Facts

At around 5:30 a.m., Earl McNeil showed up to the National City Police headquarters saying he wanted to turn himself in on a warrant and claimed he wanted to kill Jesus and stated he was high. Officers placed McNeil in handcuffs and when he began to struggle, the officers detained him on suspicion of being under the influence of a controlled substance where they later found a small bag methamphetamine in his front pocket. The officers wrestled McNeil onto the ground and placed him in a device called The Wrap--a restraint system that uses a stiff blanket to restrain a person's legs and a strap to to keep the person upright and breathing--for two hours. A spit sock was also placed over McNeil's head. McNeil made several statements that he was unable to breathe and appeared to have seizures. When McNeil was taken to jail, he was sweating profusely, had a high fever and rapid pulse. McNeil was spitting at the responding officers and a second spit sock was applied. An ambulance was called to take him for a medical and psychological evaluation, after the ambulance arrived, McNeil stopped breathing. Paramedics attempted to resuscitate him but McNeil never regained consciousness. He died two weeks later when his family took him off life support. The family of McNeil brought action against the City of National City alleging and the officers involved alleging that defendants violated McNeil's civil rights when they restrained him and failed to provide proper medical care.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended McNeil was deprived of his civil rights when the restraint that the officers used on McNeil was an unreasonable search and seizure that amounted to excessive force. Plaintiffs contended that defendants' actions caused McNeil's death, despite him being intoxicated. Plaintiffs contended defendants failed to prove McNeil adequate medical care when he had several symptoms upon arrival to the jailhouse. Plaintiffs contended that defendants deprived of McNeil of substantive due process when the officers used excessive force. Plaintiffs contended that defendants failed to supervise, train, and take corrective actions with the officers' use of The Wrap, providing adequate medical care, and use of force. Plaintiffs contended that the City of National City is vicariously liable for defendants' conduct.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

Plaintiffs and the County of San Diego settled for $100,000.