Austin files motion to dismiss Breaion King’s lawsuit

Breaion King in an interview with KXAN on July 22, 2016_315680

AUSTIN (KXAN) — The city of Austin has filed a motion to dismiss a lawsuit filed by a woman who says she was slammed to the ground by an APD officer.

Breaion King, an elementary school teacher, filed the civil lawsuit back in August in federal court against the city and the officer Bryan Richter. She says she was subjected to excessive force and racial discrimination during a traffic stop in June of 2015. Dash camera video shows King slammed to the ground, dragged, and raised up by her hands, which were handcuffed behind her back.

“We were hoping to work out a settlement without having to file suit outside of court. We reached out to the city attorney’s office, we sent a letter to the mayor’s office, we were told by the mayor’s office he would call us, he never called us,” Erica Grigg, Breaion King’s attorney said.

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

The officer’s lights and siren were on when he pulled over 26-year-old King for speeding. As the cars come to a stop, King steps out of her car as Officer Richter approaches her. He asks her to get back into the car. King is sitting in the driver’s seat when the officer asks King to put her feet inside the car and from there the situation escalates.

When KXAN News spoke to King a few days after the video was released and immediately spawned conversations, she said she was confused about the whole situation.

“I was afraid for my life, that I have this man pulling me out of my car and I didn’t understand why, and it was pure fear, and I really wanted God to help me, I needed him to save me because I didn’t know what was going to happen,” King says. According to the lawsuit, King said Richter did not give her enough time to comply.

Performance evaluations of Richter show he has had a mixed record on the force. Richter was involved in three officer-involved shootings and has a high number of resisting arrest cases.

Mayor Steve Adler called the video of King’s arrest “deeply troubling.”

King and her attorney plan to respond to the motion by the end of the week.

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