BRAZORIA COUNTY, Texas (KXAN) - The Texas Department of Public Safety is facing another lawsuit over invading a person's privacy.
Two women were heading home from Surfside Beach, south of Houston, last Memorial Day when a trooper pulled them over. The trooper smelled marijuana and insisted on a cavity search.
"The male officer, his words verbatim, were, we're gonna get familiar with your womanly parts," Brandy Hamilton said.
Hamilton and Alexandria Randle spoke publicly for the first time since filing a lawsuit against the state and Brazoria County after cavity searches on the side of State Highway 288 on Memorial Day in 2012.
"We were just assaulted in the worst way possible," Randle said. "We weren't asked could we be touched. It was just done to us. I'm just embarrassed."
It was all caught on a 40 minute dash cam video as a DPS trooper pulled the two over. The trooper said they were speeding, then said he smelled marijuana in their car. The women both deny they had any drugs.
The trooper called a female DPS trooper to search the two on the side of the road in full view, they believe, of the trooper and three Brazoria County Sheriff's deputies.
"You're going to go up my private parts? " Hamilton can be heard asking on the dash cam video.
"Yes ma'am, that's why they called out a female," the trooper responded.
"She pretty much forced my legs open because I wouldn't even open my legs," Hamilton said.
Their lawsuit claims that their constitutional rights were violated because of the unlawful search. The women said searching them on the highway was not the right place.
"Not on the side of the road in broad daylight, in the middle of the day on Memorial Day while there is traffic going down the highway," Hamilton said. "That is ridiculous!"
DPS said it conducted an internal investigation into the case.
Trooper Jennie Bui, the female officer brought to the scene, was fired last week, and trooper Nathaniel Turner was suspended. DPS also said the department does not tolerate any conduct that violates the US and Texas Constitutions or DPS Policy.
This follows another indictment from almost a year ago by a then DPS Trooper in Dallas County. Dash cam video showed a female trooper performing a body cavity search on a woman and her adult niece after a traffic stop. The trooper claiming she "smelled marijuana".
The women were originally pulled over for littering and no drugs were found. In June, the state reportedly settled a lawsuit filed by the woman for $185,000 dollars. One of the troopers was fired and another was suspended.
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