KENOSHA, WI (WLIP & AP)–Kenosha Police have responded to an Illinois man who filed a federal lawsuit.

It alleges an off-duty police officer improperly put his knee into his 12-year-old daughter’s neck during a fight at Lincoln middle school last year.

Jerrel Perez, of Zion filed the lawsuit Monday in federal court in Milwaukee against the officer, Shawn Guetschow, the city of Kenosha and the Kenosha Unified School District.

Kenosha Police say they learned of the suit on Monday.

The city attorney said the city hadn’t been served yet.

Perez alleges that Guetschow used excessive force when he broke up a fight between his daughter and another student last March and restrained his daughter by putting his knee on her neck.

Police say Guetschow returned to active duty January 31st after three separate investigations found no wrongdoing and no crime committed.

An attorney for Guetschow and the school district promised to mount a vigorous defense.

WLIP’S PETE SERZANT AND THE AP CONTRIBUTED TO THIS REPORT