The family of a three-year-old boy killed in a Missouri house fire while police used a stun gun on his stepfather as the man tried to save the child are now suing for city of Louisiana for wrongful death . Riley Rieser was killed in the early hours of October 31 , 2013 . As his stepfather , Ryan Miller , attempted to enter the burning house , a police officer tasered Mr Miller three times and handcuffed him to stop him going inside . ' I was hysterical , yes , because I wanted to save my son , ' Mr Miller told the Louisiana Press Journal . Scroll down for video . Riley Rieser , 3 , was tragically killed in a house fire on October 31 , 2013 , in Louisiana , Missouri . His family are now suing the city after the boy 's stepfather , Ryan Miller , was tasered and handcuffed by police . Grandmother Lori Miller said she witnessed two officers use the stun gun three times , twice after Ryan Miller had been handcuffed . Mr Miller suffered chest burns and was taken to the city jail , although he was later released without being charged . City Administrator Bob Jenne called the police response a 'judgment call ' . However the family say it was the wrong judgement , and are now suing on the grounds of excessive , negligent infliction of emotional distress , wrongful death and false imprisonment . The lawsuit was filed March 12 and was obtained by Courthouse News . The family are seeking unspecified damages . 'Officers Jeffrey Salois and William Harrison prevented Ryan Miller from entering the home to save his stepson Riley Rieser by forcibly moving and by repeatedly Tasing Ryan Miller , including once in the police cruiser as Riley Rieser was being removed from the home , ' the lawsuit reads . Police used a stun gun three times on step-father Ryan Miller ( left ) and handcuffed him so he could n't run into his burning home in an attempt to save young Riley ( right ) Riley Miller 's aunt Emily has described the actions of the police as 'heartless ' and she does n't think they handled the situation correctly . The original 911 call for the fire came in at 12.58am and firefighters arrived at the scene at 1.03am . Both of Riley 's parents were taken to Memorial Medical Center 's burn unit in Springfield , Ill. by family members for treatment . Cathy Miller suffered a burn to the cornea in one of her eyes . Both she and her husband were released from hospital on Thursday night . Lori Miller said police stunned her son Ryan as he tried to get back in the house . 'He tried to get back in the house to get the baby , ' she told KHQA . 'They took my son to jail because he tried to save his son . ' Riley 's aunt Emily Miller has publicly criticized how police handled the situation . Mom Cathy Miller ( right ) is mourning the loss of her youngest son Riley , pictured on the right in the blue pool . 'It 's just heartless . How could they be so heartless ? And while they all just stood around and waited for the fire department , what kind of police officer would n't try and save a three-year-old burning in a house ? ' she told KHQA . 'We 've been going through pictures and he 's just smiling in every picture . He was just a happy , go-lucky kid . ' The fire started in a recreation room at the rear of the house . The official cause was faulty wiring , according to the complaint . The parents had fallen asleep watching television , but were woken by the smoke alarm and managed to get out of the building via a rear door in the same room . They then called 911 . Wreck : A city police officer fired his stun gun at Ryan Miller as he tried to re-enter his burning home , which was destroyed . Riley was asleep in his bedroom and so Ryan Miller ran to the front of the house and kicked in the front door . Police arrived as he was about to enter and an officer stunned him with a Taser . State Fire Marshal Investigator Scott . Stoneberger said that a firefighter in full gear attempted to enter the . home but the flames were too hot . Firefighters discovered Riley near the doorway to the bedroom from the front living room . Ryan Miller has another son who was n't home at the time of the blaze .
Riley Miller , 37 , died in a house fire in Louisiana , Missouri , in October 2013 . Cops used a loaded gun three times on his step - brother Ryan Miller as he tried to re - enter the burning building . Miller suffered severe burns and was taken to jail before later being released without charge . Riley 's aunt described the actions of the police officers as ' heartless ' and said Riley had been a ' happy - go - lucky kid ' The family filed a lawsuit March 12 alleging excessive , negligent infliction of emotional distress , wrongful death and false imprisonment .