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2024 death of MTU student due to police treatment, family says in lawsuit

Benjamin Walby
Benjamin Walby

HOUGHTON COUNTY, MI— The family of a Michigan Tech student is suing Houghton County police agencies for hog-tying and excessively tasing their son, Benjamin Walby, in an incident they say led to his March 2024 death.

Fieger Law, which is representing the family, held a press conference at the Landmark Inn in Marquette Tuesday to discuss the suit.

The complaint says on March 23, someone contacted police around 2:30 a.m., complaining of banging and yelling in a neighboring apartment. Officers from multiple police agencies responded and allegedly heard “nonsensical yelling” coming from the apartment. The complaint says the officers “had every reason to believe that Mr. Walby was suffering from a mental disorder.” Instead of offering compassion, it says, the officers drew their firearms and stun guns.

Fieger Law says Walby, 22, ran outside, where police hog-tied and tased him at least 17 times. After he allegedly suffered cardiac arrest, officers took him to UPHS-Portage, where his heart was restarted. Walby was taken to another hospital but died on April 4.

Police later called the incident a “violent domestic assault.”

Fieger Law says, “Ben was suffering from a mental health crisis. He was not suspected of committing a crime when the incident occurred. He was unarmed. He was not under the influence of drugs or alcohol.”

Benjamin Walby’s father David is suing the City of Hancock, the City of Houghton, Houghton County, and various officers for more than $75,000 for medical costs, funeral expenses, and pain and suffering.

In response to the lawsuit, Hancock Police Chief Tami Sleeman issued the following statement:

"The City of Hancock Police Department treats allegations of officer misconduct with utmost seriousness. We are committed to the highest standards of our profession and the safety of our community.

We are legally restricted from discussing matters in active litigation and therefore cannot provide details at this time. However, we express support for our officers who faced a dangerous and high-pressure situation. Our department continues its cooperation with the legal process, just as we have since this incident occurred. We appreciate the patience of the community as we allow all the facts to be established in court.

As always, the Department is dedicated to serving our community with professionalism and integrity. We are mindful of the public trust that has been placed in us and are dedicated to a fair legal process in this case."

Nicole was born near Detroit but has lived in the U.P. most of her life. She graduated from Marquette Senior High School and attended Michigan State and Northern Michigan Universities, graduating from NMU in 1993 with a degree in English.