Judge allows taser case against the City of Lubbock - KCBD NewsChannel 11 Lubbock

3/10/10

Judge allows taser case against the City of Lubbock

LUBBOCK, TX (KCBD) -

By Brittany Pieper  - bio | email

LUBBOCK, TX (KCBD) - A woman arrested for public intoxication still gets to take the City of Lubbock to court. 

In September of 2009 Lubbock Police Officer Sadie Hockenberry stopped a vehicle in which Belinda Sarabia was a passenger. Hockenberry tased and arrested her for public intoxication. According to Sarabia's suit, she claims Hockenberry unlawfully ordered her to get out of her car, and then tased her repeatedly as many as 20 times for not getting out during the traffic stop. Sarabia says she never threatened the officer, and is suing for excessive force.

In court documents, the City of Lubbock claims the actions of officer Hockenberry were reasonable, and that the plaintiff's rights were not violated.

The city tried and succeeded in getting part of the case thrown out. Judge Sam Cummings ruled to dismiss punitive damages because the city is immune from punitive damages in civil rights suits, but he denied the officer's motion to dismiss the entire lawsuit.

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