Plano Police Officer Accused of Using Excessive Force Against Woman With Cerebral Palsy

Plano, Texas

A disabled woman is suing the city of Plano, saying a Plano police officer violated her civil rights when he used excessive force against her.

Michelle Lucille Spikin is suing the city of Plano and asking for $1 million in compensatory damages for an incident that took place in April 2009.

Spikin suffers with Cerebral Palsy. Court documents filed in the U.S. District Court in East Texas state provide details of a brain injury at birth, which left her with partial paralysis and some cognitive impairment.

The incident happened two years ago, when Spikin was following her boyfriend in a separate vehicle after they had a conflict. The boyfriend pulled into the Plano Police Department parking lot and started to make a complaint against Spikin. The documents say she left the parking lot to go home, but she was pursued by a Plano police officer with lights and sirens.

Spikin says she pulled over into a parking space and opened her door to speak to the officer. She drives a car with specialized gears near the driver's side of the vehicle, which she believes the officer would have been able to see as he approached.

Documentation of the account continues to say that the officer ordered Spikin to exit the vehicle, which she attempted with some difficulty. Spikin lost her balance and landed back in the front seat of the car, at which time the officer once again asked her to get out of the car.

The officer allegedly pulled her from the vehicle and detained her on the ground, partially facedown. Spikin says the force was enough to crack and break her glasses in the process. The officer handcuffed her and, using the handcuffs and the side of her pants, pulled her up to her feet.

Spikin says she fell on the way to the patrol vehicle, and a second officer came to assist the first officer in escorting her to the police vehicle. The entire incident, she says, resulted in "severe bruising, abrasions and cuts" over her arms, hands and body.

While Spikin was charged with "fleeing" once she was taken back to the Plano Police Department, the charges were later dismissed by the Collin County District Attorney.

In the lawsuit, Spikin claims she never posed a significant threat and that the officers used excessive force in their wrongful and unconstitutional seizure.

This week, the Plano City Council approved legal counsel for the Plano police officer involved. The costs will be covered by the city's Property/Liability Loss Fund.

Officials from Plano Police Department have not commented on the lawsuit.