Nearly a year after an off-duty police officer was caught on video kneeling on a 12-year-old girl’s neck. At a Wisconsin middle school, her family has filed a lawsuit. Alleging her constitutional rights were violated.
A federal civil rights lawsuit was filed Monday in the U.S. District Court. For the Eastern District of Wisconsin. Against the city of Kenosha. And Kenosha Unified School District Officer Sean Guetscho.
The lawsuit was filed by Jerrell Perez, the victim’s father, and the student. Identified only as Jane Doe because she is a minor. The March 4 incident at Lincoln Middle School. Gateshoe, was worked by a Kenosha police officer. A school security guard, Jane Doe. And another girl in her sixth-grade class got. Into an altercation in the cafeteria, the lawsuit said.
According to school security video of the incident. He fell to the ground with Jane Doe after separating the girls. He then slammed her head into the cafeteria floor. And knelt on her neck for about half a minute before handcuffing her.
The lawsuit alleges that Guetscho used excessive. Force to arrest Doe and that the city of Kenosha. And the Kenosha Unified School District did not train him for any security guard jobs. Thus failing to prevent the incident.
TTN News has reached out to the city of Kenosha for comment.
Attorney Sam Hall, who is representing. The Kenosha Unified School District and Getshu, said in a statement. That the district will “vigorously defend” itself and Getshu in the civil suit.
Hall said the Milwaukee County District Attorney’s. Office notified the Kenosha County District Attorney last week. That it would not pursue charges against Guetshoe.
Meanwhile, the Kenosha Police Department. said there were “no civil rights violations” in Guetshoe.
Illegal chokehold
The suit alleges that Jane Doe, who moved to Kenosha. In 2021 with her father and siblings, “acted in self-defense.” And “incited by threats of bodily harm” to fight her co-worker.
At the time of the fight, Guetscho and a school counselor. were supervising the students, the lawsuit said. The counselor advised her that she believed Jane. Doe and her co-worker were going to fight and both watched as the student approached Doe.
When they reached the girls, the other student was hitting Doe, according to the lawsuit.
In the stampede, Getshu fell and Do fell with him. After the fall, he grabbed Doe by the neck and placed him on the ground in a prone position, the lawsuit said.
He “pushed his right knee into the back of Jane Doe’s neck while pushing her head on the cafeteria floor.” And issued no orders to her, it said. It’s unclear if there was any contact between the two because the video released. By the district had no audio and both Gaitsch and the student were wearing masks.
The lawsuit alleges that Guetscho’s use of force constituted an unlawful strangulation.
The lawsuit states that a responsible officer in Guetscho’s position “did not believe. That the use of the chokehold was reasonable and necessary.”
Jane Doe, according to the filing, did not resist, was unable to breathe. In the chokehold and told Guetscho she could not breathe.
Still he kept pressure on his neck.
Guetscho later told a Kenosha police officer that same day he thought a girl had punched him. The lawsuit said.
Doe suffered a traumatic brain injury, cervical strain and repeated headaches. As well as physical injuries including emotional distress, emotional trauma. And anxiety, the filing said. The incident forced him to seek counseling and change schools.
The officer had ‘short temper’, no training for the job
Guetscho had a reputation for “short temper,” the lawsuit said.
The lawsuit alleges that the city of Kenosha. And the school district inadequately evaluated. His on-field performance while serving at Lincoln Middle School.
Guetscho resigned from the school district the same month he took a knee.
He was placed on administrative leave. By Kenosha police and returned to active duty on January 31.
