Lawsuit Filed Over Jailhouse Death Widow Claims Hostile Treatment Caused Husband’s 1995 Death

Sat., March 15, 1997

By Kristina Johnson kristinaj@spokesman.com

The wife of a man who died in jail two years ago has filed a “wrongful death” lawsuit against the city and county of Spokane seeking unspecified damages.

Tina Lozada alleges in court documents filed Wednesday that her husband, Mario Lozada, died after being “handcuffed, beaten and … treated in an unconstitutionally hostile manner” by Spokane police and sheriff’s deputies.

Lozada, 28, died Sept. 3, 1995, in a jail cell - less than 10 minutes after he was put in a nylon belt that strapped his arms to his side.

Before being arrested, Lozada fought with Spokane police officers when they showed up at the West Central apartment building where he was partying.

Lozada was high on methamphetamine, but the doctor who performed the autopsy ruled out a drug overdose and concluded Lozada died because of “restraint asphyxiation.”

Forensic pathologist George Lindholm said Lozada died accidentally because of both the way he was restrained and the drugs in his system.

“The force used by officers against Mr. Lozada was reasonable and necessary under the circumstances, and any injuries or damages allegedly suffered by him were … caused by his own acts,” said Rocky Treppiedi, an assistant city attorney, in a letter sent to Tina Lozada’s attorney Carl Maxey more than a year ago.

Treppiedi said Friday the city and county are “prepared to defend the officers on every allegation.”

Maxey declined to comment on the lawsuit, saying he would prove his case at trial.

, DataTimes

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