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UNT student’s lawsuit goes to federal court
Woman says university police used excessive force in wrongful arrest08:13 AM CDT on Monday, March 22, 2010
A University of North Texas student alleges she was wrongfully arrested by campus police and that they used excessive force, causing her injury.
Jasmine Montgomery filed a suit alleging her civil rights were violated by ex-UNT president Gretchen Bataille, Chancellor Lee Jackson, UNT Police Chief Richard Deter and several campus police officers.
The administrators were added to the suit because they allegedly failed to take corrective actions with their campus officers, documents state.
The suit, originally filed Jan. 20 in the 367th Judicial District of Denton County, was removed to the Eastern District of Texas federal court in Sherman on Feb. 22.
Montgomery said in the complaint that on Feb. 28, 2008, she was a passenger in a vehicle stopped by UNT police, who arrested the driver for driving while intoxicated.
Police officers later questioned and arrested Montgomery for public intoxication, after she was allegedly standing in the middle of the road.
Montgomery claims she wasn’t intoxicated and was trying to follow the officer’s instructions, documents state.
However, during the arrest, Montgomery alleged that an officer grabbed her by the wrist and forced her face-first against the hood of the police car, chipping her front tooth.
The officers said Montgomery lashed out at officers after removing her handcuffs, attempting to kick them with her high heels, the suit states.
Montgomery also claims police officers placed her in a squad car with a male prisoner, who allegedly assaulted her.
Later, she said, officers arrested her again on the same charge.
Montgomery — who is represented by Houston lawyer Sonya Chandler-Anderson — claims her civil rights were violated and accuses the police officers of unreasonable seizure, assault and conspiracy.
She is seeking damages of more than $150,000 for medical damages, emotional distress, false arrest and imprisonment, assault and punitive damages.
The UNT defendants filed a motion March 4, asking Montgomery to detail the claims brought against each defendant.
U.S. District Judge Michael H. Schneider will preside over the case.
CANDACE CARLISLE can be reached at 940-566-6889. Her e-mail address is ccarlisle@dentonrc.com .
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