GALVESTON - A local state district judge has granted the city of Texas City's motion for summary judgment in a police brutality lawsuit.
Galveston County 56th District Court Judge Lonnie Cox approved the city's request to dismiss Signora Lynch's claims under the Fourth and Fourth Amendments and the Texas Constitution with prejudice on June 7.
The city had a partial summary judgment granted March 29, absolving it of Lynch's claims of assault and battery, false imprisonment, intentional infliction of emotional distress and malicious prosecution.
Texas City, its police department and Galveston County are defendants in a case filed Oct. 1 alleging Lynch was a target of false arrest.
The Texas City resident claims police officers took her into custody for alleged assault in October 2007 and again in October 2008.
She says authorities applied excessive force in each apprehension, claiming the 2007 incident left her with an injury requiring surgery and the 2008 arrest was carried out without a warrant.
The officers who reportedly carried out the most recent of the two arrests are named defendants in the case. Charges in the incident were dropped.
According to the 17-page motion entered April 21, "no evidence exists that the final policymaker promulgated any policy that was a moving force of any violation of the plaintiff's constitutional or statutory rights."
It also insists that the city did not participated in any conspiracy and there is no Texas constitutional tort.
Case No. 10-cv-3804