The parties involved include Sara E. Castillo, the mother of Gonzalez who is the plaintiff and the aforementioned defendants are also specified within the context of the civil action.
The facts in the document state that Gonzalez was stopped, arrested and charged with reckless driving, driving while intoxicated and possession of marijuana under two ounces by Officer Hernandez who according to the facts filed in this case saw the man ingest contraband, but did not verify his suspicion.
At approximately 3:50 AM, Officer Solis saw Gonzalez on the floor with seizure-like symptoms. At approximately 4:18 AM, an ambulance arrived at the Tom Bowles Detention Center to transport Gonzalez to the hospital.
At 5:20 AM Gonzalez was pronounced dead at the Fort Duncan Regional Medical Center.
The allegations go on to describe that the aforementioned parties mentioned in the lawsuit acted in "deliberate indifference" and cites "a violation of the procedural and substantive due process guarantees provided in the Fourteenth Amendment of the Constitution by the virtue of the unreasonable refusal to provide consistent and reasonable medical care...causing substantial harm, and the death of, Noe Armando Hernandez."
Sheriff Schmerber informed The News Gram that his department acted accordingly and the nurse on call was notified before the ambulance was summoned. The prisoner was taken to the hospital where he died of an apparent overdose of cocaine. The JP who pronounced Gonzalez ordered an autopsy which verifies the sheriff's statement.
The lawsuit calls for a trial by jury, and damages that exceed one million dollars, plus costs, interest, reasonable attorney fees and punitive damages allowed under the Federal Rules of Civil Procedure, but no date for said trial was given by press time and the case remains under investigation.