From [HERE] Witnesses and the family of a man charged with fighting with a police officer during an arrest claim that he wasn’t resisting while being beaten by police.

The family of Luis Rivera, 34, said Thursday they have between 25 and 30 witness accounts contradicting the police account and will file an internal affairs complaint for use of excessive force. “He surrendered, as a lot of witnesses seen,” said Rivera’s girlfriend, Estefania Cruz. “He never assaulted a cop.” Jewu Richardson, a community organizer, said a large number of witness saw Rivera being manhandled and assaulted.

On the ground, the officer repeatedly punched Rivera in the face, she said Thursday, as she stood outside police headquarters with a handful of supporters and Rivera’s sister. Police say Rivera violently struggled with Officer Roy Davis after fleeing from him. At one point during the preceding chase, Rivera allegedly called upon a man on a bike to hit the officer. The cyclist swung at Davis, striking him in the shoulder and knocking him into a chain-link fence.

Police spokesman Officer Dave Hartman said it was the officer “who was assaulted and knocked down,” resulting in a large contusion to his shoulder.  Rivera, who his under 5 feet tall and weighs less than 100 pounds, received more than a dozen stitches, his family said.