The State of Phoenix Sued by the Gotbaums

By Ona Zachary
11:58, May 9th 2008
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Carol Anne Gotbaum is the woman who died last October in a police holding cell at Sky Harbor International Airport from Phoenix after being arrested for disorderly conduct. She was coming alone from New York and was heading to an alcohol treatment center in Tucson.

Now her family is accusing officers of excessive force and contributing to her death and has filed a lawsuit against the City of Phoenix.

“Instead of treating Carol as a mentally or physically impaired citizen, the officers immediately subjected her to excessive and unreasonable force,” the lawsuit said, according to The New York Times.

Gotbaum, the step-daughter-in-law of New York City’s public advocate, Betsy Gotbaum, strangled herself by accident while in police custody. An autopsy was performed by the Maricopa County medical examiner and concluded that Gotbaum accidentally hanged herself on her shackles. The report also indicated that the alcohol and drug prescription intoxication was a contributing factor.

Police spokesman Joel Tranter wouldn't comment on the lawsuit, but the department has previously rejected claims that it was responsible for Carol Anne Gotbaum's death, The Associated Press reports.

Although the lawsuit does not specify damages, in a notice of claim filed in March the family asked for $8.5 million.

In a response letter to the notice of claim, the city denied the accusations and blamed her husband, Noah Gotbaum, for not accompanying her, given the fact that he knew about her situation.

“Well, who left Carol alone knowing she was sick?” the letter said. “Noah did. And he now criticizes the police officers for dealing with a situation that he, as her husband, could have prevented.”



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