The family of a man who died shortly after he was removed from a downtown bar filed a lawsuit Wednesday against the city and the San Diego police officers involved.
Gabriel Jesus Garza, 40, was kicked out by security from Star Bar on Jan. 25 for what sheriff’s officials described as a “disturbance” in which Garza allegedly bit a security guard.
The lawsuit, filed in San Diego federal court, alleges that responding officers held Garza down on his stomach “until he went limp” and that since his death, the city “has refused to provide Mr. Garza’s family with meaningful information and/or documentation regarding the circumstances of Mr. Garza’s death – leading them to rely on bystander accounts of the events.”
The lawsuit claims that according to witnesses, Garza appeared to be suffering from “a health or mental health crisis and needed emergency medical care.” It also claims a 911 dispatcher refused to send paramedics until police officers deemed it necessary.
Representatives with the city and police department did not immediately respond to a request for comment.
Sheriff’s department officials said earlier this year that an officer arrived at around 8:15 p.m. to find Garza being held on the ground by a security guard and another person, “as he continued to struggle.”
That officer handcuffed Garza, who allegedly continued to flail. A second officer arrived, “helping to manage the situation by securing the man’s legs.”
Garza soon became unresponsive and was taken to a hospital, where he died.
The lawsuit alleges that a pathologist in the San Diego County Medical Examiner’s office concluded his manner of death was homicide due to being physically restrained by the officers.
The sheriff’s office identified the officers as Noah McLemore and Jacob Phipps, each of whom had been with the San Diego Police Department for about 4 1/2 years.
The Garza family’s lawsuit alleges that bar security guards originally had Garza restrained on his back, but the first arriving officer flipped Garza onto his stomach. The complaint alleges Garza “posed no danger to the officer” and when he asked why the officer was holding him down, the officer said, “I don’t know, I just got here and you were on the ground.”
It also faults the officers for allegedly failing to check if he was able to breathe properly or take his pulse.
The lawsuit states that holding someone down while they are prone is known to be dangerous. While SDPD has banned the carotid restraint, the lawsuit alleges the department did not take steps to address the risks of turning people facedown.
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