Emmanuel Mora, 37, died Aug. 27 while being booked at Bexar County’s Justice Intake and Assessment Annex. He was arrested by Balcones Heights police on drug charges and a parole violation, according to the lawsuit filed Friday in U.S. District Court in San Antonio.
While Mora was being processed, Bexar County Deputies Joseph Hernandez and Bobby Santo-Domingo recognized that the suspect was suffering from drug-induced delirium and gave him two doses of the overdose-reversal medication Narcan, the lawsuit states.
However, after Mora continued shouting, deputies Hernandez and Santo-Domingo handcuffed his hands behind his back and put him in restraints with a chain connecting his legs, according to the suit's allegations.
In an interview with KSAT, Dan Packard, the attorney representing the family in the suit, said Mora was in a "hogtie" position. Packard told the TV station the restraint position is considered a use of lethal force — especially for a suspect perceived to be having a drug reaction.
Mora died soon after he was put in the position, according to the lawsuit.
A custodial death report filed with the Texas Attorney General’s Office and obtained by KSAT states Mora died due to cocaine and methamphetamine intoxication. However, that report also lists “physical and police restraint” as contributing factors to the death.
An official investigation into Mora’s death with the assistance of the Karnes County Sheriff’s Office is still ongoing, KSAT reports.
Mora left behind two children and the family is seeking compensation for loss and mental anguish. The suit also asks the court for punitive damages for gross negligence and malice.
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