Law Office of Fulvio F. Cajina

In custody death due to alleged positional asphyxia resulting from several officers dog-piling on top of a prone suspect.

Plaintiff, an African American 50 year-old, was sitting in his vehicle when approached by police about an open alcohol container in a parking lot. Plaintiff denied knowing anything about it and refused to allow a search of his vehicle. Plaintiff was placed in a chokehold and arrested. Toxicology revealed no alcohol in his system. Defendants City of San Leandro and Officer Michael Olivera settled prior to filing any motions.