A lawsuit filed by relatives of Earl McNeil, who died in June after a struggle with National City police, sparking weeks of protests, accuses officers of excessive force and failing to provide “critically needed” medical care.

The suit claims these violations, and others, were fueled in part by “unconstitutional policies and practices,” including those that govern force and emergency medical care. It also accuses National City police leaders of failing to effectively discipline officers who violate the constitutional rights of others, creating a culture that excuses such behavior.

The lawsuit, filed March 20 on behalf of Taneka Ellis McNeil, McNeil’s widow, and two other family members, names National City, former National City police Chief Manuel Rodriguez and a number of National City police officers and deputies as defendants.

The family is seeking unspecific damages.


The San Diego County Sheriff’s Department declined to comment due to pending litigation. National City did not respond immediately to requests for comment.

McNeil died June 11, about two weeks after he got into an altercation with officers outside police headquarters. The 40-year-old showed up about 5:30 a.m. saying he wanted to turn himself in on a warrant, the lawsuit. He also claimed he wanted to kill Jesus and stated that he was high, authorities have said.

Officers who first approached McNeil placed him in handcuffs, and, when he began to struggle, they detained him on suspicion of being under the influence of a controlled substance. A small bag of methamphetamine was later found in his front pocket.

Officers then wrestled McNeil to the ground and placed him in a device called The WRAP. The restraint system uses a stiff blanket to immobilize a person’s legs, and a strap between the chest and ankles to keep a person upright and breathing.


McNeil was in the device for nearly two hours, and also had a two spit socks placed over his head to keep him from spitting on officers. For more than half that time he was in the back of a police vehicle — alone, but monitored periodically by police, authorities said.

Eventually he was taken to county jail, but a nurse declined to book him. An ambulance was called to take him for a medical and psychological evaluation, but just after the ambulance arrived McNeil stopped breathing.

While paramedics were able to resuscitate him and get him to a hospital, he never regained consciousness. His family terminated life support two weeks later.

McNeil died of brain damage caused by respiratory arrest, according to his autopsy. The county Medical Examiner’s Office stated that several conditions could have contributed to his death, which was declared a homicide, including the methamphetamine in his system and the use of The WRAP and the two spit socks.


The lawsuit contends McNeil should not have been restrained in the first place. It also claims that after he was restrained, there were many signs that he required “immediate medical aid.”

McNeil repeatedly made statements about being unable to breathe and that officers were “killing him,” according to lawsuit. He also shouted for help multiple times and appeared to have seizures.

The lawsuit also notes that officers were either improperly trained or failed to properly use The Wrap. The suit contents that McNeil had exhibited several conditions that require immediate medical treatment, according to the restraint system’s application manual, including respiratory distress, suspected drug behavior and sweating profusely.

"(The defendants) did not timely summon medical care or permit medical personnel to treat (McNeil.) This delay of medical care to (McNeil) caused (him) suffering, extreme physical pain and emotional pain and was a substantial cause of (McNeil’s) death and violation of his civil rights,” the lawsuit states.


In September, District Attorney Summer Stephan announced that no National City officers, nor a handful of San Diego County sheriff’s deputies who were at the jail when McNeil stopped breathing, would face charges in connection with his death. Stephan concluded that McNeil’s death was not “the direct, natural and probable consequence” of actions by the officers or deputies in their encounters with him.