The family of an inmate who was found not breathing in his jail cell in December 2011 has filed a lawsuit against the city of Phoenix and Maricopa County Sheriff's Office.
The family of Ernest Marty Atencio filed the suit in Maricopa County Superior Court on Monday.
The notice of claim was filed back in June, which claimed Atencio's fatal injuries were a result of a jailer's riot allegedly started by two Phoenix police officers. The family also claims excessive force was used by Maricopa County Sheriff Office employees.
The autopsy, which was completed by Maricopa County Medical Examiner Dr. William Stano, found the cause of death for Atencio, 44, to be "complications of cardiac arrest in the setting of acute psychosis, law enforcement subdual and multiple medical problems."
The Maricopa County Medical Examiner's office said on Dec. 15, 2011, a woman called 911 after Atencio allegedly walked up behind her and began yelling at her.
Atencio was arrested for assault and was held in Phoenix police custody.
An officer used a stun gun to subdue him, his family said, and he was placed in a safe cell, where he was under observation by medical personnel. When they checked on him about 15 minutes later, the staff found him not breathing, according to Jack MacIntyre, a deputy chief with the sheriff's office.
In an official statement, MacIntyre said medical staff initiated CPR and other resuscitative efforts before the arrestee was taken to a hospital for treatment.
He remained in critical condition until Dec. 20, 2011, when he was pronounced dead.
The family is requesting a trial by jury.
Stay with cbs5az.com and CBS 5 News for updates on this developing story.
Copyright 2012 CBS 5 (Meredith Corporation). All rights reserved.
Thursday, March 6 2014 6:31 PM EST2014-03-06 23:31:07 GMT
Ocelot pelt seized at AZ border
Federal agriculture specialists at Arizona's Mariposa Port recently discovered the pelt of a endangered wild cat. Officials referred a motor home for further agricultural inspection after questioningMore >
The cats have been listed as endangered since 1982 under the Federal Endangered Species Act.More >
Friday, March 7 2014 5:04 PM EST2014-03-07 22:04:36 GMT
Alvin McClellan (Source: Facebook)
A Scottsdale middle school teacher's aide was arrested Wednesday after a search warrant turned up photos and videos of child pornography at his apartment, police said. More >
A court document stated investigators found hundreds of still images and videos on Alvin McClellan's computer hard drive depicting the sexual exploitation of children between the ages of 1 to 12.More >
Friday, February 28 2014 3:27 AM EST2014-02-28 08:27:54 GMT
On a rainy Monday afternoon, the buzz of air-powered tools rattled through the garage at CSC Lifts, Liners, and Accessories. The experienced hands of Darrell Carmena applied just the right pressure toMore >
A truck, the man of men, holds so many memories for a family. This fitting tribute is a chance to live on through the work, the sweat and the mud.More >
Thursday, March 6 2014 8:38 PM EST2014-03-07 01:38:09 GMT
A former Maricopa County sheriff's posse member was arrested Thursday after a computer repair company said they found hundreds of child porn images on his computer. Roger Byg, of Sun City, was bookedMore >
Roger Byg, of Sun City, was booked into the Fourth Avenue Jail on ten counts of sexual exploitation of a minor after a computer repair technician alerted authorities.More >
Friday, March 7 2014 6:57 AM EST2014-03-07 11:57:47 GMT
Benefit BBQ for officers involved in shootout
Police officers, politicians and perfect strangers gathered in downtown Phoenix Thursday. It was an effort to show the family of late Det. John Hobbs and wounded Det. A.J. Casados that Arizona standsMore >
As donations flooded in so did the food to feed the hundreds of people who stopped by the Phoenix Law Enforcement Association's garage.More >
Friday, March 7 2014 11:36 AM EST2014-03-07 16:36:43 GMT
Painted and unpainted plaques at the National. Memorial Cemetery of AZ.
A valley veteran believes other veterans, service members and their families deserve more than what they're getting at the National Memorial Cemetery of Arizona in Phoenix. Above-ground tombs at the cemeteryMore >
In 2009, the Veterans Affairs Under Secretary for Memorial Affairs started using deep-cut engraving on the niche covers (where ashes are held) instead of painted inscriptions – in order to prevent paint erosion. The result: names and information on these plaques are very hard to read.More >
Wednesday, March 5 2014 7:04 PM EST2014-03-06 00:04:55 GMT
A woman traveling across the country to carry out her husband's last wishes, loses her cell phone here in Arizona. You might have seen her driving around town in a pink SUV, with a pink tear-drop trailer. FiveMore >
A woman traveling across the country to carry out her husband's last wishes, lost her cell phone here in Arizona and is on a mission to get it back.More >