The Featured Video may be disturbing to some viewers. The video was released March 20, 2025 OKLAHOMA CITY (KFOR) — A federal lawsuit has been filed against a former Oklahoma City police officer, the City of Oklahoma City and the state's Attorney General, alleging excessive force and civil righ ts violations during an incident in October. How did we get here? The lawsuit stems from an October 27 traffic stop involving 71-year-old Lich Vu and former Oklahoma City police Sgt. Joseph Gibson. Body camera video shows an argument over a traffic citation Gibson tried to issue to Vu, escalating. Vu was seen on video telling Gibson to shut up and also touching him, before Gibson proceeded to slam Vu to the ground. Gibson denied doing so in a police report, saying that Vu fell to the ground. In the report, Gibson says that the angle of the fall caused Vu’s forehead to hit the ground. Exclusive: New video shows aftermath of former OKC officer slamming Lich Vu Vu suffered a brain bleed, broken bones, and had to have surgery as a result of the incident. Court documents said Vu was in poor health at the time of the incident and Gibson was in robust health. In the same documents, police experts in de-escalation said they believed the amount of force Gibson used was not reasonable. District Attorney Vicki Behenna filed a criminal charge against Gibson as a result of the incident, but Oklahoma Attorney General Gentner Drummond disagreed and decided to drop a felony assault and battery charge. Drummond said that Gibson acted within the scope of his training and that Vu shouldn’t have put his hands on Gibson. The Oklahoma City Fraternal Order of Police President Mark Nelson stood by Gibson. One of Gibson's attorney, former Oklahoma Attorney General Mike Hunter, argues he did nothing wrong. News 4 was the first media outlet to report in March that Gibson was no longer with the Oklahoma City Police Department. A spokesperson did not verify the nature of his departure, but a statement from Nelson in response said that the local FOP chapter supported Gibson's decision to resign. After the initial incident, the Oklahoma City Police Department shared an internal investigation was underway and that Gibson had been placed on routine administrative leave pending the outcome. The department has declined to answer questions regarding if that investigation was completed prior to Gibson's departure. Both Chief of Police Ron Bacy and Oklahoma City Manager Craig Freeman declined interviews on the topic when asked in March and previously. Lawsuit background Prominent civil rights attorney Devon Jacob filed the lawsuit Monday in Oklahoma's Western U.S. District Court. Jacob is a former police officer and former Deputy Attorney General for the Commonwealth of Pennsylvania. He’s taken on high-profile civil rights cases, serving on legal teams tied to George Floyd and Tyreek Hill. Jacob announced he was representing the Vu family in January, telling News 4 at the time it was too early to say who, outside of Gibson, would be named in the lawsuit. In March, Jacob announced the lawsuit would likely be filed before the end of April; and that multiple defendants outside of Gibson would be named. Plaintiffs and defendants Both Lich Vu and his wife Lan Nguyen Vu are named in the lawsuit as plaintiffs, with Lan Nguyen Vu acting as Lich Vu's guardian. Joseph Gibson is the first defendant named in the case and is being sued in his individual capacity. The City of Oklahoma City is the second defendant named in the lawsuit. Oklahoma Attorney General Gentner Drummond is the third and final defendant named in the lawsuit and is being sued in his individual capacity. Lawsuit takeawys: excessive force The lawsuit begins by recapping and summarizing the October 27 incident. Court documents say Vu speaks Vietnamese and "broken" English. Vu's attorney wrote that Gibson appears to be half of Vu's age and appears to be physically strong and in excellent physical condition. Vu's attorney argues that there was a language barrier between Gibson and Vu, and that Vu became frustrated and upset about the traffic citation because he did not understand the factual and legal basis. Court documents accuse Gibson of escalating the incident by threatening to take Vu to jail if he didn't sign the citation. Documents highlight the moments the confrontation escalated further as Vu told Gibson to shut up and hit Gibson on the chest with the back of his hand before being slammed to the ground. The lawsuit says Gibson should have understood that those words were coming from a frustrated person of a different culture who is speaking broken English, should not be assumed to be a sign of disrespect but "possibly the result of a limited vocabulary coupled with emotional