Toledo Ohio, US district court magistrate James Knepp II has given a recommendation to court to have a police brutality case dismissed. The lawsuit was filed by, Norwalk resident, Mimi Lee Against the Norwalk Police Department stemming from a 2009 arrest. The Magistrate argues that the claim of police brutality was filed to late and thus is not within the statute of limitations.
Lee was arrested for driving under the influence of alcohol. Lee was brought to the police station where she refused a breathalyzer test and argued with police. During the argument Lee threw a piece of paper to the ground and then, reportedly, stood up to use the restroom. An officer attempted to prevent Lee from using the restroom. That is when officer James Montana grabbed Lee from behind.
It was at this point that Lee appeared to resist Montana by attempting to pull away from his grip. When Lee attempted to turn and face Montana, the officer slammed Lee into the wall and then the desk and proceeded to choke her with his forearm against Lee’s throat for approximately 20 seconds.
Lee did not appear to be resisting office Montana while he was choking her and her body was relatively limp and her face showed discoloration. Other officers in the room made no attempt to stop Officer Montana. It was at this point that Montana threw Lee to the ground and began to place her in handcuffs with the help of other officers.
Lee has a history of drunk driving and other reckless behavior but this level of force is not at all justified for a small unarmed woman. Judge for yourself.