By Randall Yip, Executive Editor
71-year-old Lich Vu and his wife are suing the police officer who slammed him to the ground following a dispute over a traffic ticket, according to a court filing in the Western District of Oklahoma.
Also named in the lawsuit is the city of Oklahoma along with State Attorney General Drummond Gentner who dropped the assault and battery case against Officer Joseph Gibson.
In its lawsuit, Attorney Devon Jacob writes “As a result of the language barrier, Lich Vu became frustrated and upset about the traffic citation because he did not understand. Frustrated, Lich Vu said “you shut up,” while gesturing with his right hand –lightly tapping Gibson on the outside of his bulletproof vest, a single time.”
Jacob explained that Vu wanted time to communicate with the officer and described his client as “non-confrontational.”
“No exigency or legitimate law enforcement interest required Gibson to take Lich Vu to the ground in an uncontrolled manner that deviated from the standard law enforcement training,” argued Jacob. “Lich Vu was defenseless and unable to break his fall or protect his face, head, or neck, from injury.”
The lawsuit also states that Attorney General Gentner is the top law enforcement officer in the state and is responsible for officer’s to be trained properly on deescalation techniques.
“Drummond had the duty and policymaking authority to ensure that police
officers’ training adhered to state and federal law,” the lawsuit states.
Neither the city, Drummond or Gibson have responded to the lawsuit.
However, in prior interviews Drummon said “As Attorney General, I will not permit Oklahoma police officers to face criminal prosecution for conduct adhering to their training,” Drummond said in a statement per NBC News. “While the outcome of this incident is unquestionably devastating for Mr. Vu and his family, I do not believe the officer exhibited criminal intent.”
Gibson resigned from the force in March.