Gill, who’s representing each Austin and Michlewicz, accused the town of illegal seizure, extreme power, failure to intervene, two counts of battery, and two counts of negligence within the lawsuit. He additionally alleged within the go well with that Austin’s race was “a considerable motivating cause for the Metropolis’s discrimination” and that defendants supposed to deprive Austin “of his enjoyment of the pursuits protected by the precise to be freed from such conduct.”
The lawyer wrote within the lawsuit that at one level within the encounter, Katarina Richardson, the lady who referred to as police to report a restraining order violation on her ex-boyfriend, got here outdoors and defined to officers that Austin was not the perpetrator however police continued to “apply power in opposition to Mr. Austin.” The officers concerned within the incident haven’t been recognized publicly or within the lawsuit. They’re known as “Does” within the lawsuit.
The video begins with officers admitting they weren’t positive Austin was the person accused of home violence by the producer’s neighbor. “This dude?” one of many officers requested as their automotive handed Austin. “Most likely,” one other cop responded. When officers bought out of the automotive, Austin could possibly be seen taking out the trash. “Flip round for me,” one of many cops advised him. When Austin requested why, the officer responded with, “as a result of I advised you to.” Regardless of the producer’s rationalization that he lived there and the officer’s additional admission that “I don’t know who I’m searching for,” Austin advised Los Angeles Instances he was thrown in opposition to a wall in an arrest that left each he and his girlfriend bloody. Michlewicz was initially inside when officers arrived however got here outdoors in her gown to ask officers why they had been handcuffing Austin, in response to the lawsuit. “When one officer tried to position Mr. Austin in a choke maintain, Ms. Michlewicz positioned her hand on his hand and requested him to cease,” an lawyer acknowledged within the go well with. “In response, the officer pushed Ms. Michlewicz into the center of the road, disrobing her.
“Extra police then arrived on scene, tackling Mr. Austin and twisting his arms in painful positions.”
Michlewicz could possibly be heard in video saying: “I simply bought tackled to the bottom.” Austin screamed her title and yelled for “assist” within the footage. “I simply need justice served,” he later advised the Los Angeles Instances.
Warning: The next video could also be triggering to some viewers and comprises police violence and profanity.
Gill acknowledged within the lawsuit:
“In the course of the incident on Might 24, 2019, at round 3:00pm, LAPD officers repeatedly assaulted and positioned Mr. Austin in extreme apprehension of concern of bodily hurt to himself and his girlfriend and assaulted Ms. Michlewicz and positioned her in extreme apprehension for her security and that of her boyfriend, whereas subjecting Ms. Michlewicz to extreme emotional misery by assaulting her beloved one and disrobing her, leaving her bare in public in broad daylight.
The police then transported Mr. Austin and Ms. Michlewicz to the Hollywood police station, the place they had been positioned in a holding cell whereas officers left Mr. Austinbleeding and subjected them to mistreatment and mock, laughing at their expense whereas reviewing physique digital camera footage of the incident.
Mr. Austin and Ms. Michlewicz had been subjected to hours of imprisonment till they had been lastly launched on bail round 3am the following morning.”
Gill is searching for at the least $2 million in compensatory, basic, statutory, and particular damages for his purchasers.
Learn journalist Jasmyne Cannick’s transcript of the 911 call officers used to trace down Richardson’s location:
Operator: 911 emergency. Operator 493.
Caller: Hello. Yeah, I’ve a suspect that’s truly–he has–I’ve a restraining order in opposition to.
Operator: And he’s at your home proper now?
Caller: Um, I consider he’s. Um, he’s down the road.
Operator: Are you on the home?
Operator: What’s the deal with?
Caller: The deal with is by Fats Sal’s?
Operator: However you don’t know what the precise deal with is?
Operator: Whats up?
Operator: Are you continue to there?
Operator: Ma’am are you continue to there?
Operator: I’m sorry?
Caller: I’m going to return to the police station proper now.
Operator: The place are you?
Operator: What’s the deal with of the place you suppose this individual is?
Caller: By Fats Sal’s.
Operator: You don’t know the deal with there or the–
Operator: Are you able to inform me what deal with you’re at?
Caller: Um, in a automotive.
Operator: Are you able to give me an intersection or an deal with of the place you might be?
Caller: No. I believe it’s okay I’m coming into the station proper now.