Lawsuit filed against first responders in death of man during mental health crisis
Editor’s note: This article has been edited from a previous version to reflect that Nick Fisher is no longer employed by CSFD.
(COLORADO SPRINGS) — A federal lawsuit has named a Colorado Springs Police Officer and a former paramedic with the Colorado Springs Fire Department (CSFD) in the death of a man who died after being restrained during what the lawsuit states was a mental health crisis.
63-year-old Kevin Dizmang died after being placed in a “bear hug” style hold by members of the Crisis Response Team (CRT), according to a coroner’s report.
PREVIOUS COVERAGE: No charges against Colorado Springs officer, paramedic in death of man
On Tuesday, Feb. 13, Dizmang’s family and their attorneys gathered in front of Colorado Springs City Hall to announce a federal lawsuit filed in connection with Dizmang’s death.
The lawsuit, which names CSPD officer Sean Reed and former CSFD paramedic Nick Fisher, recounts the events of Nov. 15, 2022, when Dizmang’s family called 911 to report that he was in the midst of a mental health crisis and appeared to be having a psychotic breakdown. Dizmang had a documented history with PTSD and schizophrenia and appeared to be having severe symptoms, though he had not hurt anyone, the family’s attorneys said.
The previously released body camera footage shows Dizmang wandering on and off the roadway when the CRT arrived, and Officer Reed gives repeated commands for him to put his hands behind his back, after saying “you’re not under arrest.” Following a struggle, Dizmang is forced to the ground and placed in the hold that the family’s attorneys allege killed him.
The attorneys also allege that Fisher could be heard in body camera footage “bragging and laughing” about his actions at Penrose Hospital while medical personnel conducted chest compressions on Dizmang attempting to save his life.
According to the autopsy conducted by the El Paso County Coroner’s Office, Dizmang died as a result of cardio-pulmonary arrest as a result of “physical restraint.” Other contributing factors from the coroner’s report included “acute methamphetamine intoxication, COPD and asthma, cardiomegaly, diaphragmatic paralysis, and obesity.”
“Crisis response teams are specifically designed to prevent tragedies like this,” said Harry Daniels, a civil rights attorney representing the family. “Instead they strangled a man begging for his life and laughed about it in the Emergency Room while he was dying.”
FOX21 News reached out to CSPD and CSFD for comment, which they declined, stating that they cannot comment on pending litigation. However, they referred back to a joint statement released on Feb. 15, 2023:
Anytime a community member dies, we are saddened at the loss of life. We take these events seriously and, in this case, had the Deadly Force Investigation Team, led by the El Paso County Sheriff’s Office, investigate this event. They then sent the case to the 4th Judicial District Attorney’s Office for review and determination of the reasonableness of the force that was used. This exceeds the requirement by Colorado law, but we believe it is best for transparency and honest review for our community.
All of our Community Response Team members are highly trained professionals, coming from diverse backgrounds with the goal of assisting our community members who are in crisis and need immediate intervention. The team is comprised of a Colorado Springs Police Department Officer, a Colorado Springs Fire Department Paramedic, and a Diversus Health Clinician. Unfortunately, even with all of the training and expertise on this CRT team, we can’t control every factor involved in an interaction with a community member such as the actions, underlying medical conditions and intoxication of the involved person prior to our involvement.
Joint statement by the Colorado Springs Police Department and Colorado Springs Fire Department
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