LOS ANGELES (CN) - An El Monte police officer anally raped a transsexual in a parking lot while fondling her penis, the Jane Roe plaintiff claims in Federal Court.
Roe sued the City of El Monte and Police Officer John Doe, who Roe claims was in uniform when he stopped her without cause and sodomized her.
El Monte, pop. 122,000, is east of Los Angeles in the San Gabriel Valley.
Roe claims in the lawsuit that the officer "anally raped" her after stopping her without cause in the early morning hours of Oct. 23, 2012 as she walked across the street at Garvey and Central Avenues.
Roe says the cop pulled up in his patrol car and asked her what she was doing. She says Doe had no probable cause to detain her, but ordered her to walk down an alley.
There, she says, he told her to lean down at his drivers' side window. He groped her breasts and asked if she was a "'nasty she-male,'" and she told him she is transsexual, according to the lawsuit.
The officer directed her to a parking lot next to loading docks behind Garvey Avenue, and she says she obeyed out of "fear for her physical safety."
"In the parking lot, which was deserted and poorly lit, El Monte police officer John Doe got out of his car, and ordered plaintiff to perform oral sex on him. Plaintiff complied with his direction out of fear for her physical safety," the complaint states.
It continues: "After a few minutes, El Monte police officer John Doe told plaintiff to stand up and bend over the trunk of the police car, 'so I can fuck your ass.' El Monte police officer John Doe then anally raped plaintiff. While El Monte Police Officer John Doe was anally raping plaintiff, he also reached around and groped plaintiff's penis."
While raping her, the officer called her a "'bitch'" and said, "'You like this don't you,'" according to the lawsuit.
After raping her, Roe says, the cop took off the condom and threw it on the ground. She says she retrieved it, "tied it off so that its contents would not leak," and handed it over to the Los Angeles County Sheriff's Department.
She seeks damages for civil rights violations, assault and battery and intentional infliction of emotional distress.
She is represented by David Myers of Rancho Cucamonga.
The law firm's attorney Robert Kitson told Courthouse News that the Sheriff's Department was notified of incident "within a few hours of the assault," after police visited the plaintiff in hospital.
El Monte did not immediately respond to a request for comment.
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