Family alleges McCloud was restrained face-down, repeatedly said “I can’t breathe,” and was left unresponsive before CPR began
TAMPA, Fla. (Oct. 25, 2026) –– Nationally renowned civil rights and personal injury attorney Ben Crump and attorney Dustin Herman of Spangenberg Shibley & Liber will join the family of Edward McCloud at a news conference Monday in Tampa to announce a wrongful death lawsuit against Ibis Healthcare, Inc., the crisis stabilization facility where Edward died in March.
Edward’s parents sent him to Ibis on March 8, 2026, seeking help during a mental health crisis.
According to the family’s attorneys, on March 19—the evening his parents arrived to visit—six staff members restrained Edward face-down in a seclusion room as he repeatedly said:
“I can’t breathe.”
The attorneys allege that staff later closed the door and left Edward alone and unresponsive.
More than 17 minutes passed before staff began chest compressions, according to the family’s attorneys.
Edward was pronounced dead that night.
His autopsy lists his cause of death as mechanical asphyxiation from compression of the torso.
State Investigation Followed Edward McCloud’s Death
Florida’s Agency for Health Care Administration investigated Ibis Healthcare after Edward’s death and issued an emergency moratorium preventing the facility from accepting new patients.
State records reviewed by news organizations described six staff members taking Edward into a seclusion room and restraining him in a prone, face-down position.
The records also indicated that a staff member heard raspy breathing but did not report it to a nurse, and that Edward remained face-down after becoming unresponsive.
According to the state investigation, approximately 17 minutes passed before staff began CPR.
Regulators Identified Serious Deficiencies
State investigators identified multiple concerns involving the restraint and the facility’s response.
According to records summarized by Behavioral Healthcare Network, investigators found that the facility’s policies did not permit the six-person takedown restraint that was used and that Ibis did not complete an investigation into the patient’s death before state investigators arrived.
The state also found that the death had not been reported to the Florida Department of Children and Families as required.
More recent reporting states that Florida regulators fined Ibis Healthcare $55,000 after identifying three Class I deficient practices associated with the incident.
Class I deficiencies are the most serious category of regulatory deficiencies because they involve conditions that pose an immediate threat to patient health or safety.
Family Alleges Edward Was Left Unresponsive After Restraint
The family’s attorneys allege that Edward repeatedly told staff he could not breathe while being restrained face-down.
According to regulatory records, staff members continued restraining him after his breathing became abnormal and after his body went limp.
One employee reportedly asked whether Edward was dead while he remained unresponsive.
The family’s lawsuit is expected to examine the restraint itself, staff training, monitoring, medical response, and the delay before resuscitation efforts began.
Prone Restraint Will Be Central to the Wrongful Death Case
A prone restraint places a person face down and uses physical force to restrict movement.
These restraints can create serious risks when pressure is applied to the torso or when a person’s ability to breathe is restricted.
Edward’s autopsy finding of mechanical asphyxiation from compression of the torso is expected to be a central issue in the family’s wrongful death lawsuit.
The case raises a broader legal question for families whose loved ones die while being physically restrained in psychiatric, behavioral-health, residential, or crisis-treatment facilities:
Mental Health Facility Restraint Death: When Can a Family Sue?
State Previously Blocked New Admissions
After investigating Edward’s death, Florida regulators issued an emergency moratorium preventing new admissions to the affected unit.
The order did not immediately shut the facility down but prohibited it from accepting or readmitting patients while the investigation continued.
Ibis Healthcare said at the time that it was cooperating with regulators, conducting an internal review, and reviewing its policies and procedures.
The organization described Edward’s death as a tragic loss and said it was taking personnel actions while the review was underway.
Staffing and Training May Be Examined
State records also raised questions about staff training.
According to regulatory reporting, one employee told investigators that she did not believe she had been properly trained to handle the situation and that she was afraid to raise concerns due to potential retaliation.
The wrongful death case may examine issues including:
- restraint training;
- staffing;
- supervision;
- monitoring during restraint;
- nursing assessment;
- emergency response;
- facility policies;
- reporting procedures;
- and whether staff followed accepted safety practices.
What Is Mechanical Asphyxiation?
Mechanical asphyxiation occurs when external physical forces interfere with a person’s ability to breathe.
In restraint cases, attorneys may examine whether pressure on the chest, torso, back, or other parts of the body restricted breathing.
The medical examiner’s finding in Edward’s case directly connects his death to compression of the torso, according to the family’s release.
That finding may become significant evidence in evaluating both causation and liability.
Wrongful Death Lawsuit Will Seek Accountability
The lawsuit against Ibis Healthcare is expected to focus on whether failures involving restraint practices, patient monitoring, training, supervision, and emergency response contributed to Edward’s death.
A wrongful death lawsuit involving a mental health facility can potentially examine whether the facility:
- used an unsafe restraint technique;
- failed to monitor breathing and consciousness;
- failed to respond to signs of medical distress;
- inadequately trained staff;
- failed to follow its own restraint policies;
- delayed emergency treatment;
- or otherwise failed to provide reasonable care.
Whether liability exists will ultimately depend on the evidence and applicable Florida law.
Families seeking information about potential compensation in these cases can also read:
Restraint Asphyxia Wrongful Death Lawsuit: What Damages May Be Available?
Additional information about wrongful death claims is available through Ben Crump Law’s wrongful death resources.
WHO:
Family of Edward McCloud
Attorney Ben Crump
Attorney Dustin Herman, Spangenberg Shibley & Liber
WHEN:
Monday, Oct. 26, 2026
11:30 a.m. ET
WHERE:
Center for Manifestation Church
3102 East Lake Ave.
Tampa, Florida 33610
###
MEDIA CONTACT:
ABOUT BEN CRUMP LAW
Through his work, nationally renowned civil rights and personal injury attorney Ben Crump has spearheaded a legal movement to better protect the rights of marginalized citizens. He has led landscape-changing civil rights cases and represented clients in a wide range of areas, including civil rights, personal injury, labor and employment, class actions, and more. Ben Crump Law is dedicated to holding the powerful accountable. For more information, visit bencrump.com.
