Texas City cops say woman's suit shows no evidence of brutality

John Suayan, Galveston Bureau May 9, 2011, 2:42pm

GALVESTON - The city of Texas City entered a motion of summary judgment to dismiss the remaining claims a Texas City woman lodged against it in a lawsuit alleging police brutality.

Court documents filed April 21 in the Galveston County 56th District Court request Judge Lonnie Cox to strike down Signora Lynch's claims under the Fourth and Fourteenth Amendments and the Texas Constitution.

Lynch sued the city last Oct. 1, complaining that Texas City police officers took her into custody in October 2007 for alleged assault, and then in October 2008, again on assault charges.

The plaintiff alleges authorities applied excessive force in each arrest, claiming the 2007 incident left her with a torn rotator cuff which required surgery. She insists the 2008 arrest occurred because police entered her home without a warrant.

She recalls being grabbed and spat on during the arrest as well as suffering additional injuries to her back, neck and knees after sitting in the back of a patrol car for more than two hours.

The charges from that arrest were later dropped.

The officers who reportedly carried out the most recent of the two arrests are named defendants in the case.

The city had a partial summary judgment granted last March 29, being absolved of Lynch's Texas tort claims of assault and battery, false imprisonment, intentional infliction of emotional distress and malicious prosecution.

Its latest request contends "there is no evidence of a wrongful act by the city under any federal law" and imposes the plaintiff to prove a wrongful act, imminent harm, irreparable injury and no adequate remedy at law.

Lynch seeks unspecified monetary damages and a jury trial.

She is represented by Baunchand & Assoc. and the Law Offices of John C. Osborne.

Viada & Strayer is representing the city.

Case No. 10-cv-3804

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