City of Austin asks for dismissal of Breaion King lawsuit

AUSTIN - The city of Austin has filed a motion to dismiss a lawsuit brought by an Austin elementary teacher who was thrown to the ground by a police officer in June 2015 – an incident captured on video that garnered national attention.

The city routinely files such motions when it is the defendant in a lawsuit.

The motion claims that King made “vague” allegations in her suit and that the suit does not identify which police policy Officer Bryan Richter violated during the encounter.


“To recover a judgement against the city… A plaintiff must allege and establish that she sustained deprivation of a constitutional or other federally protected rights as a result of some official policy, practice or custom of that governmental entity,” the motion said.

Prosecutors are still reviewing Richter’s actions, and the department has an on-going administrative review into how Richter’s supervisors reviewed the incident. 




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