CLEVELAND-- A Cleveland police officer facing criminal charges for a violent arrest seen on camera is asking the court to drop the charges.
Sgt. Christopher Graham is facing charges of assault and unlawful restraint.
An internal investigation found he went too far in arresting a woman as police were investigating a disturbance with a report of a gun involved.
Body camera video shows police telling a woman to stay away from a person in the back of a patrol car. The woman ended up getting arrested and hit with charges. But the case against her was dropped. The sergeant then got hit with charges.
Earlier, Graham pleaded not guilty.
On Thursday afternoon, defense attorney Marcus Sidoti filed a motion to dismiss the case. He argues, under the law, Graham, as a police officer, is afforded some immunity or protection.
Sidoti said Graham followed training and policy.
“Sgt. Graham’s conduct was not only objectively reasonable…, but was in full compliance with General Police Order 2.1.01," the attorney wrote to the court.
A city prosecutor will get a chance to respond to the request to dismiss the case