The household of an unarmed Colorado Springs man who died after being handcuffed and held to the bottom throughout a psychological well being disaster in November 2022 filed a federal wrongful demise lawsuit in opposition to the police officer and former paramedic concerned within the altercation.
Kevin Dizmang, 63, died Nov. 15, 2022, after an encounter with a Colorado Springs neighborhood response workforce consisting of Colorado Springs police officer Sean Reed, fireplace division paramedic Nick Fisher and a psychological well being clinician.
The grievance, filed in federal district court docket Tuesday, alleges Reed and Fisher induced Dizmang’s wrongful demise, that Fisher used unauthorized and extreme drive throughout the incident and that Reed failed his obligation to intervene in an extreme use of drive.
“Mr. Dizmang was in bodily and psychological misery,” legal professional Harry Daniels mentioned at a information convention in Colorado Springs on Tuesday. “He wanted assist. He wasn’t a risk to the neighborhood, he wasn’t a prison, he was having a psychological disaster.”
Daniels, an legal professional from Atlanta, is representing Dizmang’s property and his daughter Kenda James within the case. Colorado Springs legal professional Kevin Mehr and South Carolina legal professional and former state consultant Bakari Sellers are additionally representing Dizmang’s property and James.
The lawsuit seeks a jury trial and unspecified financial damages.
Dizmang was experiencing a psychological well being disaster associated to PTSD and schizophrenia and destroying the RV the place he lived alone when his household known as 911 for assist, in keeping with the lawsuit.
Dizmang was “in a clearly confused and panicked state” when first contacted by the response workforce simply after 5 p.m. and was strolling into visitors on Mount View Lane close to the Cragmor Cellular Dwelling Park, the lawsuit states.
Physique-worn digital camera footage exhibits Dizmang didn’t adjust to Reed’s instructions to place his arms behind his again and struggled when Reed tried to place his arms behind his again. Fisher ultimately tackled Dizmang to the bottom.
Fisher used his physique to carry Dizmang down whereas Reed handcuffed him, the footage exhibits, and Dizmang stopped responding throughout the altercation. After a couple of minutes, Reed and Fisher rolled him onto his facet, sat him up and known as for an ambulance.
Emergency medical personnel loaded him into an ambulance and started CPR, and Dizmang was later pronounced useless at Penrose Hospital.
The lawsuit alleges Reed didn’t give Dizmang an opportunity to relax and comply together with his orders and that Fisher put Dizmang in a chokehold after he tackled him and used his physique weight on Dizmang’s neck and again, which hindered his means to breathe.
“Regardless of being unresponsive and unconscious, Kevin remained handcuffed behind his again for practically seven minutes earlier than he was loaded onto a stretcher and moved into an ambulance,” the lawsuit states.
The lawsuit additionally alleges Fisher bragged and laughed about tackling Dizmang with one other officer and cost nurse within the emergency room whereas hospital workers tried to resuscitate Dizmang within the subsequent room.
Dizmang’s demise was dominated a murder by the El Paso County Coroner’s Workplace, and his reason for demise was cardiac arrest “within the setting of bodily restraint,” in keeping with the coroner’s report.
Methamphetamine intoxication, persistent obstructive pulmonary illness, an enlarged coronary heart and different well being situations additionally contributed to his demise.
Dizmang was put right into a “bear hug” maintain when he was restrained, in keeping with the coroner’s report, which additionally famous bruises, cuts and scrapes to his arms, legs, stomach, again and neck.
The case was investigated by the El Paso County Sheriff’s Workplace and turned over to the Fourth Judicial District Lawyer’s Workplace for overview. The district legal professional’s workplace discovered the actions of Reed and Fisher have been justified and declined to file fees within the case, in keeping with spokesperson Kate Singh.
Daniels disagreed with that discovering on Tuesday.
“One factor we all know for a reality is that Mr. Dizmang died by the hands of one other individual,” Daniels mentioned. “They have been there to assist Mr. Dizmang, however they killed him.”
The Colorado Springs Police Division and Colorado Springs Fireplace Division declined to touch upon the pending litigation and referred to a joint assertion issued in February 2023 concerning the incident, which described the investigation into Dizmang’s demise and details about neighborhood response groups.
“Sadly, even with the entire coaching and experience on this CRT workforce, we are able to’t management each issue concerned in an interplay with a neighborhood member such because the actions, underlying medical situations and intoxication of the concerned individual previous to our involvement,” the assertion mentioned.
Reed continues to be employed by the police division and is now in a brand new function by his alternative, in keeping with the division. He’s listed as a faculty useful resource officer on the town’s web site.
Reed didn’t face any disciplinary motion from the incident, the division mentioned Tuesday.
Fisher resigned from the Colorado Springs Fireplace Division on June 17, in keeping with spokesperson Ashley Franco.
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