Antonio Ibañez's family held a rally Friday to announce the filing of a wrongful death lawsuit against the city and its police department.
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On March 5, officers responded to a home in 4100 block of Mission Boulevard after a 911 call was made around midnight about a man armed with an object. The caller told police that Ibañez appeared to be under the influence of drugs.
According to the family and their team of lawyers, Montclair police officers came in and used a Taser and batons to detain Ibañez.
The family claims it was "simply a call for assistance" and no one was in danger.
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"It was simply a 911 call," said Ibañez's brother Abraham Rojo during Friday's rally. "A mental wellness check ended up in a death sentence. The way he went out with the Montclair Police department ambushing him in his room ... it was inhumane and is what I call an injustice."
Police say the use of force occurred when they tried to detain Ibañez. Paramedics administered CPR and transported him to a hospital.
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The 42-year-old was on life support for days but did not survive.
"We live in a country where someone who shows the smallest amount of resistance will end up dead and we live in a country where blue lives matter more than regular lives," said Christian Contreras, an attorney for the family.
The incident remains under investigation.