LAYTON — A Layton woman has called for a financial settlement from the city's police department after her car was rear-ended, but she ended up being the one searched and cited.
In a settlement proposal submitted to Layton police by her attorney, Robert Sykes, Layton resident Amanda Houghton says her civil rights were violated and that the force used by two officers was excessive when they subjected her to a series of sobriety tests and aggressively searched her body with no warning.
Prior to filing a lawsuit, Houghton has submitted a proposal for a $50,000 out-of-court settlement to the department. However, the letter required a response by Oct. 15 and has gone unanswered, Sykes said.
Layton police declined to comment on the incident and the criminal charges filed against Houghton, citing pending litigation.
Houghton was stopped at a stop sign at Fort Lane and Antelope Drive on July 25 when her car was hit from behind. Police were called because the other driver hit with such force that airbags deployed, according to Houghton's attorney. When officers arrived, they focused instead on Houghton, who was reeling from the impact, Sykes said.
According to the settlement letter, video from the two responding officers captured the men saying Houghton was acting "weird" and that her responses when questioned about the incident were "sassy" and "full of energy."
One of the officers then asked Houghton if she'd had anything to drink and required her to complete a field sobriety test — "a strange and unusual request for someone who did not smell of alcohol or drugs and had just been in a potentially bell-ringing accident," according to the letter.
Shaken and aching from the accident, Houghton struggled with the tests, which the officers said she failed. They then told her they were arresting her for driving under the influence.
"Your balance is really poor," the officer said as an emotional Houghton interrupts, "Because I'm in shock. I'm shaking."
When Houghton asks what other signs of impairment the officer is referring to, he answers, "Your eyes. Your eyes gave it away."
In police video provided by Sykes, the officer is seen reaching around Houghton from behind and feeling between her breasts, grabbing her arm and pulling her back when she shies away.
"I can search you, and that's what I'm doing," the officer tells Houghton as she protests.
"You don't get to (expletive) grope me," Houghton tells the officer.
The officer directs Houghton's attention to the camera recording the encounter as he continues to search her chest and her pockets.
A toxicology evaluation done after Houghton posted bail showed she was clean of any drugs or alcohol, including prescription medication. She was charged with driving under the influence and interference with an arresting officer, both class B misdemeanors, and is scheduled to appear in court Nov. 10.
Sykes said Thursday he and Houghton sent the letter in hopes of settling the case without proceeding to a lawsuit. If the department doesn't respond or accept the offer, "the next step is to sue," Sykes said.
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