upset." The lawsuit argues that the method Gibson used to take Vu to the ground deviated from standard law enforcement training regarding controlled take-down techniques. It says that standard techniques are designed to ensure the safety of both the officer and person being detained. It says that no "exigency or legitimate law enforcement interest" required Gibson to "take Lich Vu to the ground in an uncontrolled manner." Documents say that because of the manner of the technique Gibson allegedly used Vu was defenseless and unable to break his fall to protect his face, hear, or neck from injury. The lawsuit also elaborates further on Gibson threatening to pepper spray Lan Nguyen Vu during the October 27 incident. News 4 shared the confrontation in March, that was captured on Gibson's body worn camera. The footage had not been previously released to the public and can be watched in its entirety below. Court documents state that Lan Nguyen Vu saw that Lich Vu was suffering from a medical emergency and asked for an ambulance to be called. Once Lan Nguyen Vu confirmed that an ambulance had been called, documents say she tried to take a picture of Lich Vu's injuries. Body worn camera video shows Gibson physically touching Lan Nguyen Vu before Gibson tells her to go over to a nearby business, away from her husband. Lan Nguyen Vu tries to return to the same area but Gibson is heard threatening to pepper spray her if she does not move. Court documents say Lan Nguyen Vu's attempts to document her husband's injuries did not interfere with Gibson's exercise of his police power, because other than to check for a pulse, Gibson took no action to either assess Lich Vu's injuries, to provide him with emergency medical care, or to comfort him. Lawsuit takeaways: Gibson says Vu fell Court documents say Gibson did "not state what he knew to be true" when asked by ambulance personnel what happened, stating that he grabbed ahold of Vu; and that "he fell. He hit his head whenever he fell. Pretty hard." Court documents allege Gibson intentionally lifted Vu from his feet and intentionally slammed him headfirst into the pavement. The lawsuit accuses Gibson of making other false statements to officers who corroborate Gibson's account that there was a fall despite not being physically present for the initial incident. Gibson's police report states three times that Vu fell while he was attempting to handcuff him. Lawsuit takeaways: Vu's injuries For the first time, court documents outline the full extent of Vu's injuries, which include the following: A bleed on the brain and significant swelling. Multiple skull and facial fractures, including around his eye and cheekbone. A deep head wound and visible bruising and swelling across his face. Blurred vision and swelling near the eye. A broken neck, specifically fractures to the uppermost bone of Vu's spine. Blurred vision and swelling near the eye. Ongoing pain, confusion, disorientation/permanent cognitive decline. Lawsuit takeaways: Drummond's role The portion of the lawsuit that mentions Attorney General Gentner Drummond starts by acknowledging that he is the top law enforcement officer for the State of Oklahoma, and is a policymaker for the State of Oklahoma. It says that the State of Oklahoma sets the minimum training curriculum for police officers in Oklahoma and that Drummond had the duty and policymaking authority to ensure that police officers' training adhered to state and federal law. The lawsuit points out that on October 30, 2024, just days after the Lich Vu incident, Drummond issued Attorney General Opinion 2024-15, discussing that a house bill's amendments should not be construed to prohibit the prosecution of peace officers who utilize excessive force. You can read that full opinion below: Z-35-2024-OK-AG-15Download The lawsuit points out that, notably, despite explaining in the opinion that under revised Oklahoma law, police officers were to be judged by the same legal standard as all citizens, "Drummond carved out an immunity exception for police officers only...if the police officer was following training that authorized the force used." The lawsuit argues that Drummond's decision to end the criminal prosecution against Gibson after Drummond decided that Gibson's conduct adhered to his training is "clear evidence that he alone-not use of force experts, juries, criminal courts, ort the legislature-is the sole and financial decisionmaker regarding what constitutes excessive force in the State of Oklahoma." The law states that "Drummond's declaration that Gibson's use of force adhered to police training, set and ratified the use of force policy and training for the OKCPD." Lawsuit takeaways: OKCPD City had notice of department issues The lawsuit takes aim at