Case details
Suit: Policeman’s use of choke hold caused man’s death
SUMMARY
$7300000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
chest, fracture, rib
FACTS
On July 25, 2016, plaintiffs’ decedent Humberto Martinez Sr., 32, fled from Pittsburg police officers following a traffic stop in Pittsburg and went to his friend’s house, where the officers continued to chase him. Officers used a Taser on Martinez, and officer Ernesto Mejia eventually put his arm around Martinez’s neck for a few seconds. At the same time, Martinez was punched in the face and torso, and he sustained elbow strikes to the abdomen and knee strikes to the torso. When Martinez went unconscious, another officer directed Mejia to stop the hold. Martinez was taken to a hospital, where he was pronounced dead. Martinez’s survivors, his mother, Jamie Cox, his minor son — referenced as “H.R.M. Jr.” in court filings and represented by his mother, Priscilla Sandoval Vanarendonk — and his minor daughter — referenced as “A.M.” in court filings and represented by her mother, Tina Anglin — sued police officers Ernesto Mejia, Jason Waite, Willie Glasper, Gabriel Palma, Jonathan Elmore and Patrick Berhan; the officers’ supervisor, Police Chief Brian Addington; and the officers’ employer, the city of Pittsburg. The lawsuit alleged that the officers’ actions constituted excessive force, causing Martinez’s wrongful death, and that Addington and the city were vicariously liable for the officers’ actions. The lawsuit further alleged that the city was negligent in its training of the officers. Plaintiffs’ counsel contended that Mejia used a carotid hold, which cut off Martinez’s breathing and fractured the cartilage in Martinez’s throat, causing extensive hemorrhages. Counsel noted that although the use of a carotid hold to briefly cut off blood flow to the brain and render subjects unconscious was an accepted practice at the time of the incident, the city passed a resolution in June 2020 that banned city police officers from using the technique. Mejia claimed that Martinez was trying to bite, punch and head-butt him during the struggle, so the use of hold was appropriate at that time. Defense counsel moved for summary judgment, and the court granted the motion as to the claims of Martinez’s mother, Jamie Cox, but denied the motion as to the other plaintiffs’ claims. It also denied defense counsel’s motion in regard to the defendants’ qualified-immunity claim. The defendants appealed the denial of qualified immunity, but the Ninth Circuit affirmed the decision., Martinez suffered 16 fractured ribs, a flail chest from the rib fractures, fractured thyroid cartilage, asphyxia and extensive hemorrhaging, including petechial hemorrhages in the neck and eyes from the asphyxiation. He was taken to a hospital, where he was pronounced dead. Plaintiffs’ counsel contended that the official cause of death included a mechanical obstruction of respiration due to a carotid choke hold deployed during an arrest. However, counsel contended that the city did not provide the officers’ body cam video recordings to the pathologist who did the autopsy. Martinez’s minor daughter and minor son sought recovery of wrongful death damages for the loss of their father as well as recovery of survival damages. Defense counsel contended that Martinez died of a heart attack that began hours before his encounter with the police and that the officers did not cause Martinez’s death.
COURT
United States District Court, Northern District, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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