APD Officers Named in Excessive Force Suit

A woman who received 60 stitches following her arrest in 2017 has filed a lawsuit against two Austin Police officers for using excessive force against her. According to the federal lawsuit filed on June 20, Breanna Williams says APD officers Nathan Canche and Vanessa Jimenez threw her face-first into the backseat of their squad car while she was handcuffed, which caused her to hit a seat belt receiver and severely injure her face. Williams says that along with a deep and bloody laceration over her eye, she suffered emotional, physical, and professional distress. The lawsuit says the use of force was "unnecessary and unreasonable" and asks for compensatory and punitive damages against the officers.

"My life changed significantly that day," Williams says. "I was severely injured and developed post-traumatic stress disorder. It has hung like a cloud over me. The lasting physical and emotional damage made it impossible for me to continue working in my field, which required me to interact with the public."

On the night of the incident, Williams went to the bathroom of a Downtown hotel because she was planning on staying the night there and needed to dry off from the rain, according to the lawsuit. A hotel employee walked into the bathroom and accused Williams of doing cocaine, which led to a hotel security officer eventually tackling her. According to the arrest affidavit written by Canche, Williams was arrested for "aggressive" and "dangerous behavior" and for resisting arrest when police attempted to put her in the car. Williams denied these allegations in a press conference held on June 20.

Canche wrote in the affidavit that the forward force of the officers, along with the wet conditions and Williams' defensive actions, caused her to slip and hit her face on the receiver. "Her hands being handcuffed behind her back – not allowing for her to brace herself during the fall – resulted in her injuring herself by receiving a laceration near her left eye," Canche wrote. Williams says her injuries have shattered her confidence and made her feel worthless: "The scar on my face feels like a constant reminder to everyone that I'm damaged."

Austin-Travis County EMS medics took her to a hospital before she was booked into jail and charged with public intoxication, resisting arrest, and two charges of simple assault, according to the Austin Community Law Center; her attorney Brian McGiverin says these charges were dismissed in September 2018. "It is always disturbing when the police abuse the trust we put in them and hurt an innocent person. Breanna was handcuffed when they threw her down. What they did was an unconstitutional use of force on someone being arrested, and more pointedly, it was cruel," McGiverin says.

The ACLC says Williams previously filed a complaint with Austin's Office of Police Oversight, but it was rejected because it was not filed within 180 days of the incident – the deadline to discipline officers for misconduct. Austin Police referred a request for comment to city spokesperson David Green, who says the city of Austin had not been served with the lawsuit as of Friday, "but we are familiar with the incident and are prepared to defend the city and the officers."