HANCOCK, Mich. (WZMQ) – In March of 2024, it was reported that a man in Hancock had died due to self inflicted injuries following a domestic dispute. Now, a new lawsuit claims this statement to have been blown out of proportion.
Fieger Law obtained body camera footage of the situation, and has now produced a lawsuit against the City of Hancock, City of Houghton, Houghton County, and all 11 responding officers to the situation, after viewing how it was handled.
22 year old Benjamin Walby was a valedictorian at Ogemaw Heights high school, only weeks away from graduating with a bachelor’s degree at Michigan Technological University. On March 23, 2024 at 2:32 a.m., a noise complaint was made by a neighbor about nonsensical yelling and banging, hailing Hancock and Houghton police officers to Walby’s apartment.
Reportedly unarmed and not under the influence, what police heard when they arrived led them to believe he was suffering from a mental health crisis, in which officers are to offer assistance, and that these instances are not incriminating.
Escalations ensued however, as the initial responding officers had drawn tasers and firearms. Walby then ran past the officers and out of his residence in only his underwear, before being tackled to the ground.
Over the next 20 minutes, Walby was repeatedly tasered and held down until rendered unconscious. Records from the incident found a total of 17 taser trigger pulls.
Responding officers ultimately used an illegal form of restraint called hog tying. This put him into positional asphyxia, restricting airflow to his brain. He was then taken to the hospital while in this face-down position, continuing a lack of oxygen. He later died April 4, 2024.
“[Hog tying] is universally illegal across the entire country, in every single police department in the United States,” said Fieger Law Managing Partner, James Harrington. “These officers had the resources, they had the time, and they had the options to do what was right, to deescalate the situation.”
On Monday, January 12, 2025, Walby’s family and Fieger Law released its lawsuit against the officers involved and their municipalities. The 152 page document includes 15 counts of excessive force, deliberate indifference, failure to intervene, and failure to train, among others.
The law firm claims the initial reports made by officials after the incident were highly misinforming, with no mention to the use of hogtying in any statement.
WZMQ 19’s initial report from the Hancock Police Department can be found here.
The Hancock Police Department shared a statement with WZMQ 19 on Tuesday, which states: “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.”
