The lawsuit said Alameda police officers failed to de-escalate the situation and knew Mario Gonzalez did not pose any danger and didn’t make any “threatening action toward any of the officers.”
A second federal civil rights lawsuit has been filed following the death of Mario Gonzalez, who died last spring during an encounter with Alameda police.
Both alleged that Alameda Police officers Eric McKinley, James Fisher and Cameron Leahy "used excessive force against , and unjustified deadly force that included a suffocating restraint" that caused the 26-year-old chef and father to die from restraint asphyxia. Gonzales was clearly confused and disoriented, the suit contends, while also alleging the police department’s "failure to discipline or retrain the Defendant Officers is evidence of an official policy, entrenched culture and posture of deliberate indifference toward protecting citizen’s rights."The city said the officers have been on leave since Gonzalez's death more than nine months ago.
Alison Berry Wilkinson, the attorney representing the three officers, said in December that her clients "look forward to the opportunity to prove in federal court that their actions during this encounter were reasonable, necessary, and lawful."
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