The city of Bastrop and multiple officers representing the Bastrop Police Department were named in a federal lawsuit filed Wednesday evening alleging excessive force and disability discrimination against a mentally disabled resident.
The lawsuit — filed in Austin in the U.S. District Court’s Western District of Texas by 31-year-old former Bastrop resident Erika Robertson — names the city of Bastrop, officer Brandon Newton and Sgt. Clint Nagy as defendants, alleging the city failed to provide reasonable accommodations for people with mental illness after the two officers allegedly attacked Robertson when she posed no danger to anyone, according to court filings.
Officials with the city of Bastrop said they are aware of the lawsuit, but declined to provide an immediate comment.
According to case files, Robertson has suffered from a congenital heart condition since childhood in addition to severe depression and schizophrenia, which reportedly causes her to hear voices telling her to hurt herself. Robertson also suffered from a stroke in 2011, causing limited mobility and slowed speech.
The suit alleges that on Jan. 13, 2013, Robertson sought out help at a local fire station after she heard voices telling her to hurt herself. After speaking with a fire fighter at the station, Bastrop Police Department officials, including Nagy and Newton, were called to the scene after the fire fighter informed officers that a mentally ill person was at the station, according to court documents.
Upon arrival at the fire station, officers allegedly secured the scene after Robertson told them she was suffering from hallucinations and needed medical attention. According to case files, Robertson then told officers that she was feeling ill and needed to vomit. She was allegedly directed by officers to throw up on the corner of the building “so that no one will have to clean it up.”
The suit then alleges that upon following officer’s commands, Robertson was tackled without warning by Nagy as she walked to the corner of the building. Newton then allegedly deployed his taser into Robertson’s abdomen and thigh for roughly five seconds, according to court filings.
The suit alleges that Newton and Nagy used unnecessary force when confronting Robertson. The suit also alleges the city of Bastrop failed to accommodate residents with disabilities by not having a mental health officer available to respond to situations where a mentally ill individual needs medical assistance, as required by the federal Rehabilitation Act, according to court documents.
For more, see Saturday’s Bastrop Advertiser.
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