(WXYZ) - You be the judge before this case could be decided by a judge and jury.
The dash cam video shows Dearborn Police arrest 27-year-old Ali Baydoun back in December at 4 a.m. in the morning.
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He was riding his bike to his mother's house. Police say they were checking the area after some stolen car cases.
Baydoun would not produce ID, resisted being handcuffed, resisted being taken down and kept saying no, no, no.
Attorneys say, Baydoun is "mentally challenged" moved here from Lebanon six years ago and speaks broken English.
He had stopped to fix the chain on his bike. In the video, you can see one officer use his knee to subdue Baydoun while he is on the ground and being held by other officers.
Attorneys have filed a Civil Rights Complaint against the Police Department and plan to follow it up with a federal lawsuit alleging excessive force, false arrest and assault and battery.
Dearborn Mayor Jack O'Reilly says he's reviewing the case with the Police Chief. The Council on American Islamic Relations plans to discuss the case at a news conference on Thursday in Dearborn.
Dearborn Police Chief Ron Haddad talking only with 7 Action News says an internal review of this case found no excessive force and officers used proper procedures including an officer using his knee to subdue the man while he was on the ground and being held by other officers.
The City of Dearborn released the following statement on Wednesday evening:
"A thorough Police Department review of an incident in December 2013 involving Ali Beydoun, who resisted police officers’ lawful instructions, resulting in the necessary use of force, showed the officers acted and reported the incident appropriately and according to approved department protocols.
A videotape of the incident, which occurred at 4:47 a.m. on December 7, 2013 shows a physical encounter that resulted from Mr. Beydoun resisting a pat down for weapons.
However, what attracted the officer’s attention to this individual incident is not
given on the video. Mr. Beydoun was not dressed properly for the 20 degree weather that December morning. Despite riding his bicycle in the street, his bike did not have a light and he disregarded several stop signs.
Mr. Beydoun was on a bike at 4:47 a.m. in a neighborhood that has experienced auto thefts and break-ins. It is common for criminals to use a bike when traveling to an area to steal cars. Autos have been stolen in cold weather when owners start them, but leave them unattended to warm up.
Mr. Beydoun could not produce an I.D. when asked to do so by the officer, nor could he answer where he had come from. The officer then indicated that he was going to conduct a pat down for weapons. That is when Mr. Beydoun began to resist and pull away from the officer.
Mr. Beydoun did not appear to be injured following the incident. He was not arrested.
Once the incident was under control, officers cared for the well-being of Mr. Beydoun by transporting him to Oakwood Hospital for suspected mental health issues. A family member was contacted.
The family member told police that despite his behavior during the incident and his lack of ability to clearly communicate with officers, he did not take medications, did not have a mental health diagnosis or have a known mental illness."