Restraining Chair

Santa Cruz, CA: (Feb-28-08) The family of David Cross brought a wrongful death lawsuit against the Santa Cruz County Jail, alleging that the man died due to the negligence of jail officials. The suit claimed that the 44-year-old man was jailed after being arrested Sep. 17, 2005 on charges of violating a restraining order that required him to stay away from a home he shared with his girlfriend. It was alleged that while in jail, Cross's emotional condition deteriorated and he began banging his head against the cell door. The jail staff placed him in a restraining chair and Cross died minutes later. The family stated that Cross, while being physically restrained, screamed "I can't breathe" and "I'm going to die" and the jail staff failed to respond for several minutes. Sixteen minutes later, a nurse found that he had no pulse. The incident was videotaped.

As part of a settlement reached with the County, officials claimed that the family received a $3 million settlement to resolve the wrongful death suit. The deal, reached before US Magistrate Joseph Spero in San Francisco is conditioned on approval by the Santa Cruz County Board of Supervisors and by a risk management pool that insures the county. Apart from the monetary payout, the agreement also includes a plan for the county to send the family a letter of regret. The recent move also serves to avert a trial that was scheduled to begin in federal court in San Jose in May 2008. [CBS NEWS: RESTRAINING CHAIR DEATH]

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Published on Mar-1-08