EL PASO, TEXAS (KFOX14/CBS4) — A federal lawsuit has been filed against the city of El Paso, the El Paso Police Department, and responding officers, raising concerns about the department’s handling of mental health crises.

The family of 30-year-old Xavier Hernandez alleges the El Paso Police Department’s Crisis Intervention Team — known as CIT — is under-funded, understaffed, and not deployed often enough to effectively respond to mental health emergencies.

The lawsuit claims those shortcomings contributed to Hernandez’s death.

Attorney Robert Melendez, representing Hernandez’s family, stated, “Xavier should have been met by a member of the crisis intervention team, but city leaders have chosen to undervalue, underfund and understaff that team.”

According to investigators, Hernandez was involved in a confrontation with police last July after attempting to jump a barrier along I-10 near Yarbrough.

Police say Hernandez became uncooperative and resisted commands.

Police say a taser was deployed but was ineffective.

Officers, along with a witness, restrained Hernandez, who later became unresponsive.

Julia Spencer reports on federal lawsuit questions CIT program (Credit: KFOX14)

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At the center of the lawsuit is EPPD’s Crisis Intervention Team, a program designed to help officers safely respond to calls involving individuals experiencing mental health crises through specialized training and de-escalation techniques.

The lawsuit alleges that the CIT program has never had more than 22 officers assigned and that only 50% of mental health crisis responses involve a CIT member.

KFOX14/CBS4 questioned El Paso Police Chief Peter Pacillas during a public event Tuesday regarding staffing challenges for the program, saying, “We lost some officers, and people didn’t want to apply. So now we’re trying to commit to that. City council, the representatives are committed to that. We’re committed to training, getting more officers on the department.”

When asked how many officers are currently assigned to the Crisis Intervention Team, Pacillas said there are 14 out of about 1,000 active-duty officers and stated, “All officers are trained on mental health.”

The lawsuit also claims that officers outside the CIT unit receive no mental health crisis training.

Melendez criticized the department’s approach, saying, “It’s outrageous especially when we talk about not to try and de-escalate the situation.”

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Chief Pacillas stated each El Paso police officer receives beyond the necessary training, asserting that El Paso officers are trained “above and beyond what is required by the state.”

However, he noted that the CIT is not operational 24/7.

KFOX14/CBS4 questioned The El Paso Police Department regarding the lawsuit however declined to comment on the lawsuit due to ongoing litigation.

Read the full lawsuit below:

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