The case
Case timeline & documents
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Angelica Lujan, individually, on behalf of the wrongful-death beneficiaries of Xavier Hernandez, and as Administrator of the Estate of Xavier Hernandez v. City of El Paso, Texas, et al.
United States District Court for the Western District of Texas, El Paso Division. Civil Action No. 3:26-cv-00158. Original Complaint filed January 26, 2026.
Overview
The federal civil-rights lawsuit concerns the death of Xavier Hernandez, a 30-year-old Latino man who was experiencing an apparent mental-health crisis when El Paso police responded on July 13, 2025. According to the Complaint, the El Paso County Medical Examiner determined Xavier died from asphyxia due to chest compression during law-enforcement subdual and restraint and ruled his death a homicide.
Claims
Excessive Force: the Complaint alleges officers used excessive and deadly force by Tasing Xavier, restraining him face-down, and continuing to apply pressure after he was handcuffed.
Failure to Intervene: the Complaint alleges officers who witnessed the restraint had the opportunity to intervene but failed to stop the use of force.
Municipal Liability: the Complaint alleges longstanding City and EPPD deficiencies in mental-health crisis training, de-escalation, prone restraint, and accountability.
Disability Rights: the Complaint asserts claims under the Americans with Disabilities Act and the Rehabilitation Act, alleging reasonable accommodations were not provided.
Timeline
July 13, 2025
Incident
January 26, 2026
Federal complaint filed