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Family Of Man Who Died In Police Custody Sues City

CHICAGO (CBS) -- The family of a 24-year-old man who died last year in police custody has filed a lawsuit against the city to get his arrest video released.

"We filed the lawsuit not for the money, because we're don't care about the money, because it will never bring my brother back," said Janet Godinez, whose brother, Heriberto, died in police custody on July 20, 2015.

The family said they have heard from people who were at the scene in Brighton Park when Heriberto Godinez was arrested; and they claimed witnesses said he was on the ground, and a police officer had his knee against Godinez's neck.

"I filed the lawsuit to have justice for him, because if my brother had done that to an officer, my brother would've been in jail," Janet said.

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The Cook County Medical Examiner's office said an autopsy determined Heriberto died from cocaine and ethanol toxicity, and that "physical stress associated with restraint was a significant contributing factor."

Although she is seeking to force the city to release the video of her brother's arrest, Janet said she isn't prepared to see what might be her brother's final moments of life.

"No, I'm not, but I have to see it. In a way, I wouldn't want to because I just want to remember my brother the way he was, and not have to remember what I saw on the video, but I have to know what they did to him," she said.

A city law department spokesman said, "We are in the process of assembling and preparing the materials in all open cases for disclosure, and hope to complete that work within the next couple of months, if not sooner."

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