A mother has filed a federal lawsuit alleging civil rights violations following the death of her son while in police custody. Mary Louise Hurd, representing the estate of her deceased son Benjamin Nathaniel Austin, lodged the complaint against the City of Phoenix and several of its police officers on November 26, 2025, in the United States District Court for the District of Arizona. The lawsuit accuses the defendants of unlawful arrest and failure to provide adequate medical care, leading to Austin’s death.
The tragic events began on October 2, 2023, when Phoenix Police responded to a call from Kelly Ponce, who accused Austin of assault and kidnapping. Despite inconsistencies in Ponce’s statements and lack of physical evidence, Detective Jason Hamernick pursued charges against Austin. On November 29, 2023, police arrested Austin outside his home based on Hamernick’s assertion of probable cause. However, during his detention at Phoenix Police Department Headquarters, Austin was left unattended in an interview room where he later became unresponsive and died despite attempts at resuscitation.
Hurd’s lawsuit claims that her son’s Fourth Amendment rights were violated due to an unlawful arrest without probable cause. She also alleges that officers failed to provide timely medical assistance as required under the Fourteenth Amendment. The complaint highlights systemic issues within the Phoenix Police Department regarding inadequate training and policies that allegedly led to repeated violations of constitutional rights.
The plaintiff seeks compensatory damages for wrongful death and punitive damages against individual officers and the City of Phoenix. These damages aim to hold accountable those responsible for her son’s death and deter future misconduct by law enforcement officials.
Representing Mary Louise Hurd is attorney Sandra Slaton from Slaton Roebuck PLLC. The case is being overseen by Judge KML under Case No.: 2:25-cv-04442-KML.
Source: 225cv04442_Hurd_v_City_of_Phoenix_Complaint_District_Arizona.pdf