Ex-NFL player Doug Martin’s family sue Oakland police, allege restraint asphyxia in fatal mental health crisis

In the suit, the late NFL star’s parents claim police played a role in the 36-year-old’s death and allege paramedics failed to respond quickly enough to calls for medical care. Martin’s parents, Leslie and Douglas, filed the lawsuit Tuesday in U.S. District Court for the Northern District of California.
The suit states the plaintiffs believe Martin died from restraint asphyxia, which they allege was “caused by Oakland police officers and the FALCK NORCAL paramedics’ failure to provide timely medical care.” He was later pronounced dead at a hospital.
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Leslie called paramedics in response to her son having a mental-health crisis on Oct. 18. Martin then fled and hid in a neighbor’s house two doors away, where the Oakland Police Department found him in the basement, according to the suit.
According to the suit, Leslie called paramedics Oct. 18 after her son began experiencing a mental-health crisis. Martin then left the home and hid in a neighbor’s house. Oakland police later located him in the basement. Furthermore, the lawsuit says law enforcement officers physically restrained Martin and placed him “face down while one or more officers pressed on his back.” When officers turned Martin on his side, he was unresponsive, at which point the suit alleges that the officers thought he was “sleeping or pretending to be asleep.”
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The lawsuit also alleges law enforcement restrained Martin, placed him “face down while one or more officers pressed on his back,” and later found him unresponsive after turning him on his side. Officers believed Martin was “sleeping or pretending to be asleep,” the suit continued. It also alleges that at least one officer requested medical assistance while Martin was still unresponsive.
The Martin family alleges the response was not immediate enough, claiming Falck Northern California paramedics arrived about 15 minutes after the call for service was made, per the suit. “When they arrived,” the suit says, they “did not promptly provide medical care.”
“They just want to know what happened,” John Burris, a lawyer representing the family, told The Athletic. “Here’s a situation where the mother was calling for help. He was emotionally out of it, and she was calling for help.”
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“When you call for help and the police come, it’s not a death warrant. You don’t expect the person to die.” Burris continued. He added that an independent pathologist, who was not named, told Martin’s parents that restraint asphyxia may have been their son’s cause of death.
Martin’s parents are seeking damages, including for wrongful death, hospital and medical expenses, coroner’s fees, funeral and burial expenses, loss of support and familial relationship, among several others.
Burris noted that Martin’s mother sent her son’s brain to Boston, where the Boston University CTE Center is based, in an effort to learn whether he developed chronic traumatic encephalopathy, a disease that can be diagnosed only after death. While the pathologist told Burris that a CTE finding “really has no consequence as it relates to the cause of death,” Burris said the family is seeking a clearer picture of Martin’s brain health.
The Oakland Police Department has a policy of not publicly commenting on pending litigation. Fox News Digital was referred to the Oakland city attorney’s office, which also did not offer comment on the case. Representatives for Falck Northern California could not immediately be reached for comment.
Martin, an Oakland native, closed out his NFL career with the then-Oakland Raiders in 2018. Before that, he spent six seasons with the Tampa Bay Buccaneers, who selected him in the first round of the 2012 NFL Draft.
He received a four-game suspension in 2016 for violating the league’s substance-abuse policy. After testing positive for Adderall, Martin revealed plans to enter a treatment program.
Martin finished his NFL run with more than 5,300 rushing yards and was named to two Pro Bowl teams. He played college football at Boise State.
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