San Diego Bar Death: Family Sues City & Police
- The family of Gabriel Jesus Garza, who died after being restrained by San Diego police officers, has filed a lawsuit against the city and the involved officers.
- According to sheriff's officials, Garza, 40, was removed from the bar for allegedly biting a security guard during a "disturbance." The lawsuit, filed in San Diego federal court,...
- The lawsuit further alleges that bystanders indicated Garza appeared to be experiencing a health or mental health crisis and required immediate medical attention.
The family of Gabriel Garza is suing San Diego and its police department following his death after a restraint outside a downtown bar. This lawsuit, alleging excessive force and a denial of medical care, stems from an incident where Garza was held in a prone position, leading to his subsequent death. The suit further claims that officers ignored signs of a potential health crisis and delayed medical attention. News Directory 3 reports on the family’s accusations that the city has withheld crucial details, based on witness accounts, and that a medical examiner ruled the death a homicide due to physical restraint. Discover what’s next in the legal battle and the implications for police accountability.
Family Files Lawsuit in San Diego Police Restraint Death Case
Updated May 29, 2025
The family of Gabriel Jesus Garza, who died after being restrained by San Diego police officers, has filed a lawsuit against the city and the involved officers. The incident occured Jan. 25 outside Star Bar in downtown San Diego.
According to sheriff’s officials, Garza, 40, was removed from the bar for allegedly biting a security guard during a “disturbance.” The lawsuit, filed in San Diego federal court, claims that officers held Garza in a prone position “until he went limp.” The family alleges the city has withheld facts regarding the circumstances surrounding Garza’s death, forcing them to rely on bystander accounts.
The lawsuit further alleges that bystanders indicated Garza appeared to be experiencing a health or mental health crisis and required immediate medical attention. It also claims a 911 dispatcher initially refused to dispatch paramedics until police deemed it necessary.
Sheriff’s Lt. Michael Krugh stated earlier this year that an officer found Garza being restrained by a security guard and another individual upon arrival at approximately 8:15 p.m. The officer handcuffed Garza, who allegedly continued to struggle physically. A second officer arrived to assist in securing Garza’s legs.
Garza subsequently became unresponsive and was transported to a hospital, where he died.
The lawsuit states a county medical examiner’s office pathologist persistent the manner of death to be homicide, citing physical restraint by the officers.
The officers involved were identified by the sheriff’s office as Noah McLemore and Jacob Phipps, both of whom had been with the San Diego Police Department for approximately four and a half years.
The Garza family’s complaint alleges that while bar security initially restrained Garza on his back, the first officer on scene flipped him onto his stomach.The complaint further alleges that Garza ”posed no danger to the officer,” and when he questioned the officer’s actions, the officer responded, “I don’t know, I just got here and you were on the ground.”
The lawsuit also faults the officers for allegedly failing to assess Garza’s breathing or check his pulse.
The lawsuit emphasizes the known dangers of prone restraint, particularly considering George Floyd’s death in minneapolis. while the san Diego Police Department banned the carotid restraint, the lawsuit claims the department failed to adequately address the risks associated with facedown restraint.
What’s next
The lawsuit is expected to proceed through the courts, with the Garza family seeking damages and demanding accountability for Gabriel Garza’s death during the San Diego police restraint.