ORLANDO - The City of Ocoee, the Town of Windermere and five law enforcement officers face a wrongful death lawsuit in the Orange Court Circuit Court.
The complaint was filed on April 6 by plaintiff Rose Marie Celestin as next of kin and estate representative to her son, decedent Jean Samuel Celestin.
According to the plaintiff, the decedent was mentally ill and experiencing a crisis on April 11, 2019. After an altercation, 911 was called to assist in getting Celestin emergency medical attention.
Despite his need for medical attention, the defendant officers allegedly used excessive force on the decedent, including being tased multiple times and on one occasion for 20 continuous seconds, and being tackled and put into a hobble restraint.
Against Department of Justice recommendations, Celestin was allegedly left face down in a hobble restraint in the grass; as he was left, the decedent died of positional asphyxia and cardiorespiratory arrest, the suit says.
The defendants are charged with excessive force, Americans with Disabilities Act violations, Rehabilitation Act of 1973 violations, wrongful death, assault, battery, negligent hiring, retention and supervision and other civil rights violations.
The list of officers named in the suit includes: Joshua Bode, Christopher Bonner, Dominic Chiuchiarelli, Brian Harris and Griffin Hebel.
The plaintiff is represented by Emery Celli Brinckerhoff Abady Ward and Maazel LLP of Orlando.