QuickTake:

A claim that an officer slammed a woman against her own car also alleges that the city of Springfield has failed to make good on promises to review use-of-force incidents after a 2020 civil settlement.

A new lawsuit claims that a Springfield police officer slammed a woman’s head against her car during a traffic stop, and the suit alleges the incident follows a “longstanding” practice of Springfield police failing to investigate and discipline officers involved in use-of-force events.

Megan Hanks filed the excessive force lawsuit against the city of Springfield and Joseph Burke, who she alleges yanked her from her seat and then “slammed her head and body repeatedly against her car” while arresting her following a traffic stop on July 1 of last year.

“Officer Burke’s use of force was an inordinately disproportionate response to a situation involving a minor offense and a compliant subject who posed no threat to the officers or the public,” the lawsuit states. Hanks was arrested on suspicion of driving under the influence of intoxicants.

The lawsuit also lays out instances of Springfield police officers using force going back to 2014. A 2020 settlement agreement following a fatal police shooting required the city to commission a report with recommendations for changing use-of-force policies and administrative review procedures.

The lawsuit claims that since 2020, Springfield officers have “regularly used force,” but that the department has been “systemically failing to review and conduct adequate administrative investigations into use of force events.”

Noting that a trained Force Review Committee created as part of the settlement has met “only twice,” the lawsuit claims the city “has failed to conduct the required reviews in breach of the settlement terms and City policy.”

The city’s “longstanding policies and practices signal to officers that they can ignore law and policy without consequence, resulting in foreseeable constitutional violations,” the lawsuit claims.

As posted on the Springfield city website, police policy states that a “serious physical injury,” as defined in state law, or an injury “requiring medical treatment from a licensed medical provider” are among the circumstances leading to a required use-of-force review.

An annual use-of-force report explains that police sergeants and lieutenants review most “force events.” Only force that meets certain criteria triggers a review by the Force Review Committee, according to the report, which listed 158 use-of-force events last year, including 43 that involved injury.

City of Springfield spokeswoman Elyse Ditzel said the city does not comment on pending litigation.

“However, the Springfield Police Department remains committed to lawful, accountable, and community-centered policing,” Ditzel said in a statement.

The new lawsuit, filed June 13 in U.S. District Court in Eugene, claims that the Force Review Committee previously reviewed a 2021 encounter involving Burke and another officer. The committee “interviewed no witnesses,” and Burke received no disciplinary or corrective action, the lawsuit states.

Against Hanks, Burke’s actions “violated numerous training objectives, sound policing tactics, and policy, and involved the use of dangerous force options capable of inflicting significant pain and causing serious injury — and Ms. Hanks did suffer injuries and a broken bone requiring treatment,” the lawsuit states. The lawsuit claims the city took “no disciplinary or corrective action” against Burke.

Burke pulled Hanks over near the intersection of Main Street and 69th Place, according to the lawsuit.

After speaking with police for 20 minutes — in addition to Burke, another officer, not accused of wrongdoing, also was present — Hanks was told she was under arrest and to step out of the car, according to the court document.

“Ms. Hanks had no opportunity to step out of the car on her own. Instead, Officer Burke grabbed her by the elbow and yanked her from the driver’s seat, causing her to fall into the roadway and strike her arm and hip on the pavement,” the lawsuit states.

In the lawsuit, Burke is said to have “later reported Ms. Hanks’ vehicle was still running and he feared she might put it into drive, though he never instructed Ms. Hanks to turn off her car during the encounter.”

The police officers then grabbed Hanks’ arms and pulled her up, but as she “began screaming for help, Officer Burke twisted her left arm, grabbed her by the hair, and forcefully slammed her head first into the back of her car,” the lawsuit states.

Burke then slammed her against the car two more times, the lawsuit states, applying the “hair hold throughout the encounter” even after Hanks was handcuffed.

The lawsuit claims Burke failed to warn Hanks “that force would be used and to provide an opportunity for [Hanks] to comply” before extracting her from the car.

Kevin Yolken, an attorney for Hanks, said in an email to Lookout Eugene-Springfield that Hanks entered into a diversion agreement after being charged with driving under the influence of intoxicants and careless driving. Hanks is a Springfield resident, Yolken said.

Yolken said that while the city received notice of the lawsuit, “no separate internal complaint was made with SPD.”

Hanks incurred medical expenses and also “lost wages and impairment of earnings capacity,” according to the claim. She continues to suffer “from physical and emotional harms,” with the lawsuit seeking unspecified economic and noneconomic damages.

“Officer Burke decided to escalate a nonconfrontational traffic stop by using violent physical force. Ms. Hanks deserves justice, and we hope that through this lawsuit Officer Burke will be held accountable for his actions, and that the city will be held to account for its role in allowing officer misconduct to continue,” Yolken said.