Federal Civil Rights

Restraint Asphyxia & Positional Asphyxia

“I can’t breathe” is not resistance — it is a medical emergency. When officers ignore it, people die.

How Restraint Kills

Restraint asphyxia can occur when the physical position of a restrained person interferes with adequate breathing. These cases require careful review of the restraint position, duration, medical findings, video, and applicable training materials.

The risk is heightened when officers:

  • Place a person face-down (prone) and apply weight to the back, shoulders, or neck
  • Use hobble restraint or “hogtie” positions that restrict chest expansion
  • Continue compression after the person stops actively resisting
  • Ignore statements like “I can’t breathe” or visible signs of respiratory distress
  • Fail to roll the person onto their side once handcuffed

The Constitutional Standard

Under the Fourth Amendment, force must be objectively reasonable. Whether continued prone compression or restraint violates the Constitution depends on the full record, including control status, breathing difficulty, officer knowledge, warnings, and available alternatives. For pre-trial detainees, the Fourteenth Amendment's due process clause may also apply.

What Officers Are Trained to Know

Training materials, department policies, and in-service records may address restraint positioning, medical monitoring, and positional-asphyxia risk. We review those materials against the video, witness accounts, and medical timeline.

  • CLEET Training Records: In-service training on restraint risks and positional asphyxia awareness.
  • Department Policy Manuals: Written policies on prone restraint, maximum restraint duration, and medical monitoring.
  • Prior Incidents: Use-of-force reports where similar techniques were used — evidence of a pattern or custom.

Evidence We Secure

  • Body camera and surveillance footage — frame-by-frame analysis of restraint positioning and duration.
  • Autopsy and forensic pathology — independent review of cause and manner of death.
  • Officer training records — what the officer was taught about positional asphyxia and when.
  • Dispatch and communication records — timeline of when EMS was called (or not called).

Monell Liability: The Department's Responsibility

Under Monell, we pursue municipal liability by proving a policy, custom, or failure to train that caused the death.

Evidence Preservation

Video Retention Should Be Reviewed Early

Body camera footage and jail surveillance video are subject to retention policies that vary by department and facility. Early written preservation requests can help identify and protect the records that matter.

Call (405) 759-0515

Request a Confidential Case Review

If a family member died during police restraint, in jail, or during transport, contact us to evaluate the evidence and legal options.

Restraint Death Case Review

Describe the restraint — who was involved, where it happened, and how the person died.

Start with the facts

A clear summary of what happened, who was involved, and what evidence may exist is enough to begin.

Confidential review

The firm reviews your information and responds if the matter appears to fit.

Evidence and timing

Dates, locations, records, photos, video, and witness names help us understand what may need to be preserved.

How to reach you

Tell us how to reach you and when you are available for follow-up.

Contingency-fee representation may be available. Submitting this form does not create an attorney-client relationship.

Phone Review Option

Call (405) 759-0515

Ready to Discuss Your Case?

Request an attorney review of the evidence, deadlines, insurance issues, and next preservation steps.