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 swimsuit that Austin’s race was “a considerable motivating purpose for the Metropolis’s discrimination” and that defendants meant to deprive Austin “of his enjoyment of the pursuits protected by the fitting to be freed from such conduct.”
The legal professional wrote within the lawsuit that at one level within the encounter, Katarina Richardson, the girl who known as police to report a restraining order violation on her ex-boyfriend, got here exterior and defined to officers that Austin was not the perpetrator however police continued to “apply power towards 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 automobile handed Austin. “Most likely,” one other cop responded. When officers acquired out of the automobile, Austin could possibly be seen taking out the trash. “Flip round for me,” one of many cops instructed him. When Austin requested why, the officer responded with, “as a result of I instructed you to.” Regardless of the producer’s clarification that he lived there and the officer’s additional admission that “I don’t know who I’m searching for,” Austin instructed Los Angeles Instances he was thrown towards a wall in an arrest that left each he and his girlfriend bloody. Michlewicz was initially inside when officers arrived however got here exterior in her gown to ask officers why they have been handcuffing Austin, in keeping with 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 legal professional acknowledged within the swimsuit. “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 acquired tackled to the bottom.” Austin screamed her title and yelled for “assist” within the footage. “I simply need justice served,” he later instructed the Los Angeles Instances.
Warning: The next video could also be triggering to some viewers and accommodates police violence and profanity.
Gill acknowledged within the lawsuit:
“Through the incident on Could 24, 2019, at round 3:00pm, LAPD officers repeatedly assaulted and positioned Mr. Austin in extreme apprehension of worry 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 cherished 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 have 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 digicam footage of the incident.
Mr. Austin and Ms. Michlewicz have been subjected to hours of imprisonment till they have been lastly launched on bail round 3am the subsequent morning.”
Gill is searching for a minimum of $2 million in compensatory, common, statutory, and particular damages for his purchasers.
Learn journalist Jasmyne Cannick’s transcript of the 911 name 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 towards.
Operator: And he’s at your own home proper now?
Caller: Um, I imagine he’s. Um, he’s down the road.
Operator: Are you on the home?
Operator: What’s the handle?
Caller: The handle is by Fats Sal’s?
Operator: However you don’t know what the precise handle is?
Operator: Are you continue to there?
Operator: Ma’am are you continue to there?
Operator: I’m sorry?
Caller: I’m going to come back to the police station proper now.
Operator: The place are you?
Operator: What’s the handle of the place you suppose this particular person is?
Caller: By Fats Sal’s.
Operator: You don’t know the handle there or the–
Operator: Are you able to inform me what handle you’re at?
Caller: Um, in a automobile.
Operator: Are you able to give me an intersection or an handle of the place you’re?
Caller: No. I feel it’s okay I’m coming into the station proper now.