MCKINNEY (CBSDFW.COM) – The 15-year-old girl seen on video as former McKinney police officer Eric Casebolt slams her to the ground during a 2015 pool party, has filed a federal lawsuit.READ MORE: MLK Day Off To A Cold Start, Sunny Skies Ahead With Highs In Lower 60s
Dajerria Becton and her legal guardian, Shashona Becton are suing Casebolt, the McKinney Police Department and the city of McKinney for $5 million.
Cellphone videos recorded in May 2015 showed Casebolt, ordering the teen to the ground, forcing her onto her stomach and placing his knees on her back.
Despite the evidence, Dallas civil attorney Rogge Dunn said Becton’s case will be difficult to win.
“To prevail against a governmental entity on this type of constitutional violation, you have to show a pattern and practice by the city of this type of constitutional violation. That’s tough to do,” he said.READ MORE: It Was Demolished After Being Damaged In A 2019 Tornado, But Today Fish City Grill Reopens
Dajerria and her guardian claimed that Casebolt’s use of excessive force caused physical injuries, along with psychological distress that continues to this day.
Casebolt resigned shortly after the incident. A grand jury did not indict him on any charges.
Dunn said the video will be tough to defend.
“He can’t deny that he took a 15 year old female dressed in a bathing suit and put his knee in her back and later drew a gun. If the officers actions were not consistent with what a jury would expect, then there is potential liability for the city,” he said.
In a statement the city said they deny the claims and will fight the lawsuit.MORE NEWS: No Home Field Advantage For Dallas Cowboys As They Shoulder Another Playoff Loss
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