Following his death in 2022, the family of 63-year-old Colorado Springs citizen Kevin Dizmang has sued the Colorado Springs Police Department (CSPD). The family members have filed a case in federal court for using excessive force and wrongful death. Let’s explore the details to understand the case and what you can do in a similar scenario.
The Incident: A Call for Help Turns Tragic
Kevin Dizmang had a documented history of Post Traumatic Stress Disorder (PTSD) and schizophrenia and was having an episode in November 2022. His family called 9-1-1 to help handle the situation so that he did not cause trouble to someone around him.
Responding cops showed up at the site accompanied by a paramedic and a mental health specialist to handle the issue. While the responding team was trying to handcuff Kevin, the situation escalated into a physical struggle. This led to a scenario where Dizmang was placed in a chokehold until being handcuffed and later unresponsive.
Excessive Force Allegations: A Chokehold and Fatal Consequences
According to the lawsuit, paramedic Nick Fisher put Dizmang in a chokehold for about 30 seconds. The thing is that chokeholds have been banned in Colorado Springs, and only a peace office can use them if necessary.
According to reports, body camera footage reveals the intensity of the force used as well as unsettling conversations amongst responders. The lawsuit contends that despite Officer Sean Reed’s obligation to prevent excessive force, he did not step in. Kevin’s family members allege that this led to his death.
The Incident That Banned Chokeholds in Colorado
As noted in an article by The New York Times, there have been many cases where someone lost their life due to a chokehold. One such case was that of Elijah McClain. He was a 23-year-old man who was restrained with a chokehold by the Aurora, Colorado, police department.
In 2019, he was going home from a convenience store when someone called 9-1-1, saying he looked sketchy. The responders who arrived at the location tried to handcuff him but were struggling to do so. Thus, the officers used a carotid hold on him, which prevents blood from reaching the brain to make someone unconscious.
Later, paramedics who arrived at the scene used ketamine on him. Ketamine is a powerful sedative, which is one of the reasons why Mr. McClain went into cardiac arrest on the way to the hospital. He then died after a few days in the hospital. This incident led to regulations that prohibited the use of ketamine and banned chokeholds in Colorado.
Autopsy and Legal Response: The Cause of Death and Investigations
According to the autopsy report, Dizmang died as a result of physical restraint, acute methamphetamine intoxication, and cardiac arrest. Since there was a physical restraint and involved police, the manner of death was declared as a homicide.
The autopsy report also mentions that the body camera on the responding police officer shows that a bear hug was used during the encounter. The illicit drug use history of Keving Dizmang can be used against him in court.
The family is still pursuing responsibility through the lawsuit. However, local investigations, including one conducted by the El Paso County Sheriff’s Office, exonerated the implicated officers of any criminal misconduct.
Allegations in the Lawsuit
The primary allegation is that the responding team didn’t allow Kevin Dizmang to calm down. Dizmang was certainly in a stressed and panicked state. However, the family members said that he never attempted to flee or cause harm to others. Therefore, he should have been given a chance to settle before attempting a chokehold.
Nick Fisher, the responding paramedic, was said to have suddenly and violently tackled Kevin Dizmang. The body camera footage shows that he even bragged and laughed about how he tackled Kevin.
What You Should Do in a Similar Situation?
If you think that your loved one was a victim of a wrongful death, you can file a lawsuit against the offender. The first thing you need to do is contact a local personal injury lawyer. Considering the above scenario as an example, the victim’s family or loved one should find a Colorado Springs personal injury attorney. A local lawyer can help you assess your case, determine eligibility, gather evidence, file a case, etc.
An attorney can also help you determine the potential claim amount and negotiate with the offender’s lawyer or the insurance company. As stated by Springs Law Group, the claim amount should be calculated based on numerous factors, such as:
- Medical expenses
- Lost wages
- Emotional trauma, etc.
Without an attorney, it can be challenging to consider all such factors and calculate the right settlement amount. Even if you do calculate the amount correctly, the opposition attorney or the offender’s insurance company will try to reduce it. A lawyer can handle all these things on your behalf to ensure you get the justice and compensation you deserve.
Frequently Asked Questions
What kind of damages can the family seek in a wrongful death lawsuit?
The family may pursue both punitive and compensatory damages in a wrongful death case. Financial compensation for funeral costs, lost wages, and the anguish endured by the remaining family members are examples of compensatory damages. If granted, punitive damages are meant to penalize the offender for especially heinous acts and discourage similar behavior in the future.
Why is the lawsuit naming the city of Colorado Springs?
The family feels the city bears legal responsibility for the police officers’ conduct, so the city is mentioned in the complaint. This covers claims of carelessness, overuse of force, and inadequate training for police to deal with mental health emergencies. In some situations, Colorado Springs, as a municipality, might be held responsible for the conduct of its police personnel.
How much time does it usually take to settle a wrongful death lawsuit?
The time it takes to settle a wrongful death case might vary greatly. Some cases may take years to resolve if they go to trial, while others may settle out of court in months. The length of the litigation can be affected by several factors, including the defendant’s willingness to bargain, the case’s complexity, and the evidence’s availability. Depending on how the judicial proceedings play out, the Dizmang family’s case will probably take months, if not years, to conclude.
The outcome of this wrongful death lawsuit might have a big impact on police procedures as the case surrounding Kevin Dizmang’s death progresses. The Dizmang family may get a sizable cash compensation if the court finds in their favor. Additionally, it could require Colorado Springs to review its law enforcement guidelines, especially concerning mental health emergencies.
The Dizmang family is still working to get justice for their loved one. They believe that by pursuing responsibility, they will pay tribute to Kevin’s legacy and significantly alter how law enforcement responds to mental health issues. By doing this, no other family will suffer the same terrible loss.
To read more content like this, explore The Brand Hopper
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