Man suing Fairfax County police for response to near-drowning in pool

ALEXANDRIA, Va. - The Fairfax County Police Department is facing a lawsuit over their handling of a June 2016 incident at a pool.

A man who drown and nearly died at the Alexandria pool claims officers stood around for more than two minutes, watching him lose consciousness before allowing a lifeguard to go in and pull him out.

Mateusz Fijalkowski is from Poland and was placed at the complex's pool through a summer job program for international youth.

According to the complaint filed by his lawyer, Victor Glasberg, Fijalkowski has bipolar disorder. He had only been working at the pool a few days when he had a mental health crisis.

"He had started behaving in an erratic manner, yelling and screaming and blowing his whistle," explained Glasberg. "At one point, he climbed the lifeguard chair and continued yelling."

Glasberg said the incident came to a head when Fijalkowski grabbed a young woman's wrist, trying to pull her pool wristband off. That is when people were evacuated and police had to be called in.

"This isn't some wise guy kid," added Glasberg. "This is someone who is a dramatic threat to himself and potentially to others."

Fairfax County Police Chief Ed Roessler told FOX 5 his officers approached the situation with caution, trying to wait Fijalkowski out.

Fairfax County police released this statement shortly after the incident:

"His behavior appeared tense and agitated, and he did not respond to any of the officers' attempts to talk, but he never became aggressive toward them and there was no apparent indication, based on statement heard or actions observed, he intended to harm himself or others."

The report goes on to say Fijalkowski threw his cellphone into the pool multiple times, going in to retrieve it. At one point, he remained under water for about a minute before coming up and swimming to the edge of the pool.

Finally, Fijalkowski walked into the deep end and did not come back up.

Witness cellphone video shows more than 2 1/2 minutes pass before police allow a lifeguard to go in after him and resuscitate him.

According to the police report, Fijalkowski "appeared to be exhaling under water." The responding officer goes on to say he can no longer detect movement from Fijalkowski after more than a minute. That is when the lifeguard is permitted to dive in to get him.

"You let a mentally ill person drown, and now you want credit for having hauled him out after he was dead," said Glasberg.

However, police said they could not allow a lifeguard to go after Fijalkowski sooner because of the potential danger posed from his unstable behavior.

Glasberg disputes that claim.

"There were eight cops there," he added. "There is that so-called shepherd's crook, which is 12-feet-long with the rounded end. They have got all sorts of safety equipment."

Filed nearly two years after the incident, Chief Roessler calls the lawsuit frivolous.

"My officers did the right thing and they saved this young man's life," he said.

Fijalkowski is also suing American Pool, Inc., for negligence.

He is seeking more than $100,000 for medical bills and other compensation.