The answer is YES. In the areas of both healthcare and law enforcement, the use of restraints is often seen as a necessary last resort to ensure safety. However, when restraints are used improperly—whether through excessive force, negligence, or lack of proper oversight—the consequences can be devastating. What many people don’t realize is that both hospitals and police departments can be held legally accountable for injuries caused by the misuse of restraints.
At Sexner Injury Lawyers LLC, we have witnessed firsthand how preventable tragedies unfold when both hospitals and police fail to uphold the standard of care necessary for properly using restraints. Just recently, our legal team recently secured a $1,250,000 settlement on behalf of a grieving family whose loved one died after hospital staff failed to properly monitor her. The patient, who was known to be suicidal, was left unsupervised and ultimately used a Gait Belt—a common restraint device—to take her own life.
What Are Restraints?
Restraints can be physical (like handcuffs, straps, or bed restraints), mechanical, or even chemical (such as sedatives used to control behavior). They are typically employed in situations involving:
- Medical emergencies where a patient poses a danger to themselves or others.
- Mental health crises requiring stabilization.
- Law enforcement interventions, such as arrests or crowd control.
While restraints are legal under specific conditions, they must be used with care, proportionality, and clear justification.
What Are Some Types of Restraints Used in Hospitals?
Physical Restraints
These are devices attached to a person’s body or nearby furniture that prevent movement.
- Wrist or ankle restraints: Often soft padded straps that limit limb movement.
- Vest or jacket restraints: These secure the patient to a bed or chair, preventing them from falling or wandering off.
- Belt restraints: Used across the lap or waist to keep a patient seated or in bed.
- Mittens: Soft gloves that prevent a patient from pulling out tubes or scratching themselves.
Physical restraints are used only when necessary and are checked frequently to prevent injury or discomfort.
Mechanical Restraints
Similar to physical restraints but typically involve more structured equipment.
- These may include special chairs, bed rails, or frames designed to restrict movement in a more controlled way.
- Often used in psychiatric settings or intensive care units where monitoring is continuous.
Chemical Restraints
These involve medications used to calm or sedate a patient who might be aggressive, severely agitated, or at risk of harming themselves.
- Common drugs include antipsychotics, sedatives, or anti-anxiety medications.
- Used under careful medical supervision and usually for short durations.
Chemical restraints are never a first choice—they’re used when other interventions fail or aren’t possible.
Why Do Hospitals Use Restraints?
In certain hospital settings—particularly in emergency rooms, psychiatric units, or long-term care facilities—medical restraints are sometimes used to protect patients from harming themselves or others. These restraints can take many forms: physical devices such as wrist or ankle straps, soft ties, Gait Belts, or even specialized chairs and vests. While their proper use can be life-saving, their improper use—or failure to adequately monitor a restrained patient—can be catastrophic.
Hospitals and care facilities may use restraints in limited circumstances, such as when:
- A patient is at risk of falling or wandering unsafely
- A patient is agitated, aggressive, or a danger to themselves or others
- A patient is attempting to remove critical medical devices or tubes
When Should Hospitals Use Restraints?
Restraints should always be a last resort and used only when less restrictive interventions have failed. They must also be used in accordance with strict medical guidelines, which include:
- Ongoing assessments and frequent monitoring
- Proper documentation and physician orders
- Ensuring that the restraint is the least restrictive means possible
- Immediate removal when the patient is no longer a danger
What Happens When Hospitals Get It Wrong?
Unfortunately, not all facilities follow best practices. Patients may be:
- Left in restraints for extended periods without adequate monitoring
- Restrained in unsafe ways, increasing the risk of physical harm or emotional trauma
- Given improper or makeshift restraint devices not approved for such use
- Ignored or neglected while in distress, despite obvious warning signs
In some tragic cases, patients have suffered serious injury or death because hospital staff failed to recognize the urgency of a situation—or simply didn’t follow protocol. When staff ignores red flags and fails to perform required checks on a high-risk patient in crisis, a wrongful death may occur, such as occurred in a recent tragic case involving our law firm.
Legal Accountability in Medical Restraint Cases
When a patient is injured—or worse—due to improper use or supervision of medical restraints, this may be grounds for a medical malpractice or wrongful death lawsuit. These cases are highly fact-specific, and proving liability requires a deep understanding of both medical standards and the legal process.
At Sexner Injury Lawyers LLC, we bring decades of experience to these complex cases. Our firm has successfully pursued/investigated claims involving:
- Negligent monitoring of restrained patients
- Failure to prevent suicide or self-harm in high-risk individuals
- Use of inappropriate or dangerous restraint methods
- Violations of patient rights and safety regulations
In every case we agree to investigate, we check whether proper protocols were followed and whether the medical staff acted with the diligence required by law. We work with expert witnesses and medical consultants to determine if the standard of care was breached—and if that breach led directly to a patient’s harm or death.
