Latest News 2013 January Resisting "Restraint Maneuvers" Caused Wrongful Death

Resisting "Restraint Maneuvers" Caused Wrongful Death

The Star-News has reported that the family of a man that died while in police custody has filed a lawsuit because they contend that the man's death was due to a brutal beating by police while his repeated cries for help were largely ignored.

The deceased man, K.A.L., 36, suffered with mental illness according to the family, and begged for help while officers choked, struck, kicked and used a taser on him before he died.

The Los Angeles County Department of Coroner listed K.A.L.'s cause of death as heart disease that was exacerbated by police "restraint maneuvers." Los Angeles County Deputy Medical Examiner A.P., who performed the autopsy, stated that the police actions involved "neck and body compression" as well as "blunt trauma."

The wrongful death lawsuit lays the blame on the police department. The suit states, "The department has a long-standing reputation of running roughshod on its citizens' constitutional rights, ignoring citizen complaints resulting from the city's customs, practices and policies."

In response to the suit the mayor of El Monte, Andre Quintero, told reporters, "If you're trying to allege that there's a pattern that fits in order to be able to prove your case, then yes, of course you're going to make as many allegations as you can, but ultimately at the end of the day whether it is substantiated is something that will be determined throughout this process."

Jane Robison, the spokeswoman for the District Attorney's Officer's Justice System Integrity Division, said that they are reviewing the case to determine if law enforcement officers engaged in criminal misconduct.

The District Attorney's Office spokeswoman, Sandi Gibbons, said that the department would not disclose the names of the officers under investigation until charges are filed. The suit identifies the officers as Doe 1 and Doe 2.

The incident occurred on June 14 when police were called to the family's home due to an altercation between K.A.L. and his father.

According to the family's attorney, Alex Galindo, K.A.L. was calm and cooperative with police upon their arrival. However, police struck K.A.L. with enough force to cause the man to fall to the ground – and then continued to strike and kick him.

Allegedly, while trying to avoid further blows to his head, K.A.L. apologized "at least 15 times" and "begged for help."

The suit states that K.A.L. "could not move and could not breathe, he could not escape from what he undoubtedly knew was not an arrest, but a beating."

A.P.'s autopsy report further stated, "the death occurred while resisting arrest during restraint maneuvers including conductive energy device used for combative/agitated behavior of unknown cause."

Also noted by A.P. was that K.A.L. had liver disease and there was a high level of Zoloft, an anti-depressant, in his system.

K.A.L. was in "full arrest" when paramedics arrived, taken to a local hospital and later was pronounced dead.

If your loved one was wrongfully killed by a member of the police force, or a private party, contact a personal injury lawyer to file a lawsuit. Oftentimes a monetary settlement can be made for the damages you have incurred.

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