BOSTON (AP) — The family of a New Bedford man who died in police custody has filed a wrongful death lawsuit against five city officers for allegedly failing to get proper medical help for the man.

The suit filed Tuesday in federal court in Boston says 42-year-old Erik Aguilar was left face down in a convenience store parking lot with his hands cuffed behind his back in July 2010. The suit says Aguilar was on the ground for 13 minutes during which he stopped breathing and his heart stopped. The suit alleges police waited four minutes after learning Aguilar had no pulse before administering CPR.

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An independent investigation found Aguilar died from drug and alcohol intoxication.

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New Bedford Mayor Jon Mitchell declined to immediately respond to the lawsuit’s specifics, but said the city “takes very seriously the matters raised.”

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