Suit: Galveston officer broke Harris County woman's leg Galveston police reinvestigating allegation

GALVESTON – A Harris County woman has accused a Galveston police officer of breaking her leg by hurling her to the floor and then leaving her there without summoning medical assistance.

The accusation is contained in a federal civil rights lawsuit filed this week on behalf of Kaylie Gentry, 27, a 5-foot-3 nurse at the University of Texas Health Science Center.

"The Galveston Police Department has a long history of serious excessive force violations which cause an atmosphere of allowing excessive force which allowed the injury of Ms. Gentry, " said her attorney, Randall Kallinen.

Police spokesman Michael Gray said he was unable to respond to Kallinen because of the lawsuit. "The pertinent details to rebut that are under investigation," Gray said.

The lawsuit gave the following account of the allegation:

A police officer identified only as "Officer Lopez" confronted Gentry at about 1:50 a.m. on Feb. 6 at Tsunami's, a Galveston bar, and asked Gentry to leave the bar. Kallinen believes Lopez was off-duty working a security job although he was in uniform.

RELATED: 2 Metro officers suspended after confrontation with man

Gentry explained to the officer that she was waiting for a friend, who would arrive shortly. The officer loudly asked Gentry to leave, then grabbed her right arm and threw her to the floor.

Gentry began screaming and was unable to move her leg or ankle because of the pain. The officer left Gentry as she lay screaming, and the bar staff came to her assistance.

Her friends carried Gentry out of the bar and took her to Clear Lake Regional Hospital, where she was diagnosed as having a broken leg, requiring a metal plate and a permanent metal connection to reposition the bones. Gentry underwent two surgeries and three months of physical therapy and missed six months of work.

The lawsuit, which seeks an unspecified award for damages, alleges a history of abuse by the Galveston Police Department and lists a series of incidents involving use of force, including the swarming of a wedding party in 2008 by about 30 officers. Former Astros pitcher Brandon Backe and several others who were injured filed a federal lawsuit, and a jury awarded the plaintiffs $48,900.

The police chief at the time of the lawsuit, Henry Porretto, had been disciplined for misuse of force while a police officer and had been sued for misuse of force in a separate instance. Porretto retired last year after allegations of sexual discrimination by several police employees, city officials have said. He has since been replaced by Police Chief Richard "Rick" Boyle.

BACKGROUND: Sex harassment complaint sheds light on Galveston PD chief's exit

Police spokesman Michael Gray said an attorney employed by Gentry before she hired Kallinen made a complaint after the incident but was unable to provide the officer's name. Police investigated and found several discrepancies, Gray said.

Kallinen said the attorney filed a written complaint soon after the incident and followed up with a letter to police seeking the status of the investigation.

Police contacted the attorney with the results of their investigation but never heard from him, Gray said. The woman hired Kallinen, who filed the lawsuit containing the name Officer Lopez.

"Now (that) we have a name it's being reinvestigated," Gray said. "At this point we don't know if there was contact with the officer."