No Charges for Plainclothes Officer Who Put Mother in a Headlock, Punched and Choked Her

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Journal Staff | Sioux City Journal

SIOUX CITY — A judge on Friday dismissed a lawsuit brought by a woman shown on camera being forcefully arrested by a Sioux City police officer in 2011.

U.S. District Court Judge Mark Bennett ruled Thursday that DaCosta Daniels did not present enough evidence that Officer Joshua Tyler used unreasonable force during an arrest in the 1400 block of McDonald Street on Aug. 8, 2011.

The incident was captured on a police car dashboard camera.

In the video, Daniels is told not to use her cellphone.

She refuses, sparking a struggle with the police officer.

The footage shows Daniels being put into a headlock and hit in the side multiple times after she lunged at the officer.

RELATED: Cop Beats Mother and Rams Her Face Into a Table in Front of Her 8-yr-Old Child

The judge’s findings say the incident happened after Tyler saw Daniels’ fiance, who was barred from driving, operating a rental car.

daniells2

 

By the time officers caught up to the vehicle, it was parked outside a house and Daniels was in the driver’s seat.

Daniels denied the man was driving.

Daniels sued Tyler and the city and named the Sioux City school district as a defendant for allowing a video of the incident to be shown to a class that included her daughter.

Watch video below:
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About author

Filming Cops
Filming Cops 1614 posts

Filming Cops was started in 2010 as a conglomerative blogging service documenting police abuse. The aim isn’t to demonize the natural concept of security provision as such, but to highlight specific cases of State-monopolized police brutality that are otherwise ignored by traditional media outlets.

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  • Michael White

    Who the hell is the copsucker narrating this tripe? I saw a woman, not in custody, answer a phone, and ignore an unlawful order given by a man with no obvious police insignia. Said “Officer” then proceeds to assault the woman, who disregards his unlawful order to hang up her phone. I then see this victim attempt to defend herself against an assault at the hands of people charged with protecting her and upholding her rights.

    • Robert Scott

      You didn’t see his ID hanging around his neck?

      • Todd Giffen

        Whether he had a badge or not doesn’t matter. Here she is, doing nothing but answer her phone, the officer assaults her. Self defense even against “officers” is also a defense perhaps under the 2nd amendment.

        • Jeff Carpenter

          She disobeyed a direct order by a police officer in the middle of doing an investigation. Get a clue.

          • David Buccola

            Scum like you don’t deserve rights. Standing up against unlawful and arbitrary authority is the duty of every citizen in a free country.

          • Donald Wayne

            “An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

          • Jeff Carpenter

            I take it you’ve got a criminal record.

          • nancyrose

            Why does everyone assume that because someone is against police brutality, they have a criminal record?? I’ve never been arrested and yet some how I’m against it! I’m against any abuse whatsoever! That means I must have a criminal record?? Get a clue Jeff!

          • Randy

            Inappropriate use of force vs the situation at hand. She’s not a threat at all and the “officer” is not marked in anyway save for what appears to be a radio on his hip. I can’t tell the difference between him and the guy down the street.

            There was also no need to insult Todd.

            http://www.nij.gov/topics/technology/less-lethal/Pages/welcome.aspx

            “According to the traditional rule, a police officer was allowed to use any non-deadly force that reasonably appeared to be necessary to make an arrest for any crime”

          • Donald Wayne

            WHAT CRIME!!!!!!!!!!! Traffic infractions are NOT a crime, People v. Battle, court case cite, traffic infractions relate to engaging IN COMMERCE!!! The people are NOT engaged in commerce, it is the use of private property and the corporate policy enforcement officers have NO JURISDICTION AND NO AUTHORITY!!! Government is but and agency TO the state, the “state” being the sovereign people, another court case cite.

          • Randy

            I’m not defending the cop Donald. I’m giving a quote from the linked website about when police officers are suppose to be allowed to use force.

          • demasys

            Learn the founding documents you sheeple. Do as he says no matter what it is sounds right down your road. Ignorance in whats best for the people and the less resistance is your way?

          • allen

            A ‘direct’ order? What is this the marines? Get a clue.

          • Michael White

            Orders are only lawful when given in the proper circumstances, she wasn’t in custody, she had every right to answer her phone. You want to keep licking the boot on your face, go for it, but don’t you dare expect me to get knee bent with you.

        • Donald Wayne

          Read my post above!!!!!!!!!!!!! “An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

      • Randy

        At what time stamp in the video do you notice this ID?

    • Jeff Carpenter

      Grow up.

      • haaaahahaha

        Wow that was the best comeback EVER. So insightful and rationally expressing a valid concern. The reasoning is strong with this one.

