nortex97 said:
He couldn't be restrained any other way, including in a car, because he was manic ('excited delirium') and already struggling to breathe from the massive amount of fentanyl he'd ingested that would absolutely kill him.
The knee to the back of the neck had nothing to do with his lungs filling with fluid, and was an approved method of restraint.
https://townhall.com/tipsheet/katiepavlich/2020/09/02/new-evidence-in-the-george-floyd-case-that-could-change-everything-n2575428
It's in their manual. How can people still not know this?
That's a lie. He was not manic and he was not struggling to breathe beforehand."3. At 8:17 p.m., Chauvin and Thao arrived on the scene. (Thao, BWC at 20:17:07.) As they approached, they saw Kueng and Lane trying to force Floyd into the back of the squad car, and heard a bystander yelling to Floyd that he should get in the car because "you can't win." (Thao, BWC at 20:17:19-48.) Floyd responded he was not "trying to win," and told the officers four times that he was claustrophobic and that he wanted to speak to them outside the squad car. (Thao, BWC at 20:17:22-47.) Floyd also pleaded for the officers to allow him to get on the ground or do "anything" other than get in the car. (Thao, BWC at 20:17:25-29.) The officers, however, ignored Floyd's pleas. Chauvin watched from the sidewalk as Kueng pushed Floyd into the back seat from the driver's side. (Thao, BWC at 20:17:37-59.) Chauvin then circled to the passenger's side of the car and instructed Lane to pull Floyd into the car. (Thao & Lane, BWC at 20:17:59-20:18:05.) During this time, Floyd continued to plead with the officers, repeating "please, Mr. Officer, please" and "I'm not a bad guy." (Thao, BWC at 20:17:49-20:18:00.) Floyd also exclaimed: "I can't breathe, Mr. Officer. Please." (Thao, BWC at 20:18:05-08.) Floyd fell partway through the rear passenger's side door, and he asked to be laid on the ground. (Thao, BWC at 20:18:15-20.) Chauvin and Lane, however, pinned Floyd against the passenger's side back seat, while Thao watched from the driver's side. (Thao, BWC at 20:18:22- 27-CR-20-12646 Filed in District Court State of Minnesota 9/18/2020 1:52 PM 7 29; Thao, BWC at 20:18:30-48; Thao, BCA Interview at 32:34-40.) During this time, Floyd continued to yell "please," and repeatedly said he couldn't breathe, explaining that he "just had COVID" and telling the officers "I'm not going to run." (Kueng, Thao, & Lane, BWC at 20:17:59-20:19:01.) But the officers dismissed his complaints. Chauvin told him: "You're talking. . . . It takes a lot of oxygen to . . . say 'I can't breathe.'" (Thao, BWC at 20:18:40-46.) When the other officers were unable to lift Floyd into the squad car, Thao said: "We're just going to have to hogtie him." (Thao, BWC at 20:18:48-50.) He then circled to the passenger's side and repeated: "We're just gonna have to tie him." (Thao, BWC at 20:18:52- 53.) Lane agreed, telling Chauvin and Kueng: "Let's take him out and just MRT"referring to the Maximal Restraint Technique, which utilizes the Hobble device to "secure a subject's feet to their waist in order to prevent the movement of legs."2 Exhibit 1, MPD Policy & Procedure Manual 5-316 III, Chauvin Mot. to Dismiss Ex. 15, at 22. (Lane, BWC at 20:19:02-04.) The others agreed, and Chauvin and Kueng took Floyd to the ground. (Thao, BWC at 20:19:06-11.) "
The restraint did not follow procedures. Motion to dismiss based on that argument was denied."Under MPD policies in effect at the time of Floyd's death, the most extreme uses of forceMRT, Neck Restraints, and Deadly Forceare reserved for the most extreme situations. Officers are trained to use the MRT only "where handcuffed subjects are combative and still pose a threat to themselves, officers or others, or could cause significant damage to property if not properly restrained." Id. at 5-316(IV)(A)(1). "As soon as reasonably possible, any person restrained using the MRT who is in the prone position"that is, on his or her stomach"shall be placed" in "the side recovery position" if "the hobble restraint device is used." Id. at 5- 316(IV)(B)(1). Officers are instructed that, "as soon as possible," they must "[p]lace a restrained subject on their side in order to reduce pressure on his/her chest and facilitate breathing." Exhibit 3, 2019 MPD Use of Force Manual, at 3. Officers are also trained not to employ a "neck restraint""[d]efined as compressing one or both sides of a person's neck with an arm or leg""against subjects who are passively resisting." Exhibit 1, MPD Policy & Procedure Manual 5-311(I), (II)(C). MPD policy defines 5 This policy, which was in effect when Floyd died, was subsequently updated on June 16, 2020. 27-CR-20-12646 Filed in District Court State of Minnesota 9/18/2020 1:52 PM 16 "passive resistance" as "behavior initiated by a subject, when the subject does not comply with verbal or physical control efforts, yet the subject does not attempt to defeat an officer's control efforts." Id. at 5-302. "An officer who has used a neck restraint or choke hold shall inform" emergency medical personnel "accepting custody of the subject[] that the technique was used on the subject." Id. at 5-311(II)(D)(2). And if unconsciousness occurs, officers are to "request EMS immediately by radio." Exhibit 3, 2019 MPD Use of Force Manual, at 2."
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Briefs09182020.pdf