Patricia Dawn Welch Day vs.  Derek Chauvin

Case Background

On April 21, 2024, Plaintiff Patricia Dawn Welch Day filed a civil rights lawsuit in the United States District Court, Minnesota (Case Number: 0:24cv1862). This case, involving allegations of excessive force, was assigned to Judge John R. Tunheim and referred to Magistrate Judge Tony N. Leung.

Cause

On January 17, 2020, Plaintiff Patricia Dawn Welch Day faced a harrowing encounter with Defendants Derek Chauvin and Ellen Jensen, both officers with the Minneapolis Police Department. The incident began after a concerned resident called 911 to report a minivan stuck in a snowbank near 41st Avenue South in Minneapolis. The caller mentioned that an intoxicated woman sat inside the vehicle but posed no immediate threat. Nearly an hour later, Chauvin and Jensen arrived at the scene. By then, Plaintiff had thrown her keys into the back of the minivan to ensure she could not drive, recognizing her unfit condition.

Plaintiff attempted to explain that the vehicle was immobile, but the officers disregarded her statements. Without giving any commands, Chauvin unlocked the driver’s door. Both officers then grabbed Plaintiff by her arms, yanked her from the vehicle, and flung her face down onto the snow-covered street. Plaintiff did not resist, yet Chauvin pressed his knee into her back, pinning her to the ground even after she was handcuffed and subdued. Plaintiff cried out in pain, but Chauvin continued using excessive force. Body-worn camera footage captured the incident, but the City of Minneapolis repeatedly refused to release the video despite formal requests. Plaintiff’s ordeal highlighted an ongoing pattern of police misconduct within the Minneapolis Police Department.

Injuries

The excessive force caused Plaintiff severe physical injuries. Being thrown onto the street fractured one of her teeth and left her with intense pain in her left arm and shoulder. Bruises and scrapes covered her face, arms, hands, chest, ankle, and legs. Despite her visible injuries and complaints of pain, the officers failed to provide or summon medical assistance.

After her release, Plaintiff sought emergency dental care to repair her fractured tooth and later required a permanent crown. Persistent pain in her left arm and shoulder limited her ability to perform daily tasks. Embarrassed by the incident, she delayed seeking medical attention for her arm. Massage therapy and acupuncture provided minimal relief. Eventually, she started physical therapy, but her symptoms persisted.

The psychological impact was equally severe. Plaintiff developed major depressive disorder and experienced heightened anxiety, particularly around police vehicles or news about Chauvin. Frequent flashbacks to the incident worsened her trauma, exacerbated by Chauvin’s infamous involvement in George Floyd’s death. Media coverage of Chauvin’s actions intensified her distress. The emotional toll forced Plaintiff to take FMLA leave from work. Her physical and psychological injuries continue to affect her daily life.

Damages

Plaintiff sought compensatory damages for physical injuries, emotional trauma, and professional setbacks. She also sought punitive damages to ensure accountability and demands structural changes in police training and supervision to prevent future excessive force incidents.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Patricia Dawn Welch Day
    • Counsel for Plaintiff: Andrew J. Noel | Greta Wiessner | Julie Moroney | Kathryn H. Bennett | Marc Betinsky | Robert Bennett
  • Defendant(s): Derek Chauvin, acting in his individual capacity as a Minneapolis Police Officer | Ellen Jensen, acting in her individual capacity as a Minneapolis Police Officer | The City of Minneapolis
    • Counsel for Defendants: Ashley Marie Ramstad | Jason M. Hiveley | J. Haynes Hansen | Sara J. Lathrop | Tracey N. Fussy

Claims

Plaintiff alleged that Chauvin and Jensen violated her constitutional rights under the Fourth and Fourteenth Amendments by using excessive force. Chauvin’s decision to press his knee into her back while she was handcuffed showed blatant disregard for her rights. Jensen compounded the violations by failing to intervene when she had the opportunity.

She also filed a Monell claim against the City of Minneapolis, alleging that the City’s tolerance of police misconduct enabled unconstitutional actions. The City’s failure to discipline officers despite repeated complaints of misconduct encouraged Chauvin and others to act unlawfully. The City’s refusal to release body-worn camera footage further demonstrated its lack of accountability.

Defense

Ellen Jensen denied all allegations, asserting that she did not use excessive force, cause injuries, or witness any misconduct by Chauvin. She claimed no knowledge of Chauvin’s actions and requested dismissal of all claims.

Derek Chauvin denied pressing his knee into Plaintiff’s back or applying any force. He claimed he acted in good faith, believing his conduct was lawful. Chauvin argued Plaintiff resisted arrest and had a blood alcohol content of .251, three times the legal limit. He maintained that no constitutional violations occurred and sought dismissal of the claims with prejudice.

Settlement

On January 30, 2025, the Minneapolis City Council unanimously approved a $600,000 settlement to resolve the civil rights lawsuit. The resolution followed the Plaintiff’s allegations of excessive force and police misconduct against Defendants Chauvin and Jensen.

 

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com