The San Francisco Chronicle reports that the City of San Leandro being sued by the mother of an by San Leandro police.
Darnell Hutchinson, 32, was acting "strange" and refusing to leave the restaurant at 1335 Washington Ave. on Oct. 9 when police were called in by employees.
Once handcuffed, police said he fell ill. Emergency medical personnel called to the scene took him to a hospital where he was pronounced dead.
A federal civil rights lawsuit was filed by Hutchinson's mother, Katherine HUtchinson on Wednesday in teh U.S. District Court in San Francisco according to the Chornicle.
It claims that the officers engaged in an "unlawful assault" and seeks unspecified damages.
An internal review by the San Leandro Police Department had previously determined that the officers had acted according to the protocols for Taser use.