Gay couple alleges assault by officers

The women say Osceola policemen who responded to their threat call beat them, giving one of them a concussion.
By ABBY SIMONS
Des Moines Register
Apr. 27, 2007

A lesbian couple has sued the city of Osceola and two of its police officers, alleging the officers brutalized them after they reported a threat outside a bar there in 2005.

The Centerville residents, Ann Senior, 39, and her partner, Jessica Anderson, 25, are asking a federal judge to order the city to reimburse them for their medical bills and compensate them for emotional distress suffered because of the officers' "prejudice against homosexual individuals and a desire to inflict harm upon them."

The women claim they were beaten by the two officers outside Rookies Sports Bar & Grill.

The eight-page lawsuit alleges that officers Rich Thomas and J.J. Murray used excessive force and committed assault on the women, leaving Senior with a concussion and thousands of dollars in medical bills. Hospital photos show her face swollen and her lower lip bloody.

Thomas and Murray have been with the Osceola Police Department for about two years, said Police Chief Marty Duffus. He declined to elaborate on the case and referred questions to Osceola City Attorney Dick Murphy.

He said both officers are still working and have no disciplinary history.

The women's lawyer, George Appleby of Des Moines, said, "I was just aghast - not only because it appears to be based upon sexual orientation, but, simply, here are two young women who were manhandled without provocation, and it should violate anybody's sense of decorum, fairness and just civility. I've been practicing law an awful long time and this one touched my sense of common civility."

The events that led to the lawsuit began with the women finding a dead goose in the backseat of Ann Senior's car as the two left the bar. The goose was still warm, and Senior suspected it was left there by men who allegedly had harassed them inside the bar. The men were gone by the time Senior and Anderson left and were never identified.

Senior called police to report the incident. But when officers Thomas and Murray arrived, the officers "minimized the nature and significance of the threat" as Thomas swung the goose around by the neck, according to court documents.

Senior said she began to cry as she grew increasingly frustrated with the officers.

"They just kept saying I was being ridiculous and what did I expect them to do, it was just a dead goose." Senior said.

The women were preparing to leave when Murray allegedly grabbed Anderson from behind and threw her to the ground. At the same time, Senior recalls having her head slammed against the trunk of her car before passing out.

Anderson was charged with public intoxication and interference with official acts. Senior faced the same charges, as well as a disorderly conduct charge.

Both pleaded guilty. They say they were told by authorities that they would be let out of jail if they pleaded guilty.

Senior and Anderson say they were not intoxicated. Anderson said she took a breath test to measure the level of alcohol in her system, and she tested .082, slightly over the legal minimum that constitutes intoxication.












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