Lawsuit filed against Colorado Springs paramedic and police officer, alleging wrongful death
A Colorado Springs police officer and a Fire Department paramedic are facing a federal lawsuit, filed Tuesday, alleging their actions constituted an excessive use of force that resulted in the death of a 62-year-old man.
The man, Kevin Dizmang, died in a hospital on Nov. 15 after an altercation with members of the Colorado Springs Police Department crisis response team after his family called 911 for a mental health crisis, fearing for his safety.
“You cannot come to a scene to help someone and end up killing them,” national civil rights attorney Harry Daniels said on the steps of Colorado Springs City Hall on Tuesday, at a news conference held to announce the filing of the lawsuit.
In body-camera footage of the incident, an officer identified in the lawsuit as Sean Reed is seen approaching a distraught Dizmang. When Dizmang refuses to sit still, Reed tries to handcuff Dizmang, who resists and becomes more agitated.
Eventually, paramedic Nicholas Fisher tackles Dizmang and places him in a headlock, purportedly at the suggestion of Reed. Shortly thereafter, Dizmang appears to fall unconscious, and does not regain consciousness even after the headlock and he is sat upright. He was taken by ambulance to a hospital, where he was later declared dead.
After a news conference, family members of Kevin Dizmang hug Tuesday on the steps of the Colorado Springs City Hall.
Dizmang’s daughter Kenda James spoke briefly at the news conference.
“It makes us feel like we should have never made a call for assistance,” she said.
The coroner’s report, also released by the attorneys, concluded that Dizmang’s death was a homicide as a result of physical force. However, the coroner’s report also concludes that Dizmang’s death was also a result of “acute methamphetamine intoxication, COPD and asthma, cardiomegaly, diaphragmatic paralysis and obesity.”
In a press release issued on Wednesday attorneys claim that the death of Kevin Dizmang in November was caused by excessive force from responding law enforcement officials, a claim which has been denied by the District Attorney’s Office. In the video released by the attorneys Dizmang can be seen in the middle of the street yelling, and officers are attempting to handcuff Dizmang as he is in the midst of a “mental health crisis,” according to Daniels. During the interaction Dizmang resists having handcuffs put on him. (Video provided by Wukela Communications on behalf of attorneys Harry Daniels and Bakari Sellers)
A spokesperson for the 4th Judicial District Attorney’s Office told The Gazette last year that the use-of-force incident was investigated by the District Attorney’s Office, and that the use of force was found to be justified.
Attorneys Daniels, Bakari Sellers and Kevin Mehr disagree. On behalf of the daughter, they are seeking compensation and punitive damages.
The lawsuit specifically calls out the use of a chokehold, which is specifically forbidden for law enforcement officers to use, let alone a nonpeace officer like Fischer.
“It’s time for a change,” Daniels said. “It’s time for the Department of Justice to come in and do a sweeping evaluation of the Colorado Springs Police Department to see exactly what the hell is going on.”
Daniels and Sellers also represent Dalvin Gadson, a Black homeless veteran who filed a civil lawsuit against Colorado Springs police alleging excessive use of force against him during a traffic stop in November 2022.
Reporter Zachary Dupont contributed to this report.
Attorneys Harry Daniels, left and Kevin Mehr flank family members of Kevin Dizmang during a news conference Tuesday on the steps of the Colorado Springs City Hall. The attorneys are bringing a lawsuit against first responders, alleging excessive force resulting in the death of Dizmang. Dizmang’s daughter, Kenda James and her mother, Linda Yutzy, hug during the news conference.
Kevin Dizmang