I really want to see the argument he makes that the so called assault was bad enough, and enough of a threat to himself after she had just been flipped over backwards and is entangled in her desk on her back, to throw that small girl across the room. I really really want to see that 300lb bodybuilder say that at the point in time that he threw her that he felt she was a threat to his safety.
The counter-argument is rather easy. You are a 300lb bodybuilder and if you can't control a child that has just been flipped onto her back who is on the ground and entangled in a desk then how can we reasonably trust you out on the streets where you might encounter people your own size and strength?
If a dog catcher has problems controlling a poodle then you damn sure don't trust him to handle a rottweiler.
I know I would argue it
I would argue it is within his rights as a police officer to forcibly arrest the girl after she assaulted him....him being 300 pounds and her being a 16 year old girl doesn't matter one bit. he also didnt use additional arrest strategies including tasering or chemical, which is something that police can employ when dealing with active resisters to arrest.
An officer uses measured force. The POSSIBLE COUNTER is that it will be up to a judge to determine if his measured force was above and beyond what was required.
And typically that is a hard place for a judge to rule from.
Now had he picked her up over his head and tossed her out the window, then the scenario is more cut and dry
I'd argue he attempted to position the girl away from the desk so she isn't hurt by the desk, and neither is he. The fact that she was sent several feet from his person indicates that the two struggled...but because she initiated the struggle he is still within his rights to do what it takes to subdue her safely.
He didnt throw her into other people
he didnt throw the desk into her, he separated the two.
I think it is the DESK that really threw the officer off his ability to manage and control her...I don't think he anticipated that she would lock into the desk and punch back when he went to carry her out of it.
but again, the courts will review the totality of the situation, the fact he verbally asked her to leave with him and she did not comply, the fact he attempted to carry her out of the desk and out of the room, the fact that she then assaulted by punching him and locking/bracing down into the desk, the fact that now the officer was in a physical altercation with a resisting person, and the fact that the officer separated the girl from the desk quickly and without additional take down means (taser/pepper) would be a good case to claim that the officer acted responsibly, and with a measured force to subdue the individual.
I'd also argue that the fact he was struck in the face increased his adrenaline and may have contributed to his using more strength than needed to separate the girl from the desk, hence her being thrown to the floor.
I'm sorry if you don't like the argument...but I'd love to see a judge rule against a police officer in this instance. You might as well claim "excessive force" in 70% of all arrests of active resisters.