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Dismissal sought in Md. theater death lawsuit

Monday - 12/23/2013, 5:30pm  ET

Associated Press

HAGERSTOWN, Md. (AP) -- Three Frederick County sheriff's deputies are asking a federal judge to dismiss a lawsuit alleging they caused a man with Down syndrome to suffocate as they tried to wrestle him out of a Frederick movie theater last January.

The motion filed Monday in U.S. District Court in Baltimore contends 26-year-old Robert Ethan Saylor contributed to his own death by refusing to leave a theater seat for which he had not paid, and then resisting arrest.

The motion says Saylor's parents also must bear the consequences of putting their son in the care of an aide who couldn't control his angry outbursts.

Saylor died of asphyxiation and suffered a fractured larynx as the off-duty deputies, working as mall security guards, tried to forcibly remove him the theater.

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