed Bolick hit by a Taser. He screamed, dropped to the ground and rolled around. Then he got up and ran away. He refused repeated police orders. Several Taser shots did not appear to faze Bolick.

His family had reported bizarre behavior in the weeks before his death.

The lawsuit is filed by his father and brothers, Jonathan and Kevin Bolick.

E-mail John Agar: jagar@grpress.com

