Couple in Kenosha Applebee's arrest may seek federal relief

KENOSHA, Wis. (CBS 58) -- Charges have been dropped against a couple that was assaulted by Kenosha police at an Applebee's, over the summer. Now, the couple says they may head to federal court. 

In July, Jermelle English Jr. was pushed down and repeatedly punched by an officer as English held his child in his arms.

“That’s battery. That’s assault," said the couple's lawyer, Kevin O'Connor.

The officers were looking for a suspect involved in a nearby hit and run and believed to have entered that Applebee's. 

“If y'all was doing y'all's job, y'all would have gone straight for the cameras and perimeter," said Shanya Boyd, the baby's mom. 

Boyd was pepper sprayed by an officer at the scene and her baby was taken away.

"I don’t know when the police started commandeering Applebee’s employees to start snagging babies from people," said O'Connor.

The suspect was found in the bathroom of the same Applebee's, but Boyd and English were still charged with resisting arrest and disorderly conduct. Boyd was also charged with possession of THC. 

“If they were not caught, would I still be the person that supposedly did the hit and run?" said Boyd. "Why? I have no explanation. I was just the mother protecting her child. I don’t know why," said Boyd.

After an internal investigation, one officer received a four-day suspension, the other a 10-day suspension.

“Their discipline was a paid vacation for a couple days," said O'Connor.

Now, charges against Boyd and English are dismissed. The couple lawyer says they may file a civil suit against the officers, the police chief, and even the restaurant.

"He [police chief] needs to stop playing lawyer and start playing police chief and start doing his job," said O'Connor.

O'Connor says Kenosha Police have one week after New Year's to reach out before they begin with a federal lawsuit. Boyd says she just wants justice for her family.

"All I hear is my child is screaming and I am a mother, and I cannot protect my child at the end of the day. What was a supposed to do?" said Boyd.