Breaion King refiles lawsuit against city of Austin

Breaion King in an interview with KXAN on July 22, 2016 (KXAN Photo)
Breaion King in an interview with KXAN on July 22, 2016 (KXAN Photo)

AUSTIN (KXAN) — Breaion King, the woman seen on dash camera video being slammed to the ground by an Austin police officer in June 2015, has refiled her lawsuit against the city of Austin.

In October, U.S. District Judge Sam Sparks dismissed the lawsuit against the city, but the suit against Officer Brian Richter is still ongoing. Judge Sparks found King’s claims of racism and excessive force against the city were made “without any specific factual allegation.” However, King was given the option to file an amended lawsuit, along with a word of caution from Judge Sparks to avoid a similar lack of factual allegations. Sparks said, if that were the case, court costs could be taxed to King.

King, an elementary school teacher, filed the civil lawsuit for the first time in August. The video showing the arrest came to light in July. As she exits her car in a fast food parking lot on East Riverside Drive, near Burton Drive, Officer Richter is seen ordering her to get back in her car as he initiates a traffic stop.

When the officer asks King to put her feet inside the car, the situation escalated. Richter asked her to get out of the car and then pulls her, throwing King to the the ground.

Breaion King in an interview with KXAN on July 22, 2016 (KXAN Photo)
Breaion King in an interview with KXAN on July 22, 2016 (KXAN Photo)

Another officer’s racially charged comments towards King led former Police Chief Art Acevedo to say he was “sickened and saddened” by the ordeal, making a public apology to King for the way she was treated. “I’m sorry that on the day you were stopped for going 15 miles an hour, you were approached and treated in a manner that is not consistent with this police chief and department,” Acevedo said, addressing King.

Last month, a Travis County grand jury decided not to indict Richter for his use of force. Video released in October showed past use of force incidents involving the officer, who has charged more people with resisting arrest than any other APD officer in the past decade.