Woman files $2 million lawsuit over incident with Mesa police |

A A woman claims a Mesa police officer injured her after she argued with a Main Street motel manager over a bill and now wants the city to pay her $2 million.

Erma Ochoa's attorney filed the statement of claim, a precursor to a lawsuit, with the city on Aug. 20. Mesa has 60 days to respond and if no action is taken, the lawsuit will be deemed dismissed. Ochoa's attorney, Alejandro Barrientos, declined to comment last week.

The city also declined to comment on the lawsuit, citing pending litigation. Mesa police confirmed that Officer Joseph Moore was still employed by the department and that he was hired in October 2014.

Ochoa said she checked out of the Starlite Motel in February and got into a verbal disagreement with her the manager after he refused to refund her $10 deposit. He claimed she had a dog in the room, which she denied.

The manager called police when Ochoa, 52, refused to return the key.

“Instead of taking a conciliatory approach, Officer Moore instead asked the manager if the manager wanted Erma to trespass on the property,” Barrientos said.

Even though Ochoa made racist comments about the manager upon Moore's arrival, that didn't absolve the officer from listening to his client as well, according to Barrientos.

“And it certainly didn’t justify what happened next,” Barrientos said.

The claims say Moore told Ochoa it was time for her to leave, but she expressed concerns that she still hadn't received her deposit back.

Instead of asking the manager about the bond, Moore told Ochoa to “discuss this in small claims court” and that he would arrest her if she didn't leave, the lawsuit continues.

Ochoa said that about 57 seconds after he told her it was time to leave, Moore told her to put her hands behind her back.

“Within five seconds of making this statement, he threw the 5-foot-tall woman to the ground, causing a laceration to her head and a fractured knee,” the claim states.

Ochoa said she hit the ground and Moore painfully yelled at her, “Stop struggling.” She said she was already immobilized at that point.

According to Ochoa, she cried and complained to Moore that he had broken her leg as he continued to order her to stand up even though she was unable to do so.

“While Erma was on scene, she advised Officer Moore that he had brokered her kneecapping and that she would be taking civil action,” Barrientos said, adding that Moore responded, “Good luck with that.”

The Mesa Fire Department transported Ochoa to Banner Desert Medical Center. X-rays showed she had a “right tibial plateau fracture,” or a fracture in the tibial bone at the knee, the claim states.

A week later, Ochoa returned to the hospital for surgery to use a medical device to stabilize the broken bone. A month later, she underwent another operation, followed by physical therapy.

Ochoa said she also had her eyesight checked because it deteriorated after Moore “slammed her head on the concrete.”

“Officer Moore committed assault against Erma because he intentionally caused harmful contact with Erma,” Barrientos said. “To the extent that the harm that Officer Moore caused to Erma when he assaulted her was due to the negligent performance of the assault maneuver, he is liable for negligence.”

Barrientos said Mesa was also liable for Moore's conduct because he was acting within the scope of his employment with the city.

Ochoa's damages include her medical bills, which totaled $205,251.

Barrientos said Ochoa is also entitled to compensation.

He claims that in addition to the surgeries, his client has scars, cannot move without the aid of a walker or wheelchair, and is in constant pain.

According to Barrientos, she also needs help with her doctor's appointments, showering and self-care.

Before the incident, Ochoa worked about 30 to 35 hours a week as a dental assistant at Affordable Dental Care, he said.

Because of her injuries, she is unable to continue working and is entitled to lost wages, Barrientos said.

He said Ochoa was willing to settle the $2 million claim.