Claim Filed In Phoenix Airport Death

Family Of New York Woman Who Died In Police Custody Seek $8 Million

(AP)  The family of a New York woman who died in police custody at the Phoenix airport in September filed a claim against the city Wednesday, the first step in filing a wrongful death suit.

The claim was immediately rejected by the city in a letter to lawyers for the family of Carol Anne Gotbaum, who died Sept. 28 in a police holding cell at Sky Harbor International Airport after being arrested for disorderly conduct. She was on her way by herself from New York to enter an alcohol treatment center in Tucson.

The claim, the legally required precursor to a lawsuit, seeks $8 million for Gotbaum's husband, Noah, her three children and her estate. Gotbaum's husband is the son of New York City Public Advocate Betsy Gotbaum.

"On that day, members of the Phoenix Police Department used excessive and unreasonable force on Carol, as if she was a dangerous criminal, rather than as the sick, intoxicated, and vulnerable person she was," the claim states.

An autopsy report released by the Maricopa County medical examiner's office concluded that Gotbaum accidentally hanged herself on her shackles while in the holding cell. The report said intoxication from alcohol and prescription drugs were contributing factors.

Gotbaum family attorney Michael Manning wrote in the claim that police erred by putting her alone and shackled in a holding room.

"In the process, they ignored the warning signs that their own policies, procedures and training materials told them could result in Carol's death," Manning wrote.

Police have contended that Gotbaum's death was accidental and that officers who took her into custody did nothing wrong.

Wednesday's letter from the city's legal department to Manning said the claim that police should have responded differently was wrong.

"The thrust of the Gotbaum family claim is that the City of Phoenix police officers should have been more supportive than Carol's own husband, more knowledgeable than her own family, and should somehow have known that she suffered from a private condition that she deliberately hid from the public," said the letter signed by attorney Stephen Craig.

"But the Gotbaum family has publicly admitted, not only that Carol hid her medical and mental condition, but that the officers responded to Carol exactly the way her husband knew they would respond because they did not have critical information known only to the Gotbaum family," the letter continued.

The city letter included transcripts of phone calls Noah Gotbaum made to the airport the afternoon of his wife's death, telling officials he was concerned about her whereabouts because she was depressed and suicidal.

The Phoenix Police Department will probably refuse settling in any way, said Sgt. Andy Hill, a spokesman for the agency.

"The promise that was made to the police officers involved by the city legal unit when this all began was if those actions by those officers were justified and were professional, that they would go to the furthest extent possible to protect those officers," Hill said. "That is what's happening today."

[mollydtt]

I don''t need to know the laws of Arizona to still think that sending a "loved" member of the family alone to rehab, with a pretty high risk of a ballistic meltdown--in an airplane or airport where that sort of thing is not tolerated--that''s a recipe for disaster. This claim should be thrown out, period.

[shanev137]

Wow SMITTY448...your hatred for an entire state is pretty amusing.

I''ve never seen someone hate an entire state that much before. I suppose you hate Flagstaff and Show Low too because it doesn''t get up to 125 degrees there. hahahaha

With all that anger, I''m gonna guess that you''re a tweeker who had to do some time in tent city or something.

[grammawhamma]

Gee, who didn''t see this law suit coming! The case should be thrown out and in my opinion Mrs. Gotbaum''s husband should be held accountable for desertion of his unstable wife which ultimately led to her untimely death. She would not have died at the airport if she would have been accompanied by a friend or family member. (I wouldn''t be surprised if he had a woman on the side before his wife died.)

[smitty448]

USBrit must be another dumb Limey who thinks Arizona is some kind of vacation spot

[usbrit-2009]

Still say the best way to treat frivolous lawsuits like this is the have the loser pay all costs - that will take the frivolity out of law.

Just a quick note to demslie - I offer you up as the experimental subject to see if you can strangle yourself with a pair of hand-cuffs. In your case I sincerely hope you can.

