Second suit filed against Austin police over violent jaywalking arrest


Highlights

Matthew Wallace, 25, was one of three people who were forcefully arrested for jaywalking in 2015.

Wallace said Thursday he’s suing Austin police for excessive force.

The other two people involved in the incident filed their own lawsuit against Austin police last year.

One of the men who were violently arrested for allegedly jaywalking downtown in a 2015 incident caught on camera has sued the Austin Police Department, accusing officers of using excessive force and targeting him because he is black.

The federal lawsuit, the second to stem from the case, was announced Thursday at a news conference on the steps of City Hall. It also alleges the Police Department tried to whitewash the incident by clearing the officers involved.

“Like any job, if I was to do that to someone I serve, I would definitely be fired,” said 25-year-old Matthew Wallace, who was one of three people forcefully arrested in the early morning hours of Nov. 6, 2015. “They’ve been exactly the opposite; they’ve been exonerated for what they’ve done.”

WATCH: RAW video of jaywalking arrest (explicit language)

City of Austin spokesman David Green said the city hasn’t yet been served with this new lawsuit, which comes a year after Travis County prosecutors declined to press charges against Wallace for allegedly resisting arrest.

Officers arrested Wallace, Jeremy King and Lourdes Glen for allegedly crossing East Sixth Street at Red River Street against a “Do Not Walk” sign.

Video of the incident shows six officers arresting King and Wallace while Glen yells at the officers to stop. As three officers take Wallace to the ground and place him in handcuffs, they can be seen punching him, placing him in a headlock and striking him with their knees.

“He was accused of only jaywalking, posed no threat to (the officer’s) safety, and was neither resisting arrest nor evading arrest,” the complaint argues. The officers “used force that far exceeded what was necessary to achieve a law enforcement objective.”

King and Glen were cited for jaywalking and filed their own lawsuit in federal court against Austin police last year. Their suit alleges that officers Richard Muñoz, Brian Huckaby, Gustave Gallenkamp and Vanessa Jimenez used excessive force and racially discriminated against them. That case is ongoing.

Wallace’s lawsuit names Huckaby, Gallenkamp and Jimenez and four additional officers — Daniel McCameron, Nathan Canche, Jared Retkofsky and Michael Cowden, an Internal Affairs division officer.

“The Internal Affairs Division’s Michael Cowden ignored video evidence showing the officers and false statements and recommended the complaint be dismissed, which it was by then-Chief Art Acevedo,” the lawsuit claims.



Reader Comments ...


Next Up in Local

LSU football legend, Heisman Trophy winner Billy Cannon dead at 80
LSU football legend, Heisman Trophy winner Billy Cannon dead at 80

Billy Cannon, the 1959 Heisman Trophy winner who led Louisiana State University to a national title in 1958, died Sunday, The Advocate of Baton Rouge reported. He was 80. Cannon, a running back, is the only player in LSU football history to win the Heisman. His famous “Halloween run” -- an 89-yard punt return in the fourth quarter...
South Carolina authorities searching for 3 escaped inmates
South Carolina authorities searching for 3 escaped inmates

South Carolina authorities are searching for three inmates -- two of whom are charged with murder -- who escaped from a jail, WRDW reported. The Orangeburg County Sheriff's Office said in a Facebook post that the trio escaped from the county detention center Saturday night and that all are considered dangerous. The three inmates were identified...
Police: 13-year-old in custody after 2 children shot in Central Florida city
Police: 13-year-old in custody after 2 children shot in Central Florida city

Two children were hospitalized after being shot in a Central Florida city Saturday evening and a 13-year-old boy was in custody, police said.  The incident occurred shortly before 6 p.m. in the Brevard County city of Palm Bay. Two juvenile victims, who police did not identify, were taken to nearby hospitals in serious but stable condition, police...
Patrick blames ‘violent culture,’ not guns for Santa Fe school shooting
Patrick blames ‘violent culture,’ not guns for Santa Fe school shooting

Lt. Gov. Dan Patrick Sunday blamed the school shooting in Santa Fe on “a violent culture where we devalue life,” citing violent movies and video games, bullying on social media, and abortion, and calling for arming teachers who he said should be part of the militia envisioned by the Second Amendment “We cannot sit back and say it&rsquo...
North Carolina deputies find nearly $91 million of liquid meth on truck
North Carolina deputies find nearly $91 million of liquid meth on truck

Deputies in North Carolina on Saturday seized a tractor-trailer containing $90.8 million worth of liquid methamphetamine in the driver's side fuel tank, WTVD reported. Raul Topete Arreola, 49, and Aquileo Perez Pineda, 48, were charged with three counts of trafficking methamphetamine, according to the Harnett County Sheriff’s Office. Deputies...
More Stories