(CHICAGO) The sister of a man who died in police custody last year has filed a federal lawsuit against the city and 14 members of the Chicago Police Department, alleging officers failed to intervene when others used excessive force that ultimately caused his death.
The eight-count lawsuit was filed Tuesday in U.S. District Court.
Heriberto Godinez, 24, died after police were called to a report of a burglary in the 3000 block of West Pershing on July 20, 2015. They found Godinez and suspected him of being involved, police said at the time. He was “sweating heavily with labored breathing,” police said. He was eventually pronounced dead at the scene.
The lawsuit, filed by Godinez’s sister, alleges that a “code of silence” within the police department hinders investigations into civilian deaths in police custody.
“Chicago police officers who observe misconduct by their fellow officers but do not report it, are not held accountable for their failure to do so,” the suit stated.
Heriberto Godinez | Facebook
The Cook County medical examiner’s office determined the cause of Godinez’s death to be “combined cocaine and ethanol toxicity.” But it said the manner of his death was undetermined. Godinez “demonstrated agitated behavior with self-injury which allegedly continued upon placement into a transport vehicle,” the office said, citing reports and “videotape evidence.”
Earlier this year, the city released dashcam video of Godinez’s arrest that shows him wiggling while handcuffed and sitting against a Chicago Police SUV. He attempts to move away from the car, and an officer puts a foot on his neck for about two seconds. Then several other police officers arrive to help put Godinez in custody.
“Defendant officers’ use of force and methods of restraint caused HERIBERTO to suffer a
loss of oxygen to his brain,” the suit stated. “As a result of Defendant officers’ actions and omissions, [Godinez] died.”
Godinez’s sister had previously sued the city alleging its withholding of the dashcam video was unlawful in the wake of the Laquan McDonald video release.
A spokesman for the city’s Law Department declined to comment on the lawsuit, saying the city had not been served as of Tuesday.
The lawsuit alleges excessive force, supervisory liability, failure to intervene and wrongful death. It seeks and undisclosed amount in damages.
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