Delacruz family files wrongful death suit

Published 6:29 pm Wednesday, January 10, 2018

The family of Manuel Delacruz has filed a wrongful death lawsuit against the city of Port Arthur, its police department, officers and the Medical Center of Southeast Texas.

The civil case was filed in the U.S. District Court for the Eastern District of Texas Beaumont Division, according to the Houston law firm of Abraham, Watkins, Nichols, Sorrels, Agosto and Aziz and was announced during a Wednesday news conference in Houston.

Delacruz, 26, of Port Arthur, was an aspiring boxer and once represented Team USA in international competitions. In his early 20s he was diagnosed with schizophrenia.

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The legal complaint states the Medical Center of Southeast Texas chose not to assist Delacruz when he was brought to the hospital and his parents, Olga and Marco Delacruz, were able to obtain a court order in order for him to be checked in to the hospital. Police were sent to take control of the situation and several officers and staff at the hospital allegedly used excessive force to detain Delacruz. This ended in a scuffle and he died, the complaint says.

The family seeks punitive damages for the violations and attorney fees.

In October 2016, a Jefferson County grand jury opted not to indict three Port Arthur Police officers for the death.

An autopsy performed in Beaumont showed both cause of death and manner of death as undetermined. The autopsy also showed that Delacruz tested positive for a medication used for schizophrenia.

Delacruz was a natural-born athlete, his family shared with The Port Arthur News during a visit shortly after his death. Growing up, he was involved in Little League baseball and soccer but it was boxing that gave him the most joy. He began boxing as a teenager and was a Golden Gloves champion, taking part in competitions across the U.S.

Signs of his mental illness began to show in his late teens and what would have been a minor brush with the law back then led to his being jailed for public intoxication; he was also Tased, his family said. That incident left him with a fear of police, they said.

When family sought treatment for Delacruz he was “being rowdy” but was not aggressive. Without a mental health warrant, the family opted for emergency room treatment.

The last time the family saw Delacruz alive he seemed fine, they said, and was sitting against the bed.

The last thing Marco Antonio Delacruz, his father, said he saw was a curtain being pulled closed around his son then a scuffle, he told The News in August 2016.

According to a press release from PAPD at the time of the incident, Delacruz struggled with officers and medical staff and went into “distress,” necessitating immediate medical attention. He died at the hospital.