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Chauvin arraigned for alleged civil rights violation

Chauvin

Derek Chauvin will be arraigned Thursday for allegedly violating a teenager’s civil rights using a restraint like the one he used on George Floyd. This indictment alleges Chauvin deprived the teenager, who is Black, of his right to be free of unreasonable force. The Associated Press has the story:

Court fillings show that Chauvin had a history of using body pinning restraint techniques like the one used on Floyd

MINNEAPOLIS (AP) — A former Minneapolis police officer convicted of murder in the death of George Floyd is scheduled to be arraigned Thursday for allegedly violating the civil rights of a teenager in a separate case that involved a restraint like the one used on Floyd.

FILE – In this April 15, 2021, file image from video, defense attorney Eric Nelson, left, and defendant, former Minneapolis police Officer Derek Chauvin, address Hennepin County Judge Peter Cahill at the Hennepin County Courthouse in Minneapolis. Chauvin, convicted of murder in the death of George Floyd, is scheduled to be arraigned Thursday, Sept. 16, 2021, for allegedly violating the civil rights of a teenager in a separate case that involved a restraint similar to the one used on Floyd. (Court TV via AP, Pool File)

Derek Chauvin was convicted earlier this year on state charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter in Floyd’s 2020 death. He was sentenced to 22 1/2 years. He’s also charged in federal court with violating Floyd’s civil rights when he knelt on the Black man’s neck for about 9 1/2 minutes as Floyd was facedown on the pavement, not resisting and pleading for air.

FILE – In this April 20, 2021, file photo, from video, defendant, former Minneapolis police Officer Derek Chauvin, listens to verdicts at his trial for the 2020 death of George Floyd, Tuesday,, in Minneapolis, Minn. Chauvin faces decades in prison when he is sentenced Friday, June 25, 2021, following his murder and manslaughter convictions in the death of George Floyd. Floyd’s death, filmed by a teenage bystander as Chauvin pinned Floyd to the pavement for about 9 and a half minutes and ignored Floyd’s “I can’t breathe” cries until he eventually grew still, reignited a movement against racial injustice that swiftly spread around the world and continues to reverberate.(Court TV via AP, Pool, File)

But another indictment against Chauvin alleges he carried out a similar act against a then-14-year-old boy in 2017. This indictment alleges Chauvin deprived the teenager, who is Black, of his right to be free of unreasonable force when he held the teen by the throat, hit him in the head with a flashlight and held his knee on the boy’s neck and upper back while he was prone, handcuffed and not resisting.

According to a police report from that 2017 encounter, Chauvin wrote that the teen resisted arrest and after the teen, whom he described as 6-foot-2 and about 240 pounds, was handcuffed, Chauvin “used body weight to pin” him to the floor. The boy was bleeding from the ear and needed two stitches.

El policía Derek Chauvin, considerado culpable de la muerte de George Floyd, es esposado en el tribunal de Minneapolis el 20 de abril del 2021. (Court TV via AP, Pool, File)

That encounter was one of several mentioned in state court filings that prosecutors said showed Chauvin had used neck or head and upper body restraints seven times prior to Floyd’s death dating back to 2014, including four times state prosecutors said he went too far and held the restraints “beyond the point when such force was needed under the circumstances.”

At federal arraignment hearings, defendants can have the charges read to them, and not guilty pleas are typically entered. Thursday’s hearing will be held remotely via videoconference.

Chauvin and three other former officers — Thomas Lane, J. Kueng and Tou Thao — were arraigned on civil rights violations in Floyd’s death on Tuesday. All four pleaded not guilty to those charges. The indictment in the 2017 case was filed the same day as the one for Floyd’s death.

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FILE – This combination of photos provided by the Hennepin County Sheriff’s Office in Minnesota on Wednesday, June 3, 2020, shows from left, former Minneapolis police officers Derek Chauvin, J. Alexander Kueng, Thomas Lane and Tou Thao. The former Minneapolis police officers charged with violating George Floyd’s civil rights are scheduled to be arraigned in federal court Tuesday, Sept. 14, 2021. (Hennepin County Sheriff’s Office via AP File)

According to the indictment in Floyd’s death, the officers allegedly deprived Floyd of his rights while acting under government authority. The federal indictment alleges Chauvin violated Floyd’s right to be free from unreasonable seizure and from unreasonable force by a police officer. Thao and Kueng are charged with violating Floyd’s right to be free from unreasonable seizure by not intervening to stop Chauvin as he knelt on Floyd’s neck. All four officers are charged with depriving Floyd of his rights when they failed to provide medical care.

Floyd repeatedly said he couldn’t breathe as Chauvin pinned him to the ground. Kueng and Lane helped restrain Floyd; Kueng knelt on Floyd’s back, and Lane held Floyd’s legs, according to evidence in state court. Thao held back bystanders and kept them from intervening.

By AMY FORLITI

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