Family to sue holding center, police

DEPEW, N.Y. (WIVB) - The family of an inmate who died while in custody intends to sue Erie County and Depew Police.

Richard Metcalf, 35, died at ECMC back in November. A Depew police officer used a taser on Metcalf while responding to a burglary in progress.

RELATED | What remains in question is how Metcalf became so violently injured. Deputies say he hurt himself, but that isn't what his family believes

Metcalf was taken to the hosptial because of an elevated heart rate and was later turned over to the Erie County Holding Center. The county says Metcalf's behavior changed dramatically and he was injuring himself. He was taken back to ECMC where he died on November 30.

Metcalf's family has filed a notice of claim.