EAST CHICAGO | The Jerry Clement case has been transferred to federal court at the city's request.

Suit was filed in Superior Court in January on behalf of the 39-year-old diabetic who died last year following an altercation with police.

An East Chicago scrapyard employee had called police a little after 10 a.m. on Aug. 25 after seeing a dazed Clement stop his car on the property. Police battled with Clement while attempting to arrest him. He died Sept. 8 without regaining consciousness.

Police reports indicate officers believed Clement to be drunk until paramedics suggested Clement was undergoing a diabetic episode. No alcohol was detected, according to the Lake County coroner's office.

East Chicago Corporation Counsel Carmen Fernandez did not return calls on the case's transfer to federal court.

Clement family attorney Kevin Smith, however, said the city's request was routine because of the constitutional issues involved in the case.

"They have the right to do that," he said of the city's action. "We're fine with that."

Meanwhile, an FBI investigation into the case has been concluded and remains pending with the U.S. Department of Justice.

FBI Supervisory Agent Tom Gancarz said the department only recently received the coroner's final report, which has been forwarded to the Justice Department.