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. 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. City officials said the video would not be released until the investigation is complete.Marvin’s death was ruled a homicide by the coroner, but no criminal charges were filed by the district attorney.