New Derek Chauvin accuser claims killer cop performed same 'signature pose' on her that he later used to murder George Floyd - as her horrific injuries are revealed

Former Minneapolis police officer Derek Chauvin is being sued again Patty Day claims Chauvin yanked her from a car and pinned her down like FloydLawsuit cites other cases against Chauvin, claims city should have stopped him 

Disgraced policeman Derek Chauvin is accused of using the same deadly restraint against a woman just a few months before he murdered George Floyd.

Patty Day is suing him and the City of Minneapolis for $9 million in damages for injuries and psychological trauma she suffered during a January 2020 arrest.

The lawsuit filed by Robins Kaplan LLP in federal Minnesota court alleged that five months before George Floyd's death Day was 'violently jerked from her car' and thrown to the ground by Chauvin and his partner Ellen Jensen.

Chauvin then allegedly applied his knee to Day's back while she lay handcuffed - the same stance he would fatally take for nine minutes during his arrest of Floyd.

Patty Day is suing him and the City of Minneapolis for $9 million in damages for injuries and psychological trauma she suffered during a January 2020 arrest

Disgraced policeman Derek Chauvin is accused of using the same deadly restraint against a woman just a few months before he murdered George Floyd (pictured)

Day claimed that due to the excessive force, she suffered 'significant' arm and shoulder injuries, as well as a fractured tooth.

All the while, Jensen did nothing to intervene, according to the suit.

She argued the City of Minneapolis was aware officers within its police department had a history of 'gratuitous use of excessive force'.

'Sadly, my experience with Derek Chauvin is not unique,' Day said.

'George Floyd died at the hands of this individual, and had the City intervened on his behavior after my interaction, he could still be alive today... It was a traumatic part of my life that I hope no one else will have to endure.'

Day, who was at the time communications director for the Minneapolis Department of Public Works, got behind the wheel after drinking on January 17, 2020.

Chauvin and Jensen showed up after someone called 911 to report a driver who appeared to be intoxicated stuck in a snowbank.

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Chauvin is serving a 22-year prison sentence - late last year, he was reportedly stabbed in the big house

The officers 'violently yanked Patty from her vehicle' without even asking her to get out, while she was trying to show them the keys were not in the ignition.

'Without justification, [they] threw her to the ground in the middle of the street, fracturing her tooth, injuring her arm and shoulder, and causing other significant injuries before handcuffing her,' the lawsuit claimed.

'Chauvin then assumed his signature pose, pressing his knee into the subdued and handcuffed Patty's back - just as he would later do to snuff the life out of George Floyd - and remaining that way well after Patty was controlled.'

Day claimed she was stabbed in her left hand when she was handcuffed, causing a deep gash that left a scar, and still has pain in her arm and shoulder years later.

Because she was arrested over the Martin Luther King Day weekend, she was held for days in lockup in the same building she worked.

Chauvin and Jensen downplayed their use of force in their reports and didn't mention kneeling on Day's back, the lawsuit claimed.

'The material lies and omissions in the officers' reports are the type that MPD rank and file are accustomed to making without consequence or repercussion from supervisors and those all the way up the chain of command,' it claimed.

Lawsuit claimed the officers threw her to the ground, fracturing her tooth, injuring her arm and shoulder, and causing other significant injuries before handcuffing her

Day claimed she still has pain in her arm and shoulder years later

Day was charged with two counts of third-degree DWI but prosecutors bumped it down to a fourth-degree charge due to her treatment.

'The state does not condone the conduct of former officer Chauvin, in the sense that the extraction of defendant from the vehicle likely could have been dealt with much differently and in a way that did not cause so much injury,' they wrote.

Judge Julie Allyn ruled Day was never asked to get out of her car before Chauvin and Jensen 'both began pulling her out of the vehicle'.

She found the evidence was 'insufficient to support a finding that there was probable cause to arrest her for obstruction' and the case was dismissed.

Day said though the police bodycam was played in court, she was never sent a copy despite requesting it.

The lawsuit claimed Chauvin's excessive force used on Day was part of a pattern, both by him and other MPD officers, that went unchecked.

'MPD officers were mollycoddled by the City, despite clear use of improper and excessive force,' it claimed.

Day's lawsuit cited two other cases from 2017 where the police bosses failed to discipline Chauvin after he used excessive force.

Chauvin repeatedly bashed 14-year-old boy John Pope in the head with a metal flashlight and then pinning him to the ground with a knee on his back for 15 minutes after handcuffing him

On Tuesday, a complaint, seeking $9million in damages, was filed by Robins Kaplan LLP in federal Minnesota court against Derek Chauvin and his former partner, Ellen Jensen

One involved Chauvin repeatedly bashing 14-year-old boy John Pope in the head with a metal flashlight and then pinning him to the ground with a knee on his back for 15 minutes after handcuffing him.

The same year, he slammed Zoya Code to the ground and used the same knee restraint on her.

Last spring, the Minneapolis City Council agreed to settle both civil cases filed against Chauvin for close to $9 million.

'To John Pope, Zoya Code, and anyone else that has experienced this kind of egregious conduct at the hands of Derek Chauvin, our city deeply apologizes,' Mayor Jacob Frey said at the time.

Police Chief Brian O'Hara went further, calling Chauvin's actions 'an example of the cancer that has infected this department'.

'Nearly six years after these two incidents occurred, we are forced once again to reckon with the deplorable acts of a person who has proven to be a national embarrassment to the policing profession, and the continued harm he has caused members of our community,' he said.

The suit alleged that in January 2020, some five months before George Floyd 's death, a woman named Patty Day was 'violently jerked from her car' and thrown to the ground by Chauvin and Jensen.

Chauvin was convicted of second-degree murder on April 20, 2021, for killing Floyd and jailed for more than 22 years

Police have been long warned against restraining suspects while prone, with 1995 Department of Justice advice reading: 'As soon as the suspect is handcuffed, get him off his stomach.'

Then after David Smith was killed by MPD officers who held him on the ground with pressure on his back for four minutes in 2010, the department promised to 'require its sworn police officers to undergo training on positional asphyxia'.

Day is asking for $9 million in compensatory damages, in addition to punitive damages in an amount that will be determined by a jury.

Chauvin was convicted of second-degree murder on April 20, 2021, for killing Floyd and jailed for more than 22 years.

The city approved a historically large $27 million settlement with Floyd's family.

Late last year, Chauvin was reportedly stabbed in prison.