PHOENIX - The Maricopa County Board of Supervisors is expected to vote on March 7 whether to approve a wrongful death lawsuit filed by the family of 44-year-old army veteran Marty Atencio.
The lawsuit is tied to an incident that occurred in December 2011, when Atencio was arrested by Phoenix police after allegedly kicking an apartment door and acting erratically.
While in custody at the Fourth Avenue jail, video surveillance footage shows the man standing up, walking around and eventually having to be forced to sit down and then handcuffed to his chair.
Other video shows the man surrounded by law enforcement as they tried to process him.
Deputies claim the man would not comply with taking off his shoes and socks. A Phoenix police officer can be seen grabbing Atencio, who is standing with his back against the wall and arms folded.
Seconds later, several deputies and at least two Phoenix police officers are seen piling on top of the man. A taser was used on the man during the melee, which the Atencio family says was excessive force and ultimately contributed to his death.
After the altercation, the man was stripped and placed in a padded cell. When the guard closes the door, the man is laying face down and not moving. Several minutes pass and the man does not appear to move before personnel open the cell and begin administering medical help.
The amount of the settlement has not been made public, but two other wrongful death lawsuits filed against MCSO by the same attorney resulted in million-dollar settlements.