GRAND RAPIDS, MI -- A lawsuit filed by a man who claims police used excessive force when they tased him for trying to enter his burning home is heading to federal court. Robert W. Burt Jr.

in Kent County Circuit Court, but it was moved to U.S. District Court on Thursday, June 30, at the request of the defendants, records show. The lawsuit names Grandville Police, Grandville City and Sgt. Kenneth Howland as defendants. Burt alleges they used used excessive force, violated his constitutional rights and assaulted him without cause on June 2, 2014. The lawsuit also claims the department failed to educate, train and supervise its officers. He was working in the garden outside his home at 3727 Yellowstone Drive when he

. Burt's wife and daughter exited the home safely. Burt and his wife were fostering 12 cats and four dogs that were in the house when the fire started in the attic. Firefighters worked for hours and at about 2 a.m., Burt went looking for missing cats in the woods. He then went under a yellow police tape to get back onto his lawn. The lawsuit states Howland told him to "stay behind the tape," to which Burt replied he was the homeowner and had the right to be in his yard. Burt claims he turned and walked away from Howland and started walking along the west edge of his property. The lawsuit says Burt was not attempting to enter the home or interfere with firefighters' work when Howland told him he was under arrest. Burt continued to walk away and was told, "Stop or I'll tase you." Burt was hit twice with the taser and eventually arrested for charges of disobeying and obstructing police, which were later dismissed. During the arrest, Burt said he tried to tried to tell officers he had a pacemaker and was experiencing chest pains. He was placed in handcuffs after someone put a knee into his back and "muscled" him into the restraints, the lawsuit says. The defendants have denied the allegations.

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