AUSTIN, Texas — One man is suing the City of Austin after he claims he was wrongfully arrested when his now ex-wife called 911 to report she was assaulted in their home, even though the arresting officer testified he believed the plaintiff did not commit the crime.
According to the lawsuit, the Austin Police Department had a policy at the time of the man's arrest that officers must always make an arrest when they are called to respond to allegations of domestic violence, even when officers do not believe that there is probable cause to arrest anyone for a crime.
The suit stems from a March 10, 2018, incident in which the plaintiff claims his former wife called police to allege that he assaulted her at their Austin home. When the officer arrived, he reportedly found the plaintiff sitting outside. Documents state the officer noted that he was "not angry, agitated, or aggressive. Instead, [the man] appeared dejected, and was simply holding his head in his hands."
The lawsuit states that the plaintiff was "very reasonable" at all times he interacted with the officer as he was locked outside of his home. Upon interviewing the wife, the suit states the officer “didn’t notice anything that [she] would appear to be injured.”
Despite this, the suit states the officer arrested the plaintiff. And, in subsequent hearings, documents claim the officer testified that he did not believe the wife and he would not have arrested the man had it not been for the APD policy.
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The plaintiff claims his ex-wife, who he shares three children with, called police to help bolster her divorce and custody arguments. While he was in jail for five days, the suit states she fled to Turkey with the children. He claims she has refused to comply with court orders to return to the U.S. with them.
Documents state that the plaintiff has been made the sole managing conservator of the children by the Travis County District Court in the couple's final divorce decree. However, she has reportedly used his arrest in multiple legal filings in Turkey in her own efforts to deny him custody of the children.
The lawsuit lists the arresting officer and the City as the defendants and seeks compensatory and punitive damages, including attorney fees.
The City of Austin released the following statement:
“We are familiar with this lawsuit and stand ready to defend the City.”
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