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UPDATE: According to the North Coast Journal, the trial has been moved to Jan. 10, 2011.

Over the past two years, Martin Cotton and his granddaughter (through a legal guardian) have navigated the legal rivers trying to seek recourse from both the City of Eureka and Humboldt County for the alleged wrongful death of Martin Cotton II, the 26-year-old man who allegedly fought with police and others outside of the Eureka Rescue Mission on Aug. 9, 2007 and later died while in police custody. Although claims against both agencies were dismissed, a Federal judge has agreed to bring the civil rights complaint to jury trial in Oakland. The trial begins Oct. 4.

The complaint against Eureka, Humboldt County, and a number of Eureka Police Department police and Humboldt County Jail correctional officers alleges that some or all of the parties involved violated Cotton’s civil rights, particularly his Fourth and Fourteenth Amendment rights, assaulted him, and are liable for his wrongful death while in custody. Plaintiffs are also seeking survivor damages.

The plaintiffs maintain that EPD officers who responded to the alleged altercation outside of the Eureka Rescue Mission used “unreasonable, unnecessary, and excessive force” against Cotton. The complaint further alleges that seven EPD officers proceeded to beat Cotton with their “feet, knees, nun chucks, and asp batons” about his head, torso, kidneys, and legs after he was pepper sprayed, and at some point officers placed a bag over his head. The complaint also alleges that both EPD and HCSO refused medical treatment for Cotton’s injuries, ultimately leading to his death while in jail.

Attorneys representing both Eureka and County parties responded to the complaint by saying that force was justified because Cotton allegedly resisted arrest and assaulted officers. They also argued that there is no way of knowing who caused the head wound that ultimately killed Cotton, as it could have occurred prior to police involvement or by Cotton himself once inside the jail. And in response to denying medical attention, attorneys argue that officers cannot be held liable for not diagnosing the mental health condition of Cotton, and there was no way of officers knowing the seriousness of Cotton’s medical condition when detaining him.

A total of about 60 people will testify during the trial, including officers, witnesses at the Rescue Mission, and medical experts. Plaintiffs are seeking at least $5 million in general damages, punitive and exemplary damages to each defendant, attorney fees, and any other relief deemed proper.

Humboldt County Coroners attributed blunt force trauma to the head as the official cause of death, which caused a subdural hemotoma (essentially a collection of blood between the brain and skull that places pressure on the brain). Toxicology reports also showed that Cotton was under the influence of LSD, which could have attributed to his death. What has not been officially settled in this incident is where Cotton received the head trauma that ultimately killed him.

Shortly after the incident, EPD Police Chief Garr Nielsen instituted a new medical policy calling for officers to contact medical personnel prior to booking a suspect in jail if there are any visible injuries or complaints of pain or overdose.

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