  • Astonished

    At the very least that was excessive force. You mean to tell me that the 2 male officers could not arrest her (unlawfully by the way) without punching her in her side and her head? Wow! I know done great cops and these two yahoos are no where near in their class. She’s better than me. I wouldn’t have responded to anything.

  • E=MC2

    Yeah this guy narrating is a propaganda piggy. SUCK A WET ONE!

  • http://adamgoodwin.info/ Rhoid Rager

    Pig coward tried to kidney punch her so he didn’t leave any visible marks on her face.

  • steve

    the judge and the cop sound like fucking pricks they all stick together

  • Expose media agenda

    Did they have proof the other guy was driving? Just wondering..

  • Neil Allen
  • citizen

    Please please let me start seeing articles of cops getting killed by citizens SOON

    • nancyrose

      The problem is cops being killed or even hurt by civilians doesn’t happen anywhere close to the amount of citizens being killed and beat up by cops. That’s why you don’t see the articles.

  • Neil Allen
  • Rick Wathen

    Big man there…… LOVE to see him try that shit with me.

    • Robert Scott

      careful what ya wish for… Whenever some armchair judge says that, they generally get the pizza slapped out of their paws.

      • houston713

        yea by a coward of a man who wont do shit without is posse or badge

  • Squeal Piggy

    it’s never right to kill anyone, but I wouldn’t be sorry if these cunts got beat to death, sorry but when you’ve got a monopoly on violence the one thing you absolutely should not do is abuse it, these fuckers are the lowest of the low

    • Donald Wayne

      “An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

  • jim

    the cop starts the assault plain and simple
    and unless she was already being arrested they have no power to tell you not to talk on your phone
    and if she was already being arrested they should have already put cuffs on her
    anyone being choked would try to strop that from happening
    and showing this at a local school with her kid in it and/or just kids that could know her is just wrong

  • michael

    She never “lunged” at anyone. They had her under control and could have easily cuffed her when they took the phone. It was at that point that it became excessive force.

  • Bryant Christian

    There is a cure for such behavior by police

  • Chevan Wilson

    she’s retarded

  • John’s Kawasaki

    THE JUDGE IN THIS CASE, SUCKS THE COPS DICK

  • demasys

    Mark Bennett ruled you have committed an “ACT OF WAR” by “aiding and abetting the enemy in the destruction of the founding documents” and “aiding a fugitive” as declared by the founding documents. The militia will be watching you!!! Your lucky our vote to force you off the bench did not pass. Willing to take up arms and kick you out.

  • Donny white

    I don’t like the cops either but she was clearly non stop running her mouth and just wouldn’t listen , anyone that does that cop or not is gonna get hit lmao

    • nancyrose

      Shooting off your mouth is not a crime. Next time someone pisses you off, go ahead and beat the crap out of them the way these officers did and see if you get away with it. Use the excuse that he/she “mouthed off” to you and deserved it. See what happens.

  • Donald Wayne

    http://www.constitution.org/uslaw/defunlaw.htm ….. READ IT!!!!!!!!!!!!!!! POST IT!!!!!!!!!!!! “An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.People NEED to wake the fuck up and start ending this bullshit, if I am ever stopped and threatened with arrest I will fight and do my best to kill the officer!!!! Justifiable homicide needs to be on the rise, TAKE BACK AMERICA!!!!

  • Katnip

    I probably would have punched her, too. She looks like a chickenhead that doesn’t know when to shut her mouth. The cops had no right to abuse her, but I certainly understand how she brought it out of him.

  • Adam Desrosiers

    Im sorry, but i have to agree with this one. I have seen alot of abusive cops but this one i agree with. First the cops is seen asking her repeatedly to get off the phone. Which she doesnt. He then tries to take the phone, which i agree is not right, but what she then does is stupid by trying to grab at and assault the cop. She is then instructed again not to resist and warned by the uniformed officer that she could be tazed. She continues to resist at every turn. Had she just allowed herself to be cuffed when the cop first tried, she could claim that he had tried to take her phone without cause. But when you act stupid and try to fight with a cop anything that came before or after is pretty much void. All a judge will see is you fighting and resisting. Unless you are in actual fear for your life you never fight with a cop. The legitimacy of her complaint against the plain clothed police officer would have been taken more seriously had she not acted like a fool afterwards. And to those who think im advocating being a “sheep” or what have you, im not. You can stand up for your rights, you can say that the cop has no right to take personal property from you, etc., but the moment you hit or struggle with a cop your credibility is shot, and your no longer the “innocent victim”.

  • Manny Singh

    may be someone should attack that ugly human being of a man or how would he like it if someone attacked his wife or daughter if that was me i would hunt him down and do time for him someone should post his address as we don’t need police officers like this