Ex-NFL player Doug Martin's family sue Oakland police, allege restraint asphyxia in fatal mental health crisis
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NEWYou can now listen to Fox News articles!The family of former NFL running back Doug Martin has sued the city of Oakland, its police department and an ambulance company, alleging their actions contributed to the circumstances surrounding his death.
In the suit, the late NFL star’s parents claim police played a role in the 36-year-old’s death and allege paramedics failed to respond quickly enough to calls for medical care. Martin’s parents, Leslie and Douglas, filed the lawsuit Tuesday in U.S. District Court for the Northern District of California.
The suit states the plaintiffs believe Martin died from restraint asphyxia, which they allege was "caused by Oakland police officers and the FALCK NORCAL paramedics’ failure to provide timely medical care." He was later pronounced dead at a hospital.
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Doug Martin of the Oakland Raiders carries the ball against the Los Angeles Chargers during the second half of their NFL game at Oakland-Alameda County Coliseum in Oakland, California, on Nov. 11, 2018. (Thearon W. Henderson/Getty Images)
Leslie called paramedics in response to her son having a mental-health crisis on Oct. 18. Martin then fled and hid in a neighbor’s house two doors away, where the Oakland Police Department found him in the basement, according to the suit.
According to the suit, Leslie called paramedics Oct. 18 after her son began experiencing a mental-health crisis. Martin then left the home and hid in a neighbor’s house. Oakland police later located him in the basement. Furthermore, the lawsuit says law enforcement officers physically restrained Martin and placed him "face down while one or more officers pressed on his back." When officers turned Martin on his side, he was unresponsive, at which point the suit alleges that the officers thought he was "sleeping or pretending to be asleep."
DETAILS EMERGE IN DEATH OF EX-NFL STAR DOUG MARTIN
The lawsuit also alleges law enforcement restrained Martin, placed him "face down while one or more officers pressed on his back," and later found him unresponsive after turning him on his side. Officers believed Martin was "sleeping or pretending to be asleep," the suit continued. It also alleges that at least one officer requested medical assistance while Martin was still unresponsive.
The Martin family alleges the response was not immediate enough, claiming Falck Northern California paramedics arrived about 15 minutes after the call for service was made, per the suit. "When they arrived," the suit says, they "did not promptly provide medical care."
Oakland Raiders running back Doug Martin is tackled by Los Angeles Chargers safety Jahleel Addae during an NFL game at Oakland-Alameda County Coliseum in Oakland, California, on Nov. 11, 2018. (Ezra Shaw/Getty Images)
"They just want to know what happened," John Burris, a lawyer representing the family, told The Athletic. "Here’s a situation where the mother was calling for help. He was emotionally out of it, and she was calling for help."
EX-NFL STAR DOUG MARTIN WAS DEALING WITH 'MENTAL HEALTH CHALLENGES' BEFORE DEATH, REP SAYS
"When you call for help and the police come, it’s not a death warrant. You don’t expect the person to die." Burris continued. He added that an independent pathologist, who was not named, told Martin’s parents that restraint asphyxia may have been their son’s cause of death.
Martin’s parents are seeking damages, including for wrongful death, hospital and medical expenses, coroner’s fees, funeral and burial expenses, loss of support and familial relationship, among several others.
Burris noted that Martin’s mother sent her son’s brain to Boston, where the Boston University CTE Center is based, in an effort to learn whether he developed chronic traumatic encephalopathy, a disease that can be diagnosed only after death. While the pathologist told Burris that a CTE finding "really has no consequence as it relates to the cause of death," Burris said the family is seeking a clearer picture of Martin’s brain health.
An Oakland Police patrol car is parked in front of the Oakland Police headquarters in Oakland, California. (Justin Sullivan/Getty Images)
The Oakland Police Department has a policy of not publicly commenting on pending litigation. Fox News Digital was referred to the Oakland city attorney’s office, which also did not offer comment on the case. Representatives for Falck Northern California could not immediately be reached for comment.
Martin, an Oakland native, closed out his NFL career with the then-Oakland Raiders in 2018. Before that, he spent six seasons with the Tampa Bay Buccaneers, who selected him in the first round of the 2012 NFL Draft.
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He received a four-game suspension in 2016 for violating the league’s substance-abuse policy. After testing positive for Adderall, Martin revealed plans to enter a treatment program.
Martin finished his NFL run with more than 5,300 rushing yards and was named to two Pro Bowl teams. He played college football at Boise State.
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Chantz Martin is a sports writer for Fox News Digital.
Badenoch blasts 'moaning' female Labour MPs over Burnham jobs 'quota'
Kemi Badenoch has told Labour women to earn a job in Andy Burnham's Cabinet instead of demanding they are handed jobs because of their gender.
The Tory leader lashed out today amid reports that female MPs are demanding the de-facto new prime minister introduce a 50:50 gender split 'quota' in his government.
Amid reports that former foreign secretary David Miliband is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister also complained that Burnham could not have 'more Milibands than women' in the top posts.
But in a scathing article in the Times today Mrs Badenoch told them to 'stop moaning' and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'.
'There are many, many reasons why you shouldn't have any Milibands in the cabinet,' she said.
'But complaining that the boys haven't given them the right jobs or that the boys are taking all the jobs, just shows that Labour's women still don't get it.'
The idea of quotas was also attacked by Baroness Jacqui Smith, Labour's Skills Minister.
Asked by Times Radio if Mr Burnham should reserve jobs for women, she said: 'No, I think what Andy Burnham should be doing is building the very best team around him to change this country.'
A letter written by the Women's Parliamentary Labour Party has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs
Amid reports that former foreign secretary David Miliband (above, right, in 2010) is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister complained that Burnham could not have 'more Milibands than women' in the top posts
But Mrs Badenoch told them to pipe down and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'
A letter written by the Women's Parliamentary Labour Party and seen by the BBC has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs after he succeeds Sir Keir Starmer.
'We are asking you to demonstrate this change from day one and address the toxicity and misogyny within our own party and government,' it said.
Labour has never had a female leader, while the Conservatives have had three, and Mrs Badenoch urged the government to follow its meritocratic example.
'If you run a meritocracy, then you do not have to worry about jobs for the boys,' she wrote.
'Every woman who is a Conservative MP, every woman who has ever won the leadership, has had to fight to get where she is.
'By contrast, Labour women are demanding guarantees from Burnham. But the truth is he doesn't have to give any guarantees.
'If none of Labour's women are prepared to get their hands dirty and challenge him for the leadership, their demands are toothless.'
'In fact, it's quite revealing that the women's parliamentary Labour Party has written to Burnham asking him to commit himself to at least 50 per cent female ministers.
'This has nothing to do with meritocracy. It is yet more of the failed identity politics that is holding back our country.'
