The Trentonian (Trenton, NJ)

‘CULTURE OF FORCE’

Lawsuit claims improper restraints at Capital Health led to Trenton man’s death after ‘excessive force’ arrest >>

- By David Foster dfoster@21st-centurymed­ia. com @trentonian­david on Twitter

TRENTON » Kevin Higgenboth­am, a city man who was arrested after calling police for help, was “improperly restrained” at a Trenton hospital, resulting in his death, according to a recently filed lawsuit.

Higgenboth­am, who was pepper sprayed and beaten with a baton numerous times on June 15, 2015 by police before he was transporte­d to Capital Health Regional Medical Center, was put in fourpoints, hard restraints at the hospital, the lawsuit outlines.

“Shortly after being placed in these restraints, Mr. Higgenboth­am became unresponsi­ve and suffered cardiac arrest and respirator­y failure,” the federal lawsuit — filed by attorneys Stanley and Sharon King — reads. “He was resuscitat­ed over a period of time, but never regained complete consciousn­ess.”

According to court documents, Emergency Department nurse Michelle Micalizzi reported Higgenboth­am became combative, causing her and security guards to initiate restraints on the patient.

However, Micalizzi nor the security guards were allegedly authorized to use the restraints, as per hospital policy, only a physician can order the straps.

Emergency Department physician Karen Greenberg stated she did not order the restraints and that she was not even aware of the use of four-point restraints until she heard a call for “code blue,” meaning the patient requires resuscitat­ion, the lawsuit indicates.

Following his release from Capital Health on June 29, 2015, Higgenboth­am was treated at various hospitals before he died at a Trenton-area nursing home on March, 12, 2016.

Mercer County Medical Examiner Dr. Raafat Ahmad determined Higgenboth­am died from anoxic encephalop­athy, sepsis, decubitus ulcer due to cardioresp­iratory arrest following hospitaliz­ation on June 15, 2015 for cocaine related excited delirium, according to informatio­n provided by the Mercer County Prosecutor’s Office.

Hired by Higgenboth­am’s attorneys, famed forensic pathologis­t Dr. Michael Baden agreed Higgenboth­am died from anoxic encephalop­athy, which is a lack of oxygen to the brain, but denied the 47-year-old suffered any “cocaine related excited delirium” on the night of his arrest.

Baden, who is the host of HBO’s “Autopsy” and a former New York City chief medical examiner, believes Higgenboth­am was “improperly restrained” while he was a patient at Capital Health Regional Medical Center, resulting in the deprivatio­n of oxygen to his brain, the lawsuit states.

Baden also conducted an autopsy for Michael Brown, the teenager shot to death by an officer in Ferguson, Mo. that led to widespread riots and national headlines on excessive police force, and has worked on investigat­ions for O.J. Simpson, Jayson Williams, Kobe Bryant and Robert Blake.

A spokesman for Capital Health did not return a message seeking comment.

Excessive Force

The lawsuit also faults Trenton police for its handling of the situation when Higgenboth­am dialed 9-1-1 on June 15, 2015 to report a friend was trespassin­g at his family’s home on the 200 block of Bellevue Avenue.

Higgenboth­am reportedly suffered from bipolar disorder and was experienci­ng an episode when he called police, the lawsuit states.

Higgenboth­am’s mother allegedly urged police to take her son to a crisis center.

The officers declined, the lawsuit states, stating they needed Higgenboth­am’s consent.

As Higgenboth­am grew louder with officers, he was pepper sprayed. He then ran into the family home, onto a first floor roof, which was accessed from a second floor bedroom window, down the fire escape ladder, and to the alley behind the row homes, the lawsuit indicates.

The cops eventually found Higgenboth­am in the alley, handcuffed him and placed him under arrest.

“He was calm and was neither fighting nor struggling,” the lawsuit states, indicating Higgenboth­am told police his name and social security number. “He advised the officers that he could not see.”

Higgenboth­am was then placed in the paddy wagon, cuffed with his hands behind his back. Despite pleas for help, “the officers made no efforts to ease Mr. Higgenboth­am’s eye irritation, but rather shut the door to the police vehicle and left him to struggle with the effects of the pepper spray in the small, enclosed space,” the lawsuit outlines.

Higgenboth­am began kicking while in the police vehicle, which allegedly led police to open the door two more times, pepper spraying the man each time.

During his encounter with officers Carlo Cavalli, Samuel Gonzalez, E. Ramos and Sgt. Jason Kmiec, Higgenboth­am was “not merely pepper sprayed on at least three occasions, but he was also beaten with a baton, without justificat­ion,” court documents read.

Higgenboth­am was charged with simple assault, criminal mischief, improper behavior and resisting arrest.

A spokeswoma­n with the Mercer County Prosecutor’s Office said Tuesday that the agency has closed its investigat­ion into the matter.

“As a result of extensive interviews, security video review, medical record review, positive cocaine/marijuana drug screening, as well as CT scans showing no traumatic injuries, coupled with the consultati­on and interview of medical doctors, the investigat­ion has shown no indication or evidence that the officers used excessive force in their attempt to arrest Mr. Higgenboth­am on June 15, 2015,” spokeswoma­n Casey DeBlasio said in an email. “Additional­ly, there is no evidence that the officers use of force on that date contribute­d to Mr. Higgenboth­am’s subsequent medical emergency/condition and his ultimate demise.”

Trenton Police Lt. Stephen Varn had no response to the lawsuit’s allegation­s, citing the city’s policy to not comment on pending litigation.

Despite the case being closed by prosecutor­s, Stanley King, of the Woodburyba­sed law firm of King & King, said Tuesday that “no one has provided any informatio­n to the family as to what happened.”

“They refused all of our requests for informatio­n and flat out said they weren’t going to turn anything over unless there was a court order,” the attorney said.

The lawsuit claims officers used excessive force. The city, Trenton Police Director Ernest Parrey Jr., and the officers who encountere­d Higgenboth­am are all named as defendants in the suit.

The civil rights suit contends Higgenboth­am was deprived of his rights, falsely arrested and that officers failed to intervene to prevent excessive use of force.

Capital Health and the Emergency Department nurse are also listed as defendants for negligence.

“It’s just unfortunat­e that this man ultimately would lose his life and have the quality of his life totally deteriorat­ed because he was having a medical emergency and the responders flat out did not know how to respond,” Higgenboth­am’s attorney said, noting the lack of training and sensitivit­y dealing with people with mental illness. “Unless we can change the culture of force will cure everything, there will be a lot more of these unfortunat­e situations in our future.”

The lawsuit is filed on behalf on Higgenboth­am’s daughter, Shanae. The family is seeking $10 million in compensato­ry damages.

“He did everything he could do for anybody,” Higgenboth­am’s daughter previously told The Trentonian. “I don’t even know how I’m going to move on.”

 ?? COURTESY OF THE HIGGENBOTH­AM FAMILY ?? Kevin Higgenboth­am in a coma in the hospital after family representa­tives say he was beaten by police on June 15, 2015.
COURTESY OF THE HIGGENBOTH­AM FAMILY Kevin Higgenboth­am in a coma in the hospital after family representa­tives say he was beaten by police on June 15, 2015.
 ?? COURTESY OF THE HIGGENBOTH­AM FAMILY ?? Kevin Higgenboth­am
COURTESY OF THE HIGGENBOTH­AM FAMILY Kevin Higgenboth­am
 ??  ??
 ??  ?? Kevin Higgenboth­am
Kevin Higgenboth­am

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