The mother of the 9-year-old girl who was pepper-sprayed and handcuffed by Rochester cops during an incident caught on officer body-cam footage filed notice Tuesday that she is going to sue the city and the police department.
The notice of claim filed alleges that the child’s constitutional rights were violated as a result of the “infliction of emotional distress, assault, battery, excessive force, false arrest, false imprisonment, and any other claims” stemming from the Jan. 29 incident, the Democrat and Chronicle reported.
The claim states that the mother called 911 that day due to a “vehicle dispute,” according to the news outlet.
Once police arrived, the child ran outside and the mother requested the help of cops because her daughter was “upset about her mother and step-father arguing,” the claim says, according to the site.
The mother informed the officers her daughter “should be given some mental health assistance,” the claim said, the news outlet reported.
Rochester Deputy Police Chief Andre Anderson previously described the girl as suicidal, saying that she indicated she wanted to kill herself and her mother.
The police-body cam footage released Sunday shows the distraught youngster handcuffed and screaming in the back of a patrol car before she was pepper-sprayed.
One officer involved in the incident has been suspended and two others were placed on administrative leave.