The woman claims Joseph approached her as she talked on her cell phone outside her workplace and handcuffed her. “After handcuffing plaintiff and before placing her in the back seat of his squad car, defendant groped plaintiff’s breasts and placed his hands up her skirt touching her vagina and panties,” the complaint states.
She says a handcuffed man was also in the back seat of Joseph’s squad car but after driving a short distance Joseph, uncuffed him and let him go.
“Defendant then drove the police vehicle into a dark, unknown area to plaintiff, drove in circles, stopped and removed plaintiff from the rear of the car. Plaintiff was handcuffed. Plaintiff was extremely frightened believing defendant was about to kill her,” the complaint states.
“Plaintiff protested in Spanish (because she does not speak English.) Defendant forcefully began groping and fondling plaintiff’s breasts and placing his hands on her vagina while she was still handcuffed,” she says. (Parentheses in original.)
After groping her for several minutes, Abraham “removed his erect penis and under threat of force thrust it into plaintiff’s mouth and down her throat with great force,” the complaint states. “This conduct was done with such force and violence that it caused plaintiff to gag and almost lose consciousness.
“After several terrifying minutes of this brutality, with defendant manually forcing his penis into plaintiff’s mouth and down her throat, he then grabbed plaintiff’s arms, still handcuffed, and forced her over the back of his squad car where he then lifted up her dress and proceeded to remove her underwear.
“Defendant then thrust his hand and fingers into plaintiff’s vagina followed by the forceful penetration of plaintiff with his penis. Plaintiff was violently crying throughout this entire process.”
She claims that after several minutes of “pelvic thrusting” Joseph again forced her to her knees and forced his penis down her mouth until he ejaculated.
The complaint states: “Plaintiff began to heave on the verge of vomiting at which time the officer brought out a bottle of water from his squad car, started trying to wash his semen from plaintiff’s body, and to have her drink the remaining water ostensibly to wash away evidence of his ejaculate from her mouth.”
Joseph then threw her into the back of his squad car again and “began shining a flashlight in her face in an apparent attempt to disorient her and began driving in circles before leaving the area,” she says.
Finally, Joseph dropped her off on the side of the road, and she walked back to her workplace, where she immediately reported the incident, according to the complaint.
“Thereafter, she filed a complaint with the Houston Police Department Internal Affairs Division against this unknown officer who was later identified as the defendant in this case. Plaintiff provided her clothing for testing and submitted to a rape kit examination.”
The woman says that to her knowledge Joseph is still an active Houston police officer. She says she still works at the place where he picked her up, and “fears for her life and seeks an injunction against defendant to restrain and enjoin him from approaching or coming within 2,000 feet or eyesight of her person or residence.”
“Plaintiff is in such fear for her life that she cannot sleep, is constantly paranoid, will not drive a vehicle, and is seeking counseling because of the brutal attack and fear of the defendant,” she says.
She sued Joseph in his individual and official capacity for negligence, gross negligence, intentional infliction of emotional distress, false arrest, imprisonment and kidnapping.
Because the City of Houston “refuses to release personal information” regarding Officer Joseph, the woman’s attorney has not been able to serve him with notice of her intention to seek a temporary restraining order and injunctive relief, according to the complaint.
“Based on the latest available information, defendant is presently in the Harris County jail and plaintiff anticipates serving any forthcoming restraining order on defendant at that location, should he remain in that facility,” the complaint states.
The woman, who seeks punitive damages, says she does not know how long Joseph will stay in jail, that he “could be back on the street by the end of the day.”
Given this possibility and the danger Officer Joseph presents to her, the plaintiff wants an ex parte restraining order issued, meaning issuance of the order without notifying Joseph.
She is represented by Benjamin Hall.
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