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Gotbaums Sue City For Airport Death

POSTED: 2:41 pm MST May 8, 2008
UPDATED: 6:05 pm MST May 8, 2008

The family of a New York woman who died in police custody at Phoenix Sky Harbor International Airport has filed a wrongful-death lawsuit against the city.

READ: Previous Story 3/26/08

The suit filed Thursday claims that Phoenix police officers caused or contributed to Carol Anne Gotbaum's death on Sept. 28.

Police arrested Gotbaum for disorderly conduct after she was denied a seat on a flight to Tucson. She was later found dead in an airport holding cell.

The family filed an $8 million claim against the city in March, blaming Phoenix police for using excessive force and ignoring policies during her arrest.

Phoenix rejected the claim, saying officers did nothing wrong.

"On that day, members of the Phoenix Police Department used excessive and unreasonable force on Carol, as if she was a dangerous criminal, rather than as the sick, intoxicated, and vulnerable person she was," the claim states.

Gotbaum was in Phoenix on a layover as she traveled to an alcohol rehabilitation program.

Gotbaum family attorney Michael Manning went on to write that police erred by putting her alone and shackled in a holding room.

"In the process, they ignored the warning signs that their own policies, procedures and training materials told them could result in Carol's death," Manning write.

The official cause of death as determined by the medical examiner was asphyxia by hanging in the holding room.

At least two of the drugs found in Gotbaum were antidepressants, and the autopsy report said she had a history of "use of antidepressant medications with intoxication."

The medical examiner reported that Gotbaum had approximately 35 bruises on her neck, arms and legs, including her knees and elbows, and scrapes.

Police have said they had used a chain to link the handcuffs to a bolt fastened to a bench in the detention room but the autopsy report said the officer who found Gotbaum unconscious wasn't able to recall the chain's exact position at that point.

The report shows Gotbaum was found unresponsive in the holding cell with handcuffs near her neck area.

Authorities said all along that Gotbaum may have accidentally strangled herself. Police have said they followed proper procedures when dealing with her.

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