GALVESTON, Texas (CN) - A high school student claims a police officer called her into his campus office, where he fondled her breasts and assaulted her.
The plaintiff, B.C., says she was an 18-year-old senior at Brazoswood High School when Clute Police Officer Joe Matthew Mosqueda "called her name out from his office. He asked her to come in and talk about the Explorers post," B.C. says in her federal complaint.
She sued the city of Clute, its Police Department, Officer Mosqueda, the Brazosport Independent School District, its Superintendent Karen Holacka, Brazoswood High School Principal Steve Snell and others.
Clute is an hour south of Houston.
According to the complaint, when B.C. entered Mosqueda's office, "Mosqueda was dressed in his police uniform and wore a Taser gun and a pistol on his hip. [B.C.] sat in a chair by the door. In violation of her privacy, Mosqueda had [B.C.'s] file in front of him and referred to personal information he had on her, such as her home address, which made [B.C.] fearful and intimidated. Upon information and belief, Mosqueda obtained this personal information either directly from or with the cooperation of Sergeant Cheri Pate or another school official who had access to student computer files.
"Not long into the conversation, Mosqueda started asking [B.C.] questions that she thought were personal, such as about smoking, drinking, parties, whether she had any tattoos or body piercings. At some point, Mosqueda, a uniformed and armed police officer, instructed [B.C.] to close the door. Mosqueda then asked for her cell phone and he asked if she had anything 'bad' on it. [B.C.] jokingly replied that she did, although there was nothing inappropriate on her phone. Mosqueda then began looking through [B.C.'s] pictures on her phone. When admitting to the belly piercing, [B.C.] stood up to look at her pierced belly ring in the mirror in Mosqueda's office and commented that she needed to clean it. Mosqueda got up and said he would look at it and he reached out and touched her piercing and the surrounding skin. Mosqueda asked [B.C.] if her nipples were pierced and she replied that they were not. He advised her that she should let him tell her if she had the right kind and asked to see her nipple. [B.C.] reluctantly pulled her left breast up and showed the nipple to Mosqueda. He reached up and massaged her left nipple and breast and he told her she had nice breasts.
"[B.C.] sat back down. Mosqueda then asked why her chest was so red and [B.C.] replied that she had been tanning. At that point, Mosqueda got up from his desk and walked over to her chair, leaned down and attempted to kiss [B.C.] on the mouth. Mosqueda used an open mouth when he made contact with [B.C.'s] mouth. Mosqueda asked B.C. if she wanted him to stop and she nodded her head and said 'yes.' Mosqueda went back and sat down."
The complaint continues: "[B.C.] was in shock and was very scared at this point. She told Mosqueda that she had a boyfriend and this situation was making her feel uncomfortable. Mosqueda told her that high school relationships do not last and not to feel bad they had just kissed (although [B.C.] had not reciprocated the attempted kiss.)
"[B.C.] was visibly shaken and Mosqueda called her over to where he was sitting. Mosqueda took hold of both of her hands and was saying 'calm down, calm down,' as he pulled [B.C.'s] right hand toward the front of his pants. [B.C.] pulled her hand away and went back to the area of her chair. At that point, Mosqueda got up and came over to where [B.C.] was. When she stood up from picking her purse off the ground, Mosqueda slipped his hand up under her shirt and slid it up her stomach and fondled her breast. He then said 'how about you give me just one more kiss,' leaned in and again kissed her unreciprocated on the mouth. [B.C.] turned and opened the door and walked out, with Mosqueda following her. Mosqueda told her not to say anything or he would get fired. [B.C.] left school and Mosqueda transported her to her car in his patrol car. That evening, a shaken [B.C.] told her mother what had happened that day. An investigation was launched and both parties were interviewed, gave affidavits and took lie detector tests. Ultimately, Officer Mosqueda pleaded guilty to the criminal charges stemming from this incident."
Houston media reported that Mosqueda pleaded no-contest to official oppression and lost his license to be a police officer.
B.C. seeks damages from Mosqueda for false imprisonment, intentional infliction of emotional distress and assault and battery. She seeks damages from the other defendants for negligent hiring, negligent training, negligent supervision and negligent retention.
She is represented by Wayne Collins with Collins, O'Neal and Swofford, of League City.