APD Sued for Excessive Force: Woman Claims Traumatic Brain Injury
Introduction:
In December 2024, Natalie Gialenes, while visiting Austin, Texas, was arrested for public intoxication. What followed has become the center of a legal battle, as Gialenes is now suing the Austin Police Department (APD) and former officer Joseph Spees, claiming that the arrest involved excessive force, resulting in a traumatic brain injury. Cases like these highlight the complexities and potential consequences of police interactions with the public, with settlements for traumatic brain injuries averaging between $700,000 to $1.2 million, depending on the severity and long-term effects.
The Incident:
According to the lawsuit, the incident occurred outside the Austin Marriott Downtown. Gialenes, who had been arguing with hotel staff, was handcuffed by Officer Spees on suspicion of public intoxication. The lawsuit alleges that after being handcuffed, Gialenes bent down to pick up her ID when Spees allegedly slammed her to the ground. The lawsuit further claims that Spees then shoved Gialenes’ head into the patrol car. As a result, Gialenes sustained a traumatic brain injury, among other injuries.
Legal Action:
Gialenes, represented by attorney Jeff Edwards, filed a lawsuit against the City of Austin and former Officer Spees, alleging excessive force and seeking compensation for medical expenses, lost wages, and pain and suffering. Edwards contends that Spees’ actions are consistent with a pattern of excessive force allegations against APD officers over the past 15 years. The lawsuit outlines more than 40 cases in which Austin police officers have been accused of excessive force, stretching back to 2011.
APD’s Response:
APD conducted an internal investigation into the incident and found that Spees used excessive force and misled investigators about the severity of Gialenes’ arrest. As a result, Chief Lisa Davis indefinitely suspended Spees in December 2025. In a memo, Davis stated that Spees’ takedown was “unreasonable” and that he failed to de-escalate the situation, care for an injured subject, and accurately report the incident.
The Debate Over Excessive Force:
The Austin Police Association (APA) is representing Spees legally and disputes the claim of excessive force. APA Vice President Tyler Latham argues that Gialenes had been involved in a fight at the hotel before her arrest and that Spees was acting within APD policy. Latham stated that not every situation can be de-escalated and that uses of force should be reviewed based on what the officer knew at the time, not with hindsight.
Traumatic Brain Injuries and Lawsuit Settlements:
Traumatic brain injuries (TBIs) can have devastating and long-lasting effects on victims and their families. The average settlement for a TBI case can vary significantly, typically ranging from $100,000 to millions, depending on the severity of the injury and its long-term effects on the victim’s life. Factors influencing these amounts include the extent of medical care required, the victim’s ability to return to work, and the degree of negligence involved in the case. Compensation may cover medical expenses, lost wages, pain and suffering, loss of future earning capacity, and emotional distress. In severe cases, it may also cover long-term care, rehabilitation, and home modifications.
Excessive Force Lawsuits:
Excessive force lawsuits against police officers can arise in various situations, including arrests, traffic stops, and during the execution of search warrants. To prove excessive force, it must be shown that the officer’s actions were unreasonable under the circumstances. Factors considered include the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was actively resisting arrest.
Potential Outcomes and Considerations:
- Settlement: Most excessive force cases are resolved through settlements, avoiding lengthy court trials. Settlements can range from tens of thousands to millions of dollars, depending on the severity of the injuries, the strength of the evidence, and the jurisdiction.
- Trial: If a settlement cannot be reached, the case may proceed to trial, where a jury will decide whether the officer used excessive force and, if so, the amount of damages to be awarded.
- Damages: If the case succeeds, the victim may recover compensation for medical bills, emotional distress, lost wages, and pain and suffering. In cases involving extreme misconduct, punitive damages may also be awarded to hold the officer or agency accountable.
Moving Forward:
The lawsuit filed by Natalie Gialenes against the APD and former Officer Joseph Spees raises important questions about police conduct and accountability. The outcome of this case could have significant implications for both Gialenes and the APD, as well as for the broader discussion about police use of force and the rights of individuals during interactions with law enforcement. It also highlights the potential for serious, life-altering injuries like traumatic brain injuries to result from such encounters, emphasizing the need for careful review and appropriate compensation in such cases.
If you believe you have been a victim of excessive force, it is crucial to seek legal representation to understand your rights and options. Contact our firm for a consultation to discuss your case and explore the best course of action.