The estate and parents of Diego Rios have filed a federal civil rights and wrongful death lawsuit against the City of Claremont and two Claremont Police Department officers following Rios’ death after a November 2025 traffic stop.
The complaint, filed September 16, 2026, in the U.S. District Court for the Central District of California, alleges that officers Benjamin Alba and Joshua Orona used excessive force while restraining Rios. Among other claims, the family alleges that the officers applied a chokehold and placed body weight on Rios’ chest, neck, back, and upper torso while he was face-down.
These remain allegations. The defendants have not been found liable, and the lawsuit is at an early stage.
The case raises broader questions about police use of force, prone restraint, the treatment of people experiencing possible mental-health emergencies, officers’ duty to intervene, and when a fatal police encounter may support a federal civil rights claim.
What Happened to Diego Rios?
According to the City of Claremont’s account of the incident, police received two 911 calls on November 28, 2025, concerning a person who was reportedly behaving erratically and preparing to drive.
Officer Joshua Orona stopped a vehicle matching the callers’ description at approximately 3:18 p.m. Corporal Benjamin Alba also responded.
The City states that officers observed signs they believed indicated that the driver was under the influence. When they attempted to detain and handcuff Rios, a struggle occurred and the officers took him to the ground.
Rios subsequently became unresponsive. Police and Los Angeles County Fire Department personnel performed lifesaving measures before he was transported to Pomona Valley Hospital Medical Center, where he was pronounced dead.
The City later released 911 recordings, police reports, body-camera videos, security footage, and other records connected to the encounter.
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What Does the Diego Rios Lawsuit Allege?
The federal complaint was filed on behalf of Rios’ estate and his parents, Zarela Boza and Victor Rios. It names the City of Claremont, Alba, Orona, and unidentified Claremont Police Department employees as defendants.
According to the complaint, officers received information suggesting that Rios might be experiencing a mental-health crisis. The lawsuit alleges that the officers recognized signs of mental distress but did not request assistance from a mental-health professional or use less aggressive methods to manage the encounter.
The family alleges that Alba placed Rios in a chokehold before taking him to the ground. The complaint further contends that the officers applied pressure and body weight to Rios while he was restrained face-down.
The lawsuit alleges that Rios said he could not breathe and that the officers did not adequately monitor him for signs of breathing difficulty or cardiac arrest.
According to reporting by the Claremont Courier, dash-camera footage shows Alba’s knee on Rios’ back for approximately one minute and 55 seconds and Orona seated on Rios’ lower back for approximately one minute and 52 seconds. The footage reportedly shows Rios becoming unresponsive before officers began emergency measures.
The complaint alleges that the officers’ conduct caused or contributed to Rios’ death. These assertions will be subject to evidence, expert testimony, defenses, and rulings as the case proceeds.
What Did the Medical Examiner Determine?
The Los Angeles County Medical Examiner classified Rios’ manner of death as homicide.
That classification requires careful explanation.
The autopsy report lists the cause of death as cardiopulmonary arrest due to the effects of cocaine and atherosclerotic cardiovascular disease in the setting of prone physical restraint. The City’s public incident page reports that the medical examiner defines homicide in this context as death involving a volitional act by another person.
A medical examiner’s homicide classification is not the same as a finding of murder or other criminal conduct. It does not, by itself, determine whether an officer committed a crime or is civilly liable.
The medical classification identifies the circumstances surrounding the death. Criminal responsibility is determined through the criminal justice process, while civil liability is decided under the legal standards applicable to the lawsuit.
According to the September 18, 2026, Claremont Courier report, the Los Angeles County District Attorney’s Justice System Integrity Division was still reviewing the incident.
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What Civil Rights Claims Does the Family Assert?
The Diego Rios lawsuit reportedly asserts several federal and state claims, including:
- Unreasonable seizure and excessive force under the Fourth Amendment
- Failure to intervene
- Failure to provide adequate medical care
- Interference with the family’s right to familial association
- Municipal liability against the City of Claremont
- Wrongful death
The federal claims were brought under 42 U.S.C. § 1983, a federal statute that allows people to seek legal relief when a person acting under color of state law allegedly deprives them of rights protected by the Constitution or federal law.
A Section 1983 filing does not automatically establish that a constitutional violation occurred. The plaintiffs must prove the required elements of each claim.
For an excessive-force claim arising from an arrest or traffic stop, courts generally examine whether an officer’s actions were objectively reasonable under the circumstances. Relevant considerations can include the suspected offense, whether the person posed an immediate threat, whether the person was resisting or attempting to flee, the duration and type of force used, and whether officers continued using force after the person was controlled.
