A federal lawsuit alleges a VIA police officer used excessive force and unlawfully detained a San Antonio woman during a 2023 Whataburger drive-thru incident.
SAN ANTONIO — A San Antonio woman is taking legal action against VIA Metropolitan Transit Police and one of its officers, claiming she was violently pulled from her car and injured during a mistaken stop at a Whataburger drive-thru, according to a federal lawsuit filed in September.
The lawsuit, filed by Valerie Elizondo, accuses VIA Metropolitan Transit Police Officer Brandon Tamayo of using excessive force and unlawfully detaining her during a September 2023 incident near downtown San Antonio.
According to the lawsuit, Elizondo was waiting in the drive-thru line at the Whataburger on West Cypress Street when Tamayo pulled in behind her vehicle and ordered her to pull aside. The lawsuit claims Tamayo did not explain why she was being stopped and refused to provide identification when Elizondo asked.
The lawsuit alleges Tamayo then opened the passenger-side door of her car, put the vehicle in park, removed her seat belt and forcibly pulled her out. Elizondo claims she was struck in the ribs, had her arm twisted and was shoved against a patrol vehicle by another officer, worsening injuries to her back.
A supervisor later arrived and ordered Elizondo’s release, according to the lawsuit, after determining officers had mistakenly believed the car was stolen. The lawsuit states the vehicle belonged to Elizondo’s partner and had incorrect license plates placed on it by a dealership.
Elizondo alleges she posed no threat to officers and was not suspected of committing any crime. The lawsuit claims the stop, detention and use of force violated her Fourth Amendment rights and caused lasting physical and emotional harm.
In addition to claims against Tamayo, the lawsuit names VIA Metropolitan Transit Police as a defendant, alleging negligent hiring, supervision and retention. The lawsuit claims the department knew or should have known about Tamayo’s alleged history of misconduct and failed to take corrective action.
Elizondo is seeking more than $100,000 in damages, as well as punitive damages to be determined by a jury, according to the lawsuit.
According to a court order filed on Monday, a federal judge ordered Elizondo to show cause within five days why the case should not be dismissed after court records noted Elizondo’s legal team failed to effect service more than 90 days after the lawsuit was filed. The order, signed by U.S. District Judge Micaela Alvarez, states the case could be dismissed if Elizondo fails to respond.
The case remains pending in federal court.