'Don't put your hand on his throat!': Video shows three Menomonee Falls officers arrest boy, family alleges he was choked

MENOMONEE FALLS, Wis. (CBS 58) -- We have new video of three Menomonee Falls police officers arresting a 13-year-old boy.

That boy is now taking action against the police department, alleging the officers violated civil rights.

The boy's attorney says this escalated May 21 from a misunderstanding. He said one of the officers is a school resource officer at North Middle School in Menomonee Falls.

The attorney alleges the boy was choked. The police department is defending the officers' actions.

The officers are on top of the boy as the cell phone video begins, trying to restrain him.

"Relax," they tell him. "Go to your stomach. Go to your stomach."

The school resource officer is in the middle and puts his hand near the boy's neck.

His grandfather and sister are behind the camera.

The grandfather says to the officers, "Don't put your hand on his throat! Come on. Hey." The officer replied, "He's not. Stop." But the grandfather said, "Yes, he is." And the boy's sister can be heard saying, "His hand is on his throat."

Young children can be heard in the background.

The boy is distraught and in tears throughout the incident.

"I didn't f***ing do anything!" The boy cried.

The three officers eventually flip the boy over and handcuff him.

The Menomonee Falls Police Department confirms officers were "attempting to take a juvenile into custody."

They told us in a statement, "our department’s initial conclusion is that our officers’ actions were both reasonable and justified."

Police said, "details of the underlying offense cannot be disclosed" because of the boy's age.

The boy's attorney said it started some time before: the 13-year-old boy was in the shower when his 11-year-old brother took a photo of him.

The 13-year-old said, 'I'm going to tell on you,' but the 11-year-old told the school resource officer the opposite, that the 13-year-old took a photo of 11-year-old in the shower.

The SRO left the school and went to the house with two other officers.

The attorney said things escalated and the officers threw the boy to the ground.

That's when his sister started filming.

While the attorney alleges the boy was choked, police told us, "One officer placed his hand momentarily in the area of the juvenile’s shoulder and neck area as he flailed about."

They added, "This action was an attempt to secure the juvenile’s torso while another officer attempted to secure the individual’s lower body."

The attorney said the officers were "punishing this kid," "they shouldn't have a job anymore," and the SRO is "a danger to all students."

It's unclear where the boy was taken or for how long.

At one point in the video, the grandfather asked officers, "Are you guys bringing him back or what?" An officer replied, "Potentially. We don't know yet, ok?" The grandfather asked, "Potentially? Potentially?" And an officer said, "It's going to be his cooperation, too, on this."

The video ends with a disagreement over the boy's phone.

The boy yelled, "Do not give them my phone!" An officer said, "We had it," then asked, "Can we have his phone back, please?" The boy's grandfather said, "No, you can't. Unless you have a warrant for it. You told me you just was going to talk to him, and now you're taking him? You guys lied to me and stuff."

Menomonee Falls police told us the investigation is ongoing and no further information will be provided at this time.

We have plans to interview the boy and his attorney Thursday.