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Why Prone Restraint May Become a Central Issue
Prone restraint generally means holding someone face-down. It is not automatically unlawful in every situation, but the manner and duration of the restraint can become legally significant.
Questions that may arise include:
- Was Rios handcuffed or otherwise controlled when pressure was applied?
- How much pressure was placed on his back, chest, neck, or upper torso?
- How long did the restraint continue?
- Did Rios show or communicate signs of breathing difficulty?
- Did officers reposition him after he was restrained?
- Did they monitor his breathing and medical condition?
- When did officers recognize that he was unresponsive?
- How quickly was emergency medical assistance provided?
Body-camera video, dash-camera footage, dispatch recordings, police reports, medical records, the autopsy report, department policies, officer training materials, and expert testimony may all become important evidence.
The defendants may also dispute the plaintiffs’ description of the force, its medical effect, or its reasonableness. Because the medical examiner identified several factors in the cause of death, medical causation is likely to be a significant issue.
A preexisting medical condition or drug use does not automatically resolve a civil rights case. Courts must still consider whether the challenged conduct caused or contributed to the death and whether that conduct violated the applicable legal standard.
What Does the Claim Against the City Mean?
The lawsuit also asserts municipal liability against the City of Claremont.
A city is not automatically liable under Section 1983 simply because it employed an officer accused of misconduct. A plaintiff generally must connect the alleged constitutional violation to an official policy, an established custom or practice, a failure to train or supervise, or another qualifying municipal decision.
The Rios family’s municipal claim will therefore require evidence concerning Claremont’s policies, training, supervision, and practices—not only the conduct of the individual officers during this encounter.
What Happens Next in the Diego Rios Lawsuit?
The filing of a complaint begins the federal civil litigation process. It does not decide the case.
The usual next stages may include:
- Service and responses: The defendants are formally served and may answer the allegations or ask the court to dismiss some or all of the claims.
- Discovery: The parties may exchange documents, video, communications, medical evidence, training materials, policies, and other records.
- Depositions and expert review: Witnesses may testify under oath, and experts may evaluate police practices, restraint, medical causation, and damages.
- Pretrial motions: The court may be asked to decide legal issues or determine whether certain claims can proceed to trial.
- Settlement or trial: The parties may negotiate a resolution, or disputed claims may ultimately be presented to a judge or jury.
As of the Claremont Courier’s September 18 report, a City spokesperson said the City was aware of the lawsuit but had not yet been served. The City declined to comment because the incident remained under investigation.
Similar Cases Show the Importance of Evidence and Medical Causation
Ben Crump Law does not represent the Rios family in this lawsuit. The family is represented by separate counsel.
However, Ben Crump Law has represented families in other civil rights and wrongful death cases involving allegations of excessive force, restraint, failure to intervene, mental-health emergencies, and deaths in custody.
In the Charles Adair federal civil rights and wrongful death lawsuit, Ben Crump Law alleges that deputies placed Adair face-down and applied body weight to his back, restricting his breathing. The coroner determined that Adair died from complications of mechanical asphyxia and classified the manner of death as homicide.
Ben Crump Law also filed a lawsuit concerning the death of Rolin Hill. That complaint alleges that deputies beat Hill during a mental-health crisis, applied a knee to his neck, failed to intervene, and left him without adequate medical care.
In the Thomas Farley federal civil rights lawsuit, the firm alleges that police used unconstitutional force by deploying a Taser against Farley while he was on top of a fence, causing a fall that resulted in catastrophic injuries and his later death.
Each case depends on its own facts, evidence, jurisdiction, and applicable law. Prior cases do not predict the outcome of the Diego Rios lawsuit or any other legal matter.
Families May Have Legal Options After a Fatal Police Encounter
When someone dies during an encounter with law enforcement, the family may need to act quickly to preserve evidence and determine whether federal civil rights, wrongful death, or survival claims may be available.
Potential evidence may include:
- Body-camera and dash-camera recordings
- Bystander or surveillance video
- 911 calls and dispatch communications
- Police reports and use-of-force records
- Autopsy and toxicology reports
- Medical and emergency-response records
- Department policies and officer training materials
- Witness testimony
- Prior complaints or disciplinary records, when legally obtainable
Deadlines can vary depending on the jurisdiction, the defendants, and the claims involved. Claims against cities and other public entities may also involve special notice requirements.
Families seeking more information can review Ben Crump Law’s resources concerning civil rights violations and wrongful death claims.
To discuss a potential case, contact Ben Crump Law through its online case evaluation form or call 800-959-1444. Consultations are free, and there are no fees until the firm wins. Every case is evaluated based on its individual facts, evidence, deadlines, jurisdiction, and applicable law.
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