News Summary
The family of Gabriel Jesus Garza has filed a federal lawsuit against the City of San Diego and police officers involved in his death at Star Bar. Garza, who died after being restrained by officers, was allegedly in need of medical assistance during the incident. The lawsuit claims that the police’s actions led to delays in providing critical help, and it raises questions about the handling of individuals experiencing health crises. This case has ignited discussions about police practices and accountability regarding restraint methods.
San Diego – The family of Gabriel Jesus Garza has filed a lawsuit in federal court against the City of San Diego and responding police officers following his death after an incident at Star Bar on January 25. Garza, 40, passed away shortly after being removed from the bar on suspicion of causing a disturbance and allegedly biting a security guard. The lawsuit claims that officers held Garza face down on the ground until he was unresponsive.
The legal action comes after the family alleges that they have not received any substantial information regarding Garza’s death from city officials. Eyewitness accounts indicate that Garza appeared to be in need of medical assistance, as he may have been experiencing a health or mental health crisis. The family contends that a 911 dispatcher did not send paramedics until police assessed the situation, potentially delaying critical help for Garza.
According to reports, police arrived at Star Bar around 8:15 p.m. to find Garza restrained on the ground by a security guard and another individual. One officer handcuffed Garza as he continued to struggle, after which a second officer arrived to assist in securing Garza’s legs. As the situation unfolded, Garza lost consciousness and was later transported to a hospital, where he was pronounced dead.
A subsequent autopsy conducted by a pathologist from the San Diego County Medical Examiner’s Office ruled Garza’s death a homicide resulting from physical restraint. The sheriff’s office identified the officers involved in the incident as Noah McLemore and Jacob Phipps, both of whom have approximately 4.5 years of service with the San Diego Police Department (SDPD).
The lawsuit claims that while bar security initially restrained Garza in a position that would allow him to breathe, the responding officer flipped him onto his stomach, which is known to be a dangerous maneuver. The legal document highlights concerns about officers failing to monitor Garza’s ability to breathe or check his pulse during the encounter. In light of recent high-profile incidents involving police and physical restraint, including George Floyd’s death in Minneapolis, the lawsuit points to established risks related to holding individuals in a prone position.
Although the SDPD has prohibited the use of carotid restraints, the lawsuit asserts that the department has not adequately addressed the dangers associated with holding individuals facedown. The Garza family is seeking both transparency and accountability from law enforcement regarding the protocols and actions taken by the officers involved in the incident.
As the legal proceedings unfold, the case has raised significant questions about the handling of such incidents by police officers and the potential need for reform in policies relating to the restraint of individuals during arrests. The family’s focus on achieving clarity and fairness in the wake of Gabriel Garza’s untimely death reflects broader public concerns about police practices and accountability across the nation.
The lawsuit not only aims to uncover the details surrounding Garza’s death but also serves to highlight ongoing discussions about law enforcement’s handling of vulnerable individuals in crisis situations. With the increasing scrutiny of police procedures in recent years, the outcome of this case could have implications for both the community and law enforcement practices going forward.
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Additional Resources
- NBC San Diego: Family of Man Who Died After Removal from Downtown Bar Sues City Officers
- Wikipedia: Police Brutality
- Fox 5 San Diego: Police ID Man Found Dead After Fight in Grantville Apartment
- Google Search: San Diego Police Department policies
- Times of San Diego: Family of Man Who Died in Encounter with Police Files Lawsuit
- Google Scholar: Police Restraint Deaths
- San Diego Union-Tribune: Man Dies After Alleged Fight with Sister in Grantville Apartment
- Encyclopedia Britannica: Law Enforcement
- NBC San Diego: Officer Killed in Clairemont Mesa Memorial
- Google News: Law Enforcement Reform
