The parents of former All-Pro NFL running back Doug Martin say excessive force by police and delayed medical care led to his death last year, according to a wrongful death lawsuit against the city of Oakland, California, several police officers and an ambulance company.
In the lawsuit filed Tuesday in federal court, Leslie and Douglas Martin say their son was experiencing a mental health crisis in October when responding Oakland police officers held him "face down while one or more officers pressed on his back.” The lawsuit alleges this restraint was a “substantial factor” in causing his death.
“The family is very much interested in finding out what happened to their son,” said attorney John Burris. “Unfortunately the litigation is a mechanism to best get that done.”
Martin, 36, best known for his career with the Tampa Bay Buccaneers, was selected last August as one of the top 50 players in franchise history as part of the team’s 50th anniversary celebration. He was originally from Oakland and lived in Stockton, where he played high school football.
Over a decade, more than 1,000 people have died across the country after police subdued them through means not intended to be lethal, such as physical holds, Tasers and body blows, an investigation led by The Associated Press found. That includes George Floyd, whose murder by a police officer in 2020 led to a national reckoning over law enforcement's use of force, especially against Black people.
Police said in a statement at the time of Martin's death that he was involved in a break-in and that a “brief struggle” happened as police were trying to detain him and he became unresponsive. The department did not release any other details.
The Oakland Police Department said Thursday it does not comment on pending litigation and referred inquiries to the Oakland city attorney's office, which declined comment. Oakland police also said the investigation into Martin's death is ongoing.
Leslie Martin had called 911 because she was worried about her son, Burris said in an interview. He had been acting strangely and she “thought that he needed some medical attention," he said.
Burris said Doug Martin took off after she called. Police officers responding to Leslie Martin's call and separate reports of a break-in found Doug Martin hiding in a neighbor’s home.
Oakland police released several minutes of officers' body camera footage and 911 calls in March. In the video, officers called Martin by name.
The officers and Martin struggle briefly and then he is physically restrained face down. There are several minutes not shown in the released video.
The complaint alleges that Martin was later turned onto his side and was unresponsive and says officers initially thought he was “sleeping or pretending to be.” They only requested medical assistance after he remained unresponsive, the lawsuit says.
The lawsuit also accuses Falck USA, Inc. and its subsidiary Falck Northern California Corp.'s paramedics of taking more than 15 minutes to respond to the call and not promptly providing medical care after they arrived. Messages seeking comment were left Thursday for Falck.
The Alameda County Coroner’s Office said an autopsy report is awaiting test results after extra testing was requested by Martin's family. Burris said he does not know what additional testing is holding up the report.
Burris said he had a second autopsy conducted, and the pathologist determined tentatively that the cause of death was restraint asphyxiation.
In addition to the autopsy, Burris said Martin's brain was immediately sent to be examined posthumously for chronic traumatic encephalopathy, which can affect regions of the brain involved with regulating behavior and emotions and is linked to contact sports such as football. The family also is awaiting those results.
“They're concerned enough about it that they immediately sent the brain to Boston for examination,” Burris said, though he added the degenerative brain disease might account for his behavior but not how he died that night. Research is done at the Boston University CTE Center.
Martin was the 31st overall pick in the first round of the 2012 NFL draft after a standout career at Boise State. He rushed for 1,454 yards, scored 11 touchdowns as a rookie and was selected to the Pro Bowl. He also was named first-team All-Pro and made the Pro Bowl again in 2015.
Martin played six seasons with the Buccaneers and one season with the Raiders.
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