Attorney denies claims man died due to Greenburgh officers' actionsPosted: Updated:
An attorney representing Greenburgh police officers and a paramedic denied allegations that a Yonkers man died because of their actions.
Jonathan Maldonado, 21, died last year after a scuffle with police. A medical examiner ruled his death was due to a toxic mix of fentanyl and heroin.
The attorney responded to a $20 million wrongful death lawsuit filed by Maldonado's mother against nine police officers and one paramedic.
The lawsuit alleges Maldonado died of a heart attack caused by excessive force from officers who suspected him of shoplifting at a Hartsdale Best Buy.
The defendants' attorney asked the judge to dismiss claims of excessive force and unreasonable search and seizure because he says Maldonado's Fourth Amendment right was not violated.
Attorney Randolph McLaughlin, who is representing Maldonado's mother, says "Either there was a Fourth Amendment seizure under the Constitution or someone has rewritten the Fourth Amendment and we didn't know about it. It's shocking, it's a classic case of blaming the victim for his own death."
Randolph claims Maldonado was lifted off the ground, flung back on to the ground and Tasered at close range.
The town has until Dec. 31 to issue their response to the lawsuit.