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The mother of a Kailua man who died after being restrained by police has filed suit against two officers claiming they violated his constitutional rights. Lawsuit filed over
man who died while
police restrained himStar-Bulletin staff
June J. Niizuma asked for unspecified damages for the March 19, 1999 death of her son Derek M. Sumida in the suit filed Monday in U.S. District Court by attorneys Eric A. Seitz and Lawrence I. Kawasaki.
The suit claims that an autopsy determined that Sumida, 29, "died as a result of asphyxia due to neck restraint by police officers."
Niizuma named officers Michael Brede Jr. and Ronald Chow and the city and county of Honolulu, as well as other unnamed officers, as defendants.
Police told the Star-Bulletin after the incident that the patrol officers were called to stand by while the mother talked to her son at an Akaakoa Street home on that date. While they talked, the son pushed his mother, and the officers intervened, according to the report.
In the suit, Niizuma said she had moved from the Kailua residence because of conflicts related to her son's drug use. She said she sought police assistance for the meeting "because of his comments about wanting to hurt" her.
The suit claims that after Sumida "touched his mother lightly under the chin with his finger" an officer sprayed him with Mace and scuffled with him.
He was taken by ambulance to Castle Medical Center, where he was pronounced dead.