Woman says Derek Chauvin kneeled on her back months before George Floyd, lawsuit says
A woman accused ex-Minneapolis police officer Derek Chauvin of kneeling on her back while she was handcuffed — before he was convicted in the death of George Floyd, according to a federal lawsuit filed May 21.
The former Minneapolis police officer is serving a 21-year prison sentence after pleading guilty to violating a federal criminal civil rights statute connected to the killing of Floyd, officials said.
Chauvin and his former partner, Ellen Jensen, are accused of using similar excessive force on a woman in January 2020 when she was arrested on suspicion of driving while impaired, according to the lawsuit.
The lawsuit also accuses the city of turning “a blind eye” to Chauvin’s alleged misconduct throughout his career.
“Sadly, my experience with Derek Chauvin is not unique. George Floyd died at the hands of this individual, and had the City intervened on his behavior after my interaction, he could still be alive today,” the woman said in a news release.
Chauvin’s attorney and the City of Minneapolis did not immediately respond to McClatchy News’ request for comment. Attorney information for Jensen was not listed in public court records as of May 22.
The woman is seeking at least $9 million in damages from Chauvin, Jensen and the city, according to court documents.
January 2020
On January 17, 2020, Patty Day had been drinking at her home and fell asleep, according to her attorneys. An alarm woke her up, reminding her to pick up her child from day care.
She started to drive in the snow before pulling over after realizing she had too much to drink, according to the lawsuit. Her van got stuck in a snowbank and she sat there, with the car on for warmth, for several hours.
A person called 911 to report a van stuck in the snow, according to the lawsuit. Chauvin and Jensen arrived close to 9 p.m.
The two officers approached Day’s vehicle and Jensen began to speak to her through the window, according to the lawsuit.
Day told the officers the van was on, but the keys were in the back, so the car could not be driven, according to the lawsuit.
Chauvin then approached the open window and unlocked the door, according to the complaint. The two officers “violently grabbed” the woman, “yanked” her from the van and threw her to the ground, the lawsuit said.
Day’s tooth broke as she hit the pavement and her arm and shoulder were also injured, according to the lawsuit.
During Day’s criminal hearings, a judge determined that she “was not given any orders before officers began pulling her out of the vehicle,” her attorneys said.
Chauvin and Jensen handcuffed the woman before Chauvin knelt on her back in his “signature pose,” according to the lawsuit. The lawsuit said Chauvin knelt on her back for “some time,” though it did not specify how long.
“Don’t touch me please,” she told the officers, according to the complaint.
Four months later, Chauvin knelt on Floyd’s neck for several minutes, killing him.
The video depicting Floyd’s death sparked nationwide outrage, leading to months of protests calling for Chauvin’s criminal conviction and police reform.
The woman said the “manhandling” from officers left parts of her body bruised and swollen, according to the complaint.
Chauvin and Jensen did not include Day’s injuries in their reports, according to the lawsuit.
“Worse, Chauvin nowhere reported that he drove his knee into Patty’s back and pressed her into the ground, including after she had already been handcuffed,” an attorney said.
Day was charged with driving while impaired, but the charges were dismissed in February 2021, over a year after her arrest, according to the lawsuit.
This “is something that we usually never do for someone (who) tested at a point 25, but as a compromise because of how she was treated, that was the offer that was extended,” the assistant Minneapolis city attorney said, according to the lawsuit.
In April 2023, the Minneapolis City Council settled two lawsuits for $9 million accusing Chauvin of excessive force three years prior to Floyd’s death, according to CBS News.
This story was originally published May 22, 2024 at 10:10 AM.
