Lemmie's conclusion contrasts with earlier findings of an independent civilian complaint authority, which said three officers used excessive force and should face "severe discipline" in the Nov. 30 death of Nathaniel Jones.

Jones, 41, struggled violently with officers in the White Castle parking lot in North Avondale as officers tried to subdue him. The struggle was captured on police video.

An autopsy found intoxicating levels of cocaine and the drug PCP in Jones' blood. It also concluded Jones had an enlarged heart, a history of high blood pressure and, at 348 pounds, was morbidly obese. Those factors all contributed to Jones' death, along with asphyxia because he was left lying on his stomach.

"While the death of Mr. Jones is tragic, I do not believe our officers violated (Cincinnati Police Department) policy," Lemmie said in a Wednesday memorandum to the mayor and members of City Council.

Since Jones' death, Lemmie said the department made modifications to its procedures - including buying Taser stun guns and training officers in their use, requiring officers to get annual training in cardiopulmonary resuscitation, and requiring city firefighters to check with police before they leave a scene.

The Citizen Complaint Authority said officers failed to disengage Jones when they first confronted him, used excessive force in their use of batons and chemical irritant, and used improper procedure to handcuff Jones.

Lemmie said officers followed policies when they confronted Jones. She agreed that Jones should have been moved from his stomach. But she said that shows a need for more training, not discipline.

The Fraternal Order of Police, the union representing police officers, was pleased with Lemmie decision.

"This was not even a close call," said Keith Fangman, FOP vice president, said.

Complaint authority executive director Wendell France declined comment.

Rick Siegel, the complaint authority board chairman, said the city manager's job is to consider the complaint authority's findings along with reports from the police department and make a decision.

"It seemed like it's all been consistent with the system," Siegel said. "The process is set up to air the disagreements," he said.

E-mail bweathers@enquirer.com