CIVIL RIGHTS CASE Family sues officials in Cincinnati over death

Nathaniel Jones died last Nov. 30 in a struggle with police.
CINCINNATI (AP) -- The family of a black man who died during a videotaped fight with police last year sued Cincinnati, city officials, police and firefighters Friday, accusing them of violating the victim's civil rights.
The Nov. 30 struggle, taped by a police car camera that officers activated before approaching Nathaniel Jones, prompted an investigation by the Hamilton County prosecutor, who cleared the officers of any wrongdoing.
Prosecutor Michael Allen concluded in March that officers were lawfully defending themselves when Jones, 41, began swinging at them as they tried to handcuff him in the parking lot of a fast-food restaurant.
Lawsuit's allegations
The lawsuit by Bessie Jones, the victim's grandmother, alleges that Nathaniel Jones was unnecessarily struck with metal batons, suffered respiratory failure while officers lay or sat on him and wasn't immediately given resuscitation.
The defendants are accused of violating Jones' constitutional rights to due process of law and freedom from unreasonable seizure. They also are accused of negligence and wrongful death claims under state law.
The lawsuit asks for unspecified money damages, funeral and burial expenses and a court order to prevent Cincinnati from repeating the alleged constitutional violations.
Jones' family had been threatening to sue the city, which did not receive a copy of the lawsuit Friday, said J. Rita McNeil, city solicitor.
Cincinnati looks forward to presenting its case in U.S. District Court at a trial that is unlikely to occur before next year, McNeil said.
FBI investigating
The FBI has said it is investigating whether there were civil rights violations in Jones' death. The Cincinnati chapter of the National Association for the Advancement of Colored People urged federal authorities to investigate, alleging police used excessive force. The Cincinnati police union has defended the officers, saying they followed their training procedures and took appropriate steps to defend themselves.
Jones died minutes after he lunged at officers. Police had been called to the restaurant on a report that he was behaving erratically.
The county coroner ruled Jones' death a homicide but cautioned the ruling did not imply that police used excessive force. The coroner found the struggle caused the death but added that Jones' enlarged heart, obesity and drugs in his system contributed.
Watchdog's conclusion
In August, a police watchdog agency concluded that officers used excessive force, saying they could have backed off and allowed Jones time to comply with their commands. The Citizen Complaint Authority sent its conclusions to the city manager, who will decide whether the officers should be disciplined.
Cincinnati endured three nights of rioting in April 2001 after a white police officer fatally shot an unarmed black man wanted on misdemeanor charges when he ran from police. The officer was later cleared of all charges at trial. In 2002, Cincinnati signed an agreement with the Justice Department to commit to reforms including tightened guidelines on police use of force.