Complaint says the Cops who Murdered George Floyd were Trained to Use Deadly Force [Neck Restraints] in Non-Deadly Situations & “Compress veins, arteries, nerves & muscles of the neck" to KO
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According to the wrongful death complaint filed on 7/15/20 on behalf of George Floyd:
B. MPD Trains its Officers to Use Deadly Force in Non-Deadly Circumstances
86. MPD trained its officers that a “neck restraint” was an authorized form of non-deadly force, and that a “chokehold” was a form of deadly force capable of causing serious bodily injury and/or death.
87. At all times material hereto, MPD defined a “neck restraint” as “[c]ompressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck).” MPD defined a “chokehold” as “applying direct pressure on a person’s trachea or airway (front of the neck).”
88. At all times material hereto, MPD trained its officers that a proper “neck restraint” required the officer to “[c]ompress veins. arteries, nerves & muscles of the neck.”
89. Serious bodily injury and/or death is reasonably likely to result from an officer “compress[ing] a person’s veins, arteries, nerves & muscles of the neck,” regardless of whether direct pressure is applied to the front or back of the neck.
90. The use of a “neck restraint” as defined by MPD constitutes deadly force.
91. The Fourth Amendment prohibits the use of deadly force in non-deadly circumstances which do not pose an immediate threat of serious bodily injury and/or death.
92. At all times material hereto, MPD’s written policies authorized the use of a deadly “neck restraint” in non-deadly circumstances posing no immediate threat of serious bodily injury or death.
93. At all times material hereto, MPD trained its officers that use of a “neck restraint” was authorized non-deadly force which officers could use in non-deadly situations.
94. It has long been known by the law enforcement community that the use of neck restraints on subjects can lead to death.
95. However, from at least April 15, 2012 until June 8, 2020, Minneapolis Police Department Policy 5-311 defined a neck restraint as “non-deadly force” and did not warn it can cause death.
96. By policy, the MPD permitted and condoned the use of both conscious and unconscious neck restraints by its officers from at least April 15, 2012 until June 8, 2020.
97. At all times material hereto, MPD’s written policies authorized the use of a “neck restraint” in non-deadly circumstances posing no immediate threat of serious bodily injury or death.
98. The City of Minneapolis possessed data indicating that since 2012, neck restraints/holds were used by its police officers on 428 people at an average rate of about one a week.
99. Of those 428 people, 14% who were subjected to a neck restraint/hold lost consciousness.
100. Upon information and belief, MPD officers regularly used neck restraints on passively resisting arrestees despite not being permitted to do so under policy.
101. Training offered by the City of Minneapolis in 2014 and received by Chauvin and Thao authorized and instructed on the use of neck restraints by officers, presented it to
93. At all times material hereto, MPD trained its officers that use of a “neck restraint” was authorized non-deadly force which officers could use in non-deadly situations.
94. It has long been known by the law enforcement community that the use of neck restraints on subjects can lead to death.
95. However, from at least April 15, 2012 until June 8, 2020, Minneapolis Police Department Policy 5-311 defined a neck restraint as “non-deadly force” and did not warn it can cause death.
96. By policy, the MPD permitted and condoned the use of both conscious and unconscious neck restraints by its officers from at least April 15, 2012 until June 8, 2020.
97. At all times material hereto, MPD’s written policies authorized the use of a “neck restraint” in non-deadly circumstances posing no immediate threat of serious bodily injury or death.
98. The City of Minneapolis possessed data indicating that since 2012, neck restraints/holds were used by its police officers on 428 people at an average rate of about one a week.
99. Of those 428 people, 14% who were subjected to a neck restraint/hold lost consciousness.
100. Upon information and belief, MPD officers regularly used neck restraints on passively resisting arrestees despite not being permitted to do so under policy.
101. Training offered by the City of Minneapolis in 2014 and received by Chauvin and Thao authorized and instructed on the use of neck restraints by officers, presented it to
C. Prone Restraint Training by the MPD and the Death of David Smith
108. It is well known throughout the law enforcement and medical communities that holding a subject in a position of prone restraint for prolonged periods of time can be deadly.
109. Compressing an arrestee in a prone position with weight on their back and/or abdomen restricts their ability to breathe and can result in asphyxiation.
110. Deaths caused by this form of asphyxiation are often interchangeably referred to as deaths from positional, mechanical, or compression asphyxia, even if technical distinctions exist.
111. The United States Department of Justice has warned law enforcement for decades about the dangers of prone restraint and as early as 1995: “The risk of positional asphyxia is compounded when an individual with predisposing factors becomes involved in a violent struggle with an officer or officers, particularly when physical restraint includes behind-the-back handcuffing combined with placing the subject in a stomach-down position.” National Law Enforcement Technology Center, Positional Asphyxia—Sudden Death at *2 (June 1995).
112. These dangers were acknowledged in an October 18, 2012 deposition by then-MPD Chief Timothy Dolan in addition to many other high-ranking officers in the matter of Smith v. Gorman, Case No. 11-cv-3071 (SRN/JJK). [MORE]
