Federal Lawsuit Filed Against Officer In Graphic Video

A lawsuit has been filed against the officer who appears in a video slamming a handcuffed 18-year old to the ground.

The lawsuit lists now 19-year old Alexis Acker as the plaintiff and Officer Tyler Walker and Colorado Springs Police Chief Pete Carey as defendants.

The lawsuit claims Chief Carey did not properly train his employees.

"I was scared. I just saw him come at me and I was just like curled up a little bit and that's when I felt him grab the back of my neck," said Acker when 11 News spoke to her in early July.

Her lawsuit claims Walker used excessive force and that Acker never actually kicked the officer in the video.

"Ms. Acker did not contact Officer Walker with her foot but rather contacted the clipboard he was holding in his left hand," the claim reads.

According to the police report, Walker said her boot hit him above the groin area.

"I felt immediate pain and became greatly aggravated due to Ms. Acker's continual kicking despite all my failed attempts to get her to calm down."

The claim goes on to say that Acker's attorneys believe that if the officer was hit, the video would have shown the officer flinching, moving or reacting in some way before he throws Acker to the ground.

Although the lawsuit doesn't list an exact amount Acker is suing for, a notice her lawyer sent to the city of Colorado Springs earlier said they may seek up to $500,000 in damages.

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PREVIOUS COVERAGE: 11 News has learned that while the Colorado Springs Police Department received the video surveillance showing the altercation between Officer Tyler Walker and 18-year-old Alexis Acker in December 2013, it wasn't until July 2014 that they launched an internal affairs investigation.

The Colorado Springs Police Department told 11 News that the investigation into Officer Walker's behavior that day is still ongoing. It is not clear why a decision has not been made.

11 News also confirmed that Officer Tyler Walker is the son of the former Deputy Chief of Police, Rod Walker.

Rod Walker had retired in March 2012, about a year and a half before the recorded incident at Memorial Hospital.

PREVIOUS COVERAGE:

A newly surfaced video of a Colorado Springs police officer shows him throwing an 18-year-old girl on the ground inside a hospital.

Alexis Acker was arrested in November 2013, after she reportedly interfered with the arrest of her boyfriend, who had a warrant out for him.

According to a police report written by Office Tyler Walker, she was drunk and became "physically combative and kicked both Sgt. M. Walsh and myself several times."

Walker's police report also said, "I then explained to Ms. Acker it was very stupid for her to kick at police as she was now under arrest for assaulting an officer."

Walker notes in his report that, at that time, he was "able to easily physically control Ms. Acker out of the house" describing himself as 6'3" tall and approximately 210 pounds. He describes Acker as 5'4" and 110 pounds.

Officer Walker then took Acker to Memorial Hospital, which is where the video was captured.

There's now a pending lawsuit resulting from the incident.

In the video, the 18-year-old is in handcuffs and is being escorted by Officer Walker.

In Walker's police report, he said when Acker refused to sit down in a chair, he pushed her. The video shows her trying to kick him and that's when he picks her up out of the chair and slams her face down on the ground with her hands still handcuffed behind her back.

"She has injuries that will be permanent. Not only the dental, the jaw. She has a head injury. I think she is still with her doctors trying to get to the bottom of what that is," said Acker’s criminal attorney Cindy Hyatt

According to the police report Walker said her boot hit him above the groin area, "I felt immediate pain and became greatly aggravated due to Ms. Acker's continual kicking despite all my failed attempts to get her to calm down."

"I know it's a difficult job to be a patrol officer, but no matter what she was saying, I cannot imagine there is anything you can say that can justify but having your face slammed into a floor while you are handcuffed,” Hyatt said.

The arrest report and the surveillance video was given to the District Attorney's office in 2013 shortly after the incident occurred.

That evidence was later used to charge Acker with Assault on an Officer. Those charges were later dropped as part of a plea deal.

Officer Walker had been a police officer for 5 years when the incident happened. He was never charged with a crime.

The DA couldn't comment on the case Wednesday.

Neither could CSPD because there is a pending lawsuit.

11 News asked why this incident is coming up two years later.

Hyatt says it takes a while to do a civil lawsuit versus a criminal case.