Lawsuit Filed After Controversial Death During Arrest in San Diego

News Summary

The family of Gabriel Jesus Garza has sued the City of San Diego following his death during an arrest in January. The lawsuit alleges wrongful death and criticizes police procedures, highlighting concerns over the treatment Garza received while in distress, as well as a lack of transparency from city officials. Witnesses claim he was in urgent need of medical assistance, yet was restrained improperly, raising questions about police accountability and protocols.

San Diego – The family of a deceased man has filed a lawsuit against the City of San Diego and the police officers involved in his controversial restraint during an arrest on January 25, 2025. Gabriel Jesus Garza, 40, died shortly after being removed from the Star Bar in downtown San Diego. The lawsuit alleges wrongful death and a troubling lack of transparency from city officials regarding the circumstances surrounding Garza’s death.

According to the lawsuit filed in San Diego federal court, Garza was ejected from the bar due to a reported disturbance and was accused of biting a security guard. The intimation is that he was in a state of health or mental health crisis at the time, with witnesses claiming he required urgent medical attention.

Details revealed in the complaint state that upon the arrival of officers from the San Diego Police Department (SDPD), Garza was restrained face down. While in this position, he reportedly became unresponsive. A pathologist from the San Diego County Medical Examiner’s office later ruled his manner of death as homicide due to physical restraint.

The timeline of the incident indicates that a sheriff’s deputy arrived around 8:15 p.m. to find Garza in distress while being physically restrained by a security guard and another individual. The first SDPD officer handcuffed Garza, while a second officer secured his legs. Witnesses noted that at no point did the officers check Garza’s breathing or pulse during the restraint.

Emergency medical assistance was brought into question when a 911 dispatcher reportedly declined to send paramedics until the police assessed that the situation warranted them. The officers, identified as Noah McLemore and Jacob Phipps—each with approximately 4.5 years of service—were present during the altercation that led to Garza’s death.

The lawsuit claims that the initial restraint by bar security placed Garza on his back. When police arrived, they allegedly flipped him onto his stomach, despite the inherent dangers of such a position, particularly in light of recent events emphasizing the risks associated with face-down restraint, including the high-profile death of George Floyd. The SDPD has discontinued the use of carotid restraint; however, the lawsuit argues that the department has not adequately addressed the risks associated with other forms of restraint.

Garza’s family is now seeking accountability and transparency from city officials regarding the incident and the apparent lack of compliance with proper protocols during the arrest. They asserted that their requests for detailed information about Garza’s death were met with silence and evasion from city representatives, leading to the current legal action.

The complaints outlined in the lawsuit suggest that Garza posed no immediate danger at the time he was restrained. An officer allegedly conveyed uncertainty when asked about the reasons for holding Garza down, stating that he did not have information at that moment because he had just arrived. This statement has raised questions about the decision-making processes at the scene of the incident.

As the legal proceedings unfold, the city attorney’s office has not yet issued a public comment on the ongoing litigation. The developing case has highlighted broader concerns about police procedures and accountability—issues that continue to be a focus for civil rights advocates and community members across the nation.

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Additional Resources

• NBC San Diego
• Wikipedia: Police Accountability
• Times of San Diego
• Google Search: Police Procedures and Accountability
• San Diego Union-Tribune
• Google Scholar: Police Reform
• Fox 5 San Diego
• Encyclopedia Britannica: Law Enforcement Practices
• Los Angeles Times
• Google News: Excessive Force Lawsuits
• CBS 8 San Diego