What Are Some Recent Examples of Lawsuits Against Hospitals Involving Negligent Use of Restraints?
The improper use or negligent management of restraints in medical settings has led to significant patient harm, resulting in numerous lawsuits and substantial settlements. Below are several notable cases highlighting the consequences of restraint mismanagement:
Death of Irvo Otieno – $8.5 Million Settlement
In March 2023, Irvo Otieno, a 28-year-old man died while being restrained during his admission to Central State Hospital in Virginia. Surveillance footage revealed that Otieno was pinned to the floor by deputies and hospital staff for approximately 11 minutes, leading to his death by asphyxiation. This incident prompted national outrage and calls for mental health and policing reforms. Subsequently, Otieno’s family reached an $8.5 million settlement with the state and county authorities.
Death of Max Benson – Legal Actions Following Fatal Restraint
In November 2018, Max Benson, a 13-year-old autistic boy, died after being held in a prone restraint for an extended period at Guiding Hands School in California. During the restraint, Benson became unresponsive and later died from cardiac complications. This led to criminal charges against three staff members and a civil lawsuit against the school and associated school districts.
Death of Earl Moore Jr. – Murder Charges and Wrongful Death Lawsuit
In December 2022, Earl Moore Jr. died after being restrained face-down on a stretcher by paramedics in Springfield, Illinois. Moore, who was experiencing medical distress, was subjected to aggressive handling by paramedics Peggy Finley and Peter Cadigan. An autopsy ruled his death a homicide due to compressional and positional asphyxia. Both paramedics were charged with first-degree murder, and Moore’s family filed a wrongful death lawsuit against them and their employer.
Failure to Restrain Patient with Mental Illness – $1.39 Million Settlement
A patient with a history of mental confusion and self-harm was admitted to a nursing home without appropriate restraints, despite family warnings about his condition. The patient was found wandering, agitated, and eventually jumped from a fifth-story window, sustaining severe injuries. The case resulted in a $1.39 million settlement for the failure to properly restrain and supervise the patient.
Alleged Failure to Recognize and Restrain Patient – $900,000 Settlement
In Pennsylvania, a patient known to be at risk was not properly restrained or monitored, leading to an incident that resulted in harm. The defendants denied wrongdoing but agreed to a $900,000 settlement prior to trial.
Death at Bridgewater State Hospital – $3 Million Settlement
In 2009, a patient at Bridgewater State Hospital in Massachusetts died after being improperly restrained. The patient’s family was awarded $3 million in damages to settle the lawsuit. This incident led to increased scrutiny and reforms regarding the use of restraints at the facility.
These cases underscore the critical importance of proper restraint management in medical settings. Negligent use of restraints can lead to severe patient harm or death, resulting in substantial legal and financial repercussions for the institutions involved. Healthcare providers must adhere to established protocols and ensure staff are adequately trained to prevent such tragedies.
What Are Some Types of Restraints Used by Police?
Law enforcement agencies employ several types of restraints to control individuals:
Handcuffs
- The most common restraint, typically made of metal and applied to the wrists.
- Variants include zip ties or plasticuffs used in mass arrest scenarios.
Leg Restraints / Hobble Devices
- Used to prevent kicking or fleeing.
- Often connected from ankles to the waist or handcuffs (a practice known as “hogtying”).
Spit Hoods
- Mesh or fabric hoods placed over the head to prevent spitting or biting.
- Controversial due to suffocation risks, especially if the individual is already in distress.
Body Holds and Manual Restraints
- Include arm-bars, pressure holds, and prone (face-down) positioning to control movement.
- Prone restraints and choke holds can impair breathing, especially in people with larger body mass or underlying health issues.
Chemical Restraints
- Less common in policing than in mental health settings, but sometimes used during riot control (e.g., pepper spray, sedatives in rare cases).
Tasers / Electronic Control Devices (ECDs)
- Tasers used to temporarily incapacitate with electric shocks.
- Can result in falls or secondary injuries, especially in restrained individuals.
Dangers of Improper Restraint Use by Police
While restraints can be necessary for officer and public safety, improper application poses significant health risks:
- Positional Asphyxia: Occurs when a person’s position prevents them from breathing adequately. Common in prone restraints, especially if weight is applied to the back or neck.
- Compression Injuries: Pressure on the neck or chest can lead to restricted blood flow, cardiac arrest, or neurological damage.
- Circulatory Issues: Tight restraints can cause nerve damage, deep tissue bruising, or blood clots.
- Excited Delirium (controversial and not a recognized diagnosis by all medical bodies): Cited in some cases of in-custody death, often involving physical struggle, drugs, and restraint—though critics argue it’s used to deflect responsibility.
- Psychological Trauma: Beyond physical harm, improperly restrained individuals may experience long-term mental health effects, especially if force was excessive or humiliating.
Tragically, several high-profile deaths—including George Floyd (represented by an affiliated law firm of Sexner Injury Lawyers LLC)—have brought national attention to the dangers of prone restraints and overuse of force during arrest.
Legal Accountability for Police Injuries or Deaths During Restraint
When restraint or police brutality leads to injury or death, several legal pathways for accountability may come into play:
Civil Rights Claims under 42 U.S.C. § 1983
This federal statute allows individuals (or their families) to sue government officials for violating constitutional rights. Claims may include:
- Excessive Force (Fourth Amendment): Whether the level of force used was objectively reasonable under the circumstances.
- Deliberate Indifference (Eighth or Fourteenth Amendment): Applies when officials knew of and disregarded a substantial risk to health or safety.
State Law Torts
In addition to federal claims, plaintiffs may sue under state law for:
- Wrongful Death
- Negligence
- Battery / Assault
- Infliction of Emotional Distress
Some states allow for punitive damages if actions were grossly negligent or malicious.
Criminal Charges
In rare cases, officers may face criminal prosecution, including charges such as:
- Manslaughter
- Criminally negligent homicide
- Murder (if intent or extreme recklessness is found)
These charges require prosecutors to meet a high burden of proof, which often hinges on bodycam footage, eyewitness accounts, and expert medical testimony.
What Are Some Recent Examples of Lawsuits Against Police Involving Negligent Use of Restraints?
Instances of individuals being injured or killed due to negligent management of restraints by police have led to significant legal settlements and verdicts. These cases highlight the critical need for proper restraint techniques and accountability in law enforcement practices. Below are several notable examples:
Angelo Quinto Case – $7.5 Million Settlement
In December 2020, Angelo Quinto, a 30-year-old Navy veteran experiencing a mental health crisis, died after an Antioch, California, police officer knelt on his neck for nearly five minutes. Quinto lost consciousness and was pronounced dead three days later. In May 2024, his family settled a federal lawsuit against the city for $7.5 million. This case prompted reforms in Antioch, including the implementation of body cameras for officers and the creation of a mental health crisis team.
Mario Gonzalez Case – $11 Million Settlement
In April 2022, Mario Gonzalez died in Alameda, California, police custody after being restrained face down for over six minutes. The Alameda County Coroner’s Report classified his death as a homicide, citing the “physiologic stress of altercation and restraint” among other factors. In December 2023, the city of Alameda agreed to pay $11 million to Gonzalez’s son to settle the wrongful death lawsuit.
Yareni Rios Case – $8.5 Million Settlement
In September 2022, Yareni Rios was detained by Colorado police and left handcuffed in a patrol car parked on train tracks. A freight train collided with the vehicle, causing Rios to suffer multiple injuries, including a traumatic brain injury. In June 2024, she settled her lawsuit against the Platteville and Fort Lupton police departments for $8.5 million.
Shayne Sutherland Case – $6 Million Settlement
In 2020, Shayne Sutherland died after being held face down by Stockton, California, police officers. In April 2024, the city of Stockton agreed to settle a wrongful death lawsuit filed by Sutherland’s family for $6 million.
Nicholas Farah Case – $2.35 Million Settlement
In March 2019, Nicholas Farah died in a Las Vegas jail after being restrained by corrections officers. His family filed a federal excessive force, wrongful death, and negligence lawsuit, which was settled in 2021 for $2.35 million.
Tony Timpa Case – $1 Million Verdict
In August 2016, Tony Timpa died in Dallas police custody after being restrained in a prone position for approximately 14 minutes. In September 2023, a federal jury found three officers liable for his wrongful death and awarded Timpa’s son $1 million.
These cases underscore the importance of proper restraint techniques and the need for law enforcement agencies to ensure the safety and rights of individuals in their custody. They also highlight the legal and financial consequences that can arise from negligent management of restraints.
Justice and Compensation for Families
Nothing can replace the life or health of a loved one lost due to negligence. But holding the responsible parties accountable can offer both justice and financial support for families facing medical bills, funeral expenses, lost income, and emotional devastation.
Our recent $1.25 million settlement reflects the seriousness of these failures and our firm’s commitment to seeking justice for victims of preventable medical tragedies. Our other recent successes can be viewed here: Results
Talk to a Lawyer Who Understands
If you or someone you love was harmed because of the misuse of restraints, whether in a police setting or in a hospital setting, Sexner Injury Lawyers LLC is here to help. Our attorneys are compassionate, aggressive advocates with a proven track record in medical malpractice and wrongful death cases.
Call us today for a free, confidential consultation. There are no fees until we’re successful. Our offices can be reached 24 hours a day, 7 days a week at .