[smitty448]

ARIZONA IS THE LAUGHING STOCK OF OUR COUNTRY. WHAT KIND OF MORONS LIVE WHERE THERE IS NO VEGETATION, WATER, NO CULTURE TO SPEAK OF, AND 125 DEGREES IN THE SHADE. THE ARIZONA TOURISM BOARD SHOULD ADVERTISE WITH A NEW SLOGAN: ARIZONA. COME LAUGH AT US.

[smitty448]

THE MARIPOSA COUNTY - ARIZONA DISTRICT ATTORNEY JAILS PEOPLE FOR BEING ILL. BUT HE SHOULD BE JAILED FOR THE CRIMINAL HE IS.

[smitty448]

ARIZONA IS THE LAUGHING STOCK OF OUR COUNTRY. WHAT KIND OF MORONS LIVE WHERE THERE IS NO VEGETATION, WATER, NO CULTURE TO SPEAK OF, AND 125 DEGREES IN THE SHAD. HE ARIZONA TOURISM BOARD SHOULD ADVERTISE: ARIZONA. COME LAUGH AT US.

[smitty448]

The post by mollydtt shows she knows nothing about Arizona. Read more news stories about law enforcement in Arizona and you won''t need to look far for the sadistic, inhumane, idiots who work in Arizona law enforcemnt. The moron District Attorney for Mariposa County, Arizona filed charges against a Tuberculosis patient for not wearing a mask in public. This same imbecile DA held this poor man for over a year without charging him. The moron Arizona people treated him like any other inmate and almost killed him by denying treatment. Thank God he was able to get to Denver for treatment. This sick TB patient has fled the country because his civil rights were violated by Arizona - Mariposa county District Attorney who himself should be jailed as the criminal he is.

[bhrater-2009]

So let me get this right, the suicidal, drugged up wife and mother is going to rehab with no family member or even a friend to make sure she gets there ok.
And now they want to be paid for their negligence. Shame on them!!

[bhrater-2009]

So let me get this right, the suicidal, drugged up wife and mother is going to rehab with no family member or even a friend to make sure she gets there ok.
And now they want to be paid for their negligence. Shame on them!!

[mollydtt]

This "loving" family should have accompanied her on her trip. I''m sorry that she died. She deserved some help, but from her family, not from strangers that couldn''t have possibly known what her situation was. I have no respect for their "claim".

[smitty448]

Arizona is a laughing stock. Arizona is an embarrassment to our great nation. Arizona needs to dry up. Arizona lacks moral people to run their government. And Arizona law enforcement is as parched for human beings as is the ugly, deadly, vicious climate they live in: Arizona.

[smitty448]

Arizona is a laughing stock. Arizona is an embarrassment to our great nation. Arizona needs to dry up. Arizona lacks moral people to run their government. And Arizona law enforcement is as parched for human beings as is the ugly, deadly, vicious climate they live in: Arzona.

[smitty448]

Arizona is a laughing stock. Arizona is an embarrassment to our great nation. Arizona needs to dry up. Arizona lacks moral people to run their government. And Arizona law enforcement is as parched for human beings as is the ugly, deadly, vicious climate they live in: Arzona.

[ja4vr]

Give me a break! This is just another story of people trying to profit from someone else''s stupidity. And by stupidity I mean the woman!!! There was no way the police would have known she had a problem and they treated her the same way they would have treated anybody acting in that manner. I hope the family gets NOTHING!

[bm6005]

Thanks so much Democrats for making poor Americans pay rich Democrats.
Posted by demslie

So what you''re saying is that all lawyers are democrats? Let''s see a breakdown of that statement MORON!!! Get off your partisan horse you idiot, all lawyers are scum regardless of party,but you''re the idiot who ties party to profession!!

[mjvw2]

IT''S GEORGE BUSH''S FAULT!!

[shanev137]

Thank god she didn''t have her little hissy on the plane.

-----------

Could you imagine?

[shanev137]

I don''t think this dog is going to hunt. You don''t knowingly put a drunk, whacked-out, mental-case on an airplane and expect nothing to happen. What was the family thinking letting her travel alone?

Funny how she wasn''t worth a hill of beans of beans to them when she left, but now she''s worth $8 Million.

Give me a gold-digging break.

Hopefully the Got-Bomb family will be countersued for trying to cash in on their own negligence.