DENVER (CBS4)- The family of Marvin Booker plans on suing the city of Denver. Booker, 56, was a street preacher when he died in the summer of 2010 while being subdued by deputies at the new jail in Denver.

The lawsuit will be filed in Denver District Court. It claims the city’s five individual sheriff’s deputies were involved in a conspiracy to use excessive force on Booker. The suit also claims his death was a foreseeable product of a culture of brutality.

Booker was retrieving his shoes when he was subdued by five deputies. It happened in the booking area after he disobeyed an order to go to a cell.

“There’s a major question mark in the community of how the city handled this. The citizens are still concerned that we have still not seen the video tape,” said Booker family friend Rev. Timothy Tyler.

Booker was placed in a headlock, sat on by deputies and shocked with a taser. The family has called for the video to be released.

“What is there to hide? That the family of all these officials and investigative units can see it, certainly the family ought to be able to see it as well,” said Marvin’s brother Rev. Spencer Booker.

Rev. Spencer Booker will be there when a lawsuit is filed in his brother’s death. Marvin’s death was ruled a homicide by the coroner, but no criminal charges were filed by the district attorney.

“The real causation issue is there are so many factors that lead to Mr. Booker’s death that we believe that we could not prove that causation issue beyond a reasonable doubt,” said Denver District Attorney Mitch Morrissey.

The Booker lawsuit will cite other incidents of alleged excessive force claiming there is a culture of brutality.

“I believe that Marvin Booker’s case is part of a long string of officers gone bad and the city has to speak to that,” said Tyler.

City officials said the video would not be released until the investigation is complete.

Booker’s family was offered an opportunity to view the video of the incident, but without their attorney. They rejected that offer.

Comments (8)
  1. pete says:

    He was not a preacher! He was a drunk and drug addict. His family is should have been there for him when he was alive.

    1. carson says:

      That’s true, but it doesn’t get the deputies off the hook. Just because someone is a drug addict doesn’t give cops the right to break the law themselves.

      1. Pete says:

        You are right. It is unfortunate he died. I was not defending the police by any means. But I also feel the family is taking advantage of an unfortunate situation to only benefit them. If they donate the money to help drug and alcohol dependency that’s great. I volunteer with a local jail to counsel people with addictions because of issues in my own life. Without my families help I would be no better off the Mr. Booker.

  2. denvervet says:

    I don’t have any opinions on this since I have not seen the video. My condolences go out to his family.

  3. CaptainHook2011 says:

    Picking up your shoes is not a good reason to kill someone. The investigation should have been complete by now, as this homicide occurred last July. If it is not complete, there is a reason the investigators are not working hard enough on it. If the investigators are biased in this, they are not fit to be the investigators. If the DA is too close to the sheriff’s deputies who committed this homicide, then we have a wider problem.

    I don’t see any good reason to have refused, failed or neglected to release the video to the family and the public by now.

    I think we need to investigate which of those deputies is on steroids or other substances or what causes this gang murder behind bars. HIckenlooper could have dealt with it but did not. Vidal is busy conducting public business behind closed doors. City Council should pick up where everybody else failed.

  4. ForsbergGirl says:

    Mr. Bookers family didn’t give two cents worth of care for him when he was living on the streets, homeless as a cocaine addict. The coroners report showed he had an enlarged heart and was coming off of a drug induced high which I’m sure caused him to be disorderly and combative. And NOW his family is concerned. What they are concerned about is making some money off their dead relative!

  5. myob says:

    you know most everyone in there is on something crack meth and liquor etc… so how is it that mr brooks is special specifically “he was on crack” hell everybody down there is on something mostly crack. all the other “crackheads” arent dead. please youre grasping. those cops killed the man because of the white female cop. bottom line. his family is there. they live like they live but they dont have to get killed by the COPS UNJUSTLY. OF COURSE THE FAMILY IS THERE . common sense

  6. K G says:

    Really… these comments are rediculous and foolish. Grow up people!!!

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