By Philip Jankowski
Austin American-Statesman
AUSTIN — The arrest of three people accused of jaywalking on Sixth Street that was caught on video and went viral last year garnered new attention Monday after two of them filed a lawsuit against Austin police, saying that officers used excessive force and targeted them because of their race.
Jeremy King and Lourdes Glen sued four officers in federal court Monday, stating in court documents that the officers violated their free speech rights and ignored white people who had also jaywalked during the November arrest.
“I feel like what happened to me was unnecessary, especially for the infraction that it is stated that I committed,” King said at a news conference at his lawyer’s office Monday. “I want the officers to be held accountable. I want there to be change within their department.”
Both King, 22, and Glen, 24, were arrested and cited after crossing Sixth Street at Red River Street against a “do not walk” sign. Another person in the group, Matthew Wallace, was charged with resisting arrest in the incident.
The video depicts 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 the 23-year-old African-American, placing him in a headlock and striking him with their knees.
King is then seen being taken to the ground in the street, which caused him to have whiplash and mental trauma, the lawsuit says. Later, Glen is arrested after yelling questions to the officers.
The two who have sued were part of a group of five friends who were visiting from San Antonio to attend Fun Fun Fun Fest. They were on their way to be picked up by an Uber vehicle when the encounter with Austin police occurred.
Their attorney, Brian McGiverin, said the officers acted in a racist manner because they initially detained the only two African-Americans in the group. Glen is Latino, and the other two people in their group were white.
“It is unusual to see such a stark example of racism like that, but I don’t think (racism) is unique in these misconduct cases,” McGiverin said.
The officers named as defendants in the suit are Richard Muñoz, Brian Huckaby, Gustave Gallenkamp and Vanessa Jimenez.
McGiverin, who said he usually discourages people from suing a police department while a criminal charge involving possible jail time is pending, advised Wallace not to be part of the lawsuit. Wallace could face up to 180 days in jail if convicted on the resisting arrest charge.
King’s jaywalking charge was dismissed, and Glen’s is still pending. The worst she could face is a $200 fine, McGiverin said.
The city of Austin’s public information office provided the following statement on Tuesday:
“The City is aware of the lawsuit and is prepared to defend the Police Department,” the statement said.
Austin police officers often have been seen on video using force against people near Sixth Street. Records show police apply force in the area far more often than in any other part of the city.
This story has been edited from its original version to add a statement from the city of Austin.
Copyright 2016 Austin American-Statesman