Attorneys for the estate of Tanisha Anderson have amended their U.S. District Court complaint -- originally filed Jan. 7, 2015 -- and filed a motion to include an expert's report, alleging that Cleveland Police used excessive force, there was a denial of medical assistance, it was a wrongful death and there was assault and battery and violation of the Americans with Disabilities Act.
Anderson, 37, died while in police custody on Nov. 13, 2014, after struggling with Cleveland police officers who had been trying to get her into a squad car so they could take her for a psychiatric evaluation. She lost consciousness and later died at the Cleveland Clinic.
The case is before U.S. District Judge Donald C. Nugent.
The motion seeks a summary judgment against Cleveland Police Officers Scott Aldridge and Bryan Myers and the City of Cleveland. Attorneys also filed an expert report reviewing the treatment of Anderson by former Deputy Chief of the Los Angeles Police Department.
In the report, Reiter said:
"The City of Cleveland, Cleveland Division of Police, in my opinion based upon my specialized knowledge, skills and training and my review of the documentation in this litigation, exhibited deliberate indifference in its training, supervision and policy development by not addressing the known, common field risks of positional asphyxiation. Officers Aldridge and Myers failed to follow basic precautions when restraining Tanisha Anderson in the prone position and caused her injuries due to positional asphyxia. Their actions were consistent with the City’s critical lack of policy, training and supervision regarding the dangers of positional asphyxiation."
In addition, he wrote:
"The detention and use of force by Officers Aldridge and Myers, in my opinion, was contrary to generally accepted police practices, unreasonable and excessive for the circumstances these officers encountered with Ms. Anderson. These actions, in my opinion, were a consequence of the CDP’s historical and continuous oversight failures and gross lack of supervisory control of use of force situations by CDP officers."
Anderson, 37, had a heart condition and bipolar disorder. Her family called police when she attempted to leave home, claiming fear for her safety. Police said Anderson struggled with officers Aldridge and Meyers as they attempted to put her in a squad car, while Anderson’s family claims officers wrestled her into a take-down.
Anderson lost consciousness and died at the Cleveland Clinic. The Cuyahoga County Medical Examiner ruled Anderson’s death a homicide caused by “sudden death associated with physical restraint,” in a face-down position.
Reiter also concluded:
"Officer Aldridge and Myers failed to use reasonable and generally accepted police practices in failing to provide medical care for Ms. Anderson. Their actions, in my opinion, displayed their deliberate indifference to her obvious medical needs."
Read the report: