DENVER (AP) – The family of a Denver jail inmate who suffocated while being restrained during a psychotic episode plans to sue the city, alleging excessive force and a possible cover-up.

Lawyers for Michael Marshall’s family filed a notice of their plans Tuesday, a step required by state law in lawsuits against the government.

Image from the Michael Marshall encounter (credit: Denver Sheriff Daepartment)

Image from the Michael Marshall encounter (credit: Denver Sheriff Daepartment)

City officials said they couldn’t comment on pending litigation.

Marshall choked on his own vomit during the November 2015 incident. The district attorney decided in January not to prosecute the six deputies involved, saying Marshall had become aggressive and the deputies weren’t trying to hurt him.

Michael Marshall (credit: Denver Sheriff)

Michael Marshall (credit: Denver Sheriff)

The 50-year-old Marshall weighed 112 pounds.

The case comes nearly two years after a jury awarded a record $4.65 million to the family of another inmate who died in the jail in 2010.

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