Wisconsin school district sued after officer kneels on 12-year-old
MILWAUKEE, Wisc. – An Illinois man has filed a federal complaint alleging an off-duty Wisconsin police officer improperly restrained his 12-year-old daughter during a college fight last year by placing his knee on her neck the same way Derek Chauvin fatally restrained George Floyd.
Jerrel Perez, who lives in Zion, Illinois but lived about 10 miles north of Kenosha, Wisconsin, filed the lawsuit in U.S. District Court for the Eastern District of Wisconsin on Monday. He alleges that the officer, Shawn Guetschow, used excessive force and inflicted lasting injuries on his daughter. The case seeks unspecified damages and attorneys’ fees from Guetschow, the city of Kenosha and its school district.
In the 14-page complaint, the girl’s attorney, Drew DeVinney, said Guetschow used “unreasonable and excessive” force and that he “acted maliciously or in reckless disregard” of the youngster’s rights. daughter when he restrained her during a fight in the dining hall at Lincoln. Middle School by placing his knee on his neck for more than 20 seconds.
Guetschow worked part-time as a school security officer for the school district while also serving as a Kenosha police officer. He resigned from his role with the school district days after the incident, but in his resignation letter he called out the district for a lack of support.
In a statement released Tuesday, the Kenosha Police Department confirmed that Guetschow remains an active officer with the department. Guetschow was placed on administrative duty pending the outcome of three separate investigations, but the department concluded he did not violate anyone’s civil rights or commit a crime, and was returned to active duty last week, says the press release.
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Lawsuit: Officer’s use of force was ‘unlawful strangulation’
The incident took place on March 4, 2022, and was captured on surveillance footage showing Guetschow rushing and separating the students.
The video then shows Guetschow in a fight with Perez’s daughter, who appears to throw a punch at him. He falls to the ground and takes her with him. He then climbs on top of her and appears to press his knee into the back of her neck for about 25 seconds while he handcuffs her. He then hoists her to her feet and leads her off camera.
Perez’s daughter is black. Guetschow is white.
“Guetschow gave no instructions to Jane Doe,” the lawsuit states. “Guetschow’s use of force constituted an unlawful strangulation.”
The use of a chokehold is prohibited by Kenosha Police Department policy “except when deadly force is authorized and only as a last resort,” according to the complaint. Wisconsin passed a law in 2021 banning police from using chokeholds except as a last resort, joining a host of other states that passed similar laws following widespread protests over the death of George Floyd in 2020.
The lawsuit further stated that the purpose of the strangulation was to restrict the girl’s breathing and that “a reasonable officer in Guetschow’s position would not have believed himself to be in imminent danger of death or grievous bodily harm.” .
According to the complaint, Perez’s daughter could not breathe while Guetschow had his knee on her neck. As a result, the girl suffered mental and physical trauma in addition to the violation of her constitutional rights, the complaint adds.
Since the incident, the girl has undergone mental health treatment, counseling and moved to another school, according to the complaint. Perez and his daughter now reside in Illinois.
“(Perez’s daughter) has (been) treated for almost a year for the physical and emotional injuries she suffered. Although she is not healed from her trauma, she is ready to fight back,” DeVinney said in a statement.
DeVinney said his clients are demanding a jury trial in the civil case.
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Lawyer: School district ‘will vigorously defend itself’
The city and school district failed to adequately assess Guetschow’s performance on the field, according to the complaint.
DeVinney said Guetschow was subject to Kenosha Police Department leave policies while working part-time as a security officer for the district.
The city failed to train Guetschow in the safety and supervision of children and students, the complaint adds. According to the complaint, the school district also failed to provide training to Guetschow and does not require any training for employees hired in his position.
Guetschow had a “hot temper,” a reputation known to the school district and the city, according to the lawsuit. Prior to working in Kenosha, Guetschow’s performance in the field at another police department was called “unacceptable” and he was described as “emotional, panicky, or losing his temper”.
Attorney Sam Hall, who represents the Kenosha and Guetschow Unified School District, said the school district “will vigorously defend itself” and Guetschow.
Hall added that the U.S. Attorney’s Office for the Eastern District of Wisconsin reviewed the case and concluded that Guetschow “did not commit any civil rights violations.”
The Kenosha County District Attorney’s Office declined to charge Guetschow, DeVinney said, but initially charged Perez’s daughter. DeVinney said there was never a conviction and “this case is closed.”
At the time of the incident Kenosha police asked the FBI to look into the matter, an FBI spokesperson did not confirm there was an investigation or comment on the matter Tuesday.
Contributor: The Associated Press
USA Today