the Oklahoma City Police Department and City of Oklahoma City, alleging they had prior knowledge of serious deficiencies in how the department's officers handle use-of-force incidents. The lawsuit specifically highlights the department's treatment towards the elderly or people experiencing medical or mental health issues-as outlined in a U.S. Department of Justice report released earlier this year. DOJ finds State of Oklahoma, OKC and OKCPD discriminate against people with behavioral disabilities The lawsuit further alleges the City of Oklahoma City has failed to meaningfully act after contracting 21CP Solutions, a policing reform group, to review the police department and propose recommended changes around de-escalation policies. The lawsuit says the contracted group urged the City to reorganize its policies and elevate de-escalation to a core department value, making sure that its the focal point of every police interaction. As a result of the recommendations the City of Oklahoma City established the OKC Public Safety Partnership. That partnership created the Community Public Safety Advisory Board which reviews the complaint investigative process and results of completed departmental investigations involving Oklahoma City Public Safety Officers. You can track the progress of specific recommendations related to the department's training policies here. Lawsuit takeaways: legal claims Count 1: Fourth Amendment (Excessive Force). Against: Joseph Gibson. Claim: Gibson used objectively unreasonable and excessive force against Vu, violating his constitutional rights. As a direct result Vu suffered embarrassment, humiliation, physical and psychological harm, pain and suffering, life-threatening injuries, loss of enjoyment of life, and loss of consortium. Count 2: Fourth Amendment (Supervisor Liability). Against: Gentner Drummond. Claim: Drummond, as a policymaker and supervisory figure, failed to ensure lawful training standards and wrongfully ended Gibson's prosecution, effectively authorizing excessive force by law enforcement officers. Count 3: Fourth and Fourteenth Amendments (Monell). Against: City of Oklahoma City. Claim: The City failed to adequately train or supervise officers on de-escalation and appropriate force, despite clear notice of prior issues. That failure resulted in constitutional rights violations. Count 4: (Pursuant to Oklahoma Constitution) Excessive Force. Against: Joseph Gibson. Claim: The use of force violated Vu's right under Oklahoma's equivalent of the Fourth Amendment to be free from unreasonable seizures. Count 5: (Pursuant to Oklahoma Constitution) Excessive Force. Against: Gentner Drummond. Claim: Drummond's declaration that Gibson's conduct was lawful and consistent with his training, as well as terminating the criminal case, ratified the excessive force used against Vu, violating state constitutional protections. Count 6: (Pursuant to Oklahoma State Law) Assault and Battery. Against: Joseph Gibson. Claim: They physical takedown of Lich Vu was unlawful, intentional and cannot be justified. Count 7: (Pursuant to Oklahoma State Law) Intentional Infliction of Mental Anguish and Emotional Distress. Against: Joseph Gibson. Claim: Gibson's actions were so extreme and outrageous they caused Lich Vu significant mental anguish and psychological trauma. Count 8: (Pursuant to Oklahoma State Law) Loss of Consortium. Against: Joseph Gibson. Claim: Vu's wife, Lan Nguyen Vu, suffered the loss of her husband's companionship, support and presence due to the injuries inflicted. Count 9: (Pursuant to Oklahoma State Law) Respondeat Superior. Against: City of Oklahoma City. Claim: Since Gibson was acting within the scope of his employment and under city-sanctioned training, the City is liable for his actions under Oklahoma law. Request for relief Vu's legal team is asking for the following: Declaratory judgement acknowledging that the Defendants' violated the Plaintiffs' state and federal rights as alleged. Compensatory damages: including, but not limited to, the monetary value associated with violations of legal rights, embarrassment, humiliation, physical and psychological harm, pain and suffering, life-threatening injuries, loss of enjoyment of life, and loss of consortium. Punitive damages as permitted by law. Equitable relief: an admission of the allegations stated in the lawsuit or any amended version of it, in writing, and an oral and written apology for same, in person from the Defendants. Attorney's fees and costs as permitted by law. Discretionary damages and relief. A jury trial. Reaction from defendants News 4 has reached out to all parties named as defendants in the lawsuit Monday for comment. This is a developing story, check back here for update. ...read more read less