From [HERE] A March 25 ruling by U.S. district court judge Loretta C. Biggs allows the Federal Civil Rights lawsuit over the fatal hogtying of Marcus Deon Smith to move forward. The estate of Marcus Smith filed the lawsuit alleging that Greensboro Police Officers caused Marcus’s death by brutally restraining him prone on the ground and hogtying him like an animal until he stopped breathing, and the Guilford County EMS Paramedics, who were called to the scene, failed to intervene to protect Marcus from the use of unreasonable force and failed to promptly attend to his serious medical needs. His family has claimed that the force was unnecessary, unreasonable and excessive because Marcus was not engaged in any criminal conduct, was unarmed, made no threats to the police or others, presented no immediate danger to the officers, himself or to others, was not actively resisting arrest, and was particularly vulnerable to the excessive force because of his delusional and agitated mental state.

The lawsuit claims the written and de facto policies, practices and customs of Defendant City of Greensboro and its Police Department contributed to and were a moving force behind Marcus’s death, as the Defendant officers were acting pursuant to these policies, practices and customs, that included the use of restraint devices to hogtie people who are in a prone position, and the treatment of people who experience mental health crises.

Judge Briggs dismissed all counts against Guilford County, but allowed many against the City of Greensboro and police officers Justin Payne, Robert Duncan, Michael Montalvo, Alfred Lewis, Christopher Bradshaw, Lee Andrews, Douglas Strader and Jordan Bailey.

Also named as defendants are Guilford County EMTs Ashley Abbott and Dylan Alling. Judge Biggs let stand claims against the paramedics for violating Smith’s 14th Amendment right to equal protection under the law and due process, but dismissed claims that they violated Smith’s 4th Amendment right against illegal search and seizure. She let stand both 4th and 14th Amendment counts against the city and its eight officers.

The judge also dismissed claims that Smith’s rights under the Americans with Disabilities Act had been violated, and death/medical malpractice claims against the paramedics.

According to the complaint:

Marcus Deon Smith was a 38 year-old African American man, who had been diagnosed with bipolar disorder and schizophrenia. On September 8, 2018, shortly after midnight, Defendant Greensboro Police

Officers Payne, Duncan, Montalvo, Lewis, Bradshaw, Andrews, Strader, and Bailey encountered Marcus on North Church Street in Greensboro near the North Carolina Folk Festival that was happening downtown.

Marcus was pacing back and forth in the street and running around in circles. He appeared exasperated and frantic and was waving his arms in the air. He begged the officers for help, repeatedly stating, “Please help me, sir,” and to be taken to the hospital.

Defendants believed that Marcus was under the influence of drugs.

Marcus was unarmed, was not violent, and was not trying to flee.

Defendants called an ambulance to take Marcus to a hospital. While waiting for the ambulance to arrive, Defendants asked Marcus to get in the back of one of the police cars and told him they would take him to the hospital.

Marcus voluntarily entered the back of a police car, but after a short period of time of being alone in the car with no one driving him to the hospital as Defendants told him they would do, he began to panic and thrash around because he wanted to get out.

Marcus was not under arrest. He tried to open the door of the car, but it was locked, so he banged his hand against the window to get the Defendants’ attention. 31. Defendant Duncan then stated, “we probably ought to RIPP Hobble him.”

Marcus was not under arrest. He tried to open the door of the car, but it was locked, so he banged his hand against the window to get the Defendants’ attention.

Defendant Duncan then stated, “we probably ought to RIPP Hobble him.”

A RIPP Hobble is a restraint device used by police that is manufactured by a company called RIPP Restraints International. It consists of a belt-like strap made of polypropylene that is placed around an arrestee’s ankles to restrain their feet. The other end of the strap contains a hook and can be attached to the arrestee’s handcuffs.

By this time, Defendants Guilford County Emergency Medical Service paramedics Ashley Abbott and Dylan Alling arrived on the scene.

Defendant Strader spoke with Defendant Abbott and reported his observations of Marcus’s behavior. Defendant Abbott responded by asking, “is he a black guy?” to which Defendant Strader responded, “yes.”

The police Defendants then opened the door of the car and Marcus quickly got out.

Marcus did not kick or hit or threaten any of the Defendants or others as he got out of the car.

Defendant Duncan grabbed Marcus, and he and the other police Defendants forced Marcus down to the ground and then rolled Marcus onto his stomach in the prone position.

Marcus cried out in pain and said, “please don’t do that!” and “I’m not resisting!” Marcus was grunting and groaning and moving his body, but he was not actively resisting the Defendants.

While the police Defendants held Marcus down, Defendant Duncan handcuffed Marcus’s hands behind his back.

Defendants then hogtied Marcus while he was prone on the ground. Defendant Payne grabbed Marcus’s ankles and pushed Marcus’s feet toward his hands with extreme and unnecessary force, bending Marcus’s knees well beyond a 90 degree angle. Defendant Payne

pushed Marcus’s feet all the way to the point that they were touching his handcuffed hands at the small of his back.

Defendants Duncan, Andrews and Montalvo used the RIPP Hobble device to bind Marcus’s hands to his feet behind his back while Defendant Payne continued to violently push Marcus’s feet toward his back, causing Marcus’s knees to continue to be bent well beyond a 90 degree angle.

Defendants Andrews and Montalvo then tightened the strap on the RIPP Hobble device so tight that Marcus’s shoulders and his knees were suspended above the ground.

Defendants’ unreasonable use of force placed extreme stress on Marcus’s chest and severely compromised his ability to breathe.

During the course of this brutal hogtying, Marcus was wheezing, moaning, groaning, gasping for air, and in obvious respiratory and physical distress.

Marcus’s breathing quickly became strained and less than half a minute later he became unable to breathe and was unresponsive.

During and after the hogtying, Defendants allowed Marcus to remain prone on his stomach, with his knees bent well beyond 90 degrees, and they failed to continuously monitor Marcus’s condition and breathing.

Defendants Lewis, Bradshaw, Strader and Bailey were either holding Marcus down or standing right next to him during the prone restraint and hogtying. They each had the opportunity, duty and ability to intervene on behalf of Marcus, but failed to do so.

Defendants Abbott and Alling were also standing next to Marcus during the prone restraint and hogtying. They each had the opportunity, duty and ability to intervene on behalf of Marcus, but failed to do so.

A few moments after Marcus stopped breathing, one of the police Defendants looked down and saw that Marcus’s eyes were closed and ascertained that Marcus was unresponsive.

Defendants then placed Marcus on a gurney to move him inside of an ambulance.

Defendants Abbott and Alling knew Marcus was unconscious, unresponsive and not breathing, yet waited longer than two minutes to begin any resuscitative efforts. When they finally placed Marcus in the ambulance and attempted to resuscitate him, their efforts were unsuccessful. 52. The North Carolina Office of the Chief Medical Examiner determined that the manner of death was “homicide” and the cause of death was “sudden cardiopulmonary arrest due to prone restraint; n-ethylpentalone, cocaine, and alcohol use; and hypertensive and atherosclerotic cardiovascular disease.”

As a direct and proximate cause of the actions and inactions of Defendants as detailed above and below, Marcus suffered, among other things, bodily injury, pain, suffering, severe emotional distress and death.

Defendants’ conduct, as alleged herein, was unreasonable, conscience-shocking, and was undertaken in reckless disregard for the consequences to Marcus and his family.