An Indianapolis family hopes their legal action sends a strong message about the use of force by IMPD officers. Their attorney talked with 13News about a civil lawsuit filed on behalf of Paul Daniels.
"They used more force than they needed to," attorney Craig Karpe said.
Karpe blames improper training of officers for Daniels' 2018 death.
"They basically pushed him to the ground until he stopped breathing and it's about proper training for police, dealing with folks that have mental handicaps," said Craig Karpe.
Karpe said Daniels' mental handicap stemmed from a brutal attack in 1971 when he was a college freshman. The suspect's convictions made headlines and so did the attack which left Daniels with a brain injury. In September 2018, Paul wandered away from home. A driver on the northwest side of Indianapolis spotted him and called 911.
Daniels, who reportedly didn't like being touched after the 1971 attack, reportedly resisted the first officer on the scene, sparking a struggle.
Karpe insisted the lawsuit is more than just about punitive damages, but that it also sends the message that all law enforcement officers need better training when it comes how to safely subdue people in Daniels' condition. The lawsuit also asks that the City of Indianapolis and IMPD be responsible for attorney fees and other compensatory damages along with other losses suffered by the Daniels family.
However, Karpe hopes the lawsuit will raise awareness and create better and safer arrest techniques for law enforcement, whom he mentioned having great respect for as they serve and protect the community.
"This is about better training, how to subdue and so much more," said Craig Karpe, “and the fact that people can smother to death in that position, which is what happened here. It's called positional asphyxia," Karpe added.
In an email from the IMPD, a spokesperson said the department doesn't comment on open lawsuits during litigation.
In the past couple of years, IMPD started working closer with social service agencies to better address mental health situations.