Woman Punched in the Face by APD Officer at IHOP Files Lawsuit

In April 2011, a cell phone camera captured an off-duty Atlanta police officer pushing two women in a booth at the now-closed Buckhead IHOP before punching a woman, who tried to intervene, in the face and then arresting her.

Editor's Note: The video captured the officer pushing two women into a wall in a booth when another woman is pulling at him, trying to stop him, before he punches her in the face.

The woman involved in this incident has filed a lawsuit against the arresting officer, as the two-year anniversary and the statute of limitations approaches,

Ashley Leavell filed her lawsuit against the parent company of the IHOP location and Officer Jose Vidal on March 19, claiming that Vidal used excessive force against her as he was working as a security guard for the restaurant in 2011.

As Buckhead Patch reported in 2011, "an Atlanta Police Department internal review has found that an off-duty officer followed departmental rules in the scuffle." 

Leavell was, "charged with obstruction, public drunkenness and simple battery, and released the following day on $2,500 bond," according to the AJC.

Leavell's attorney told WSB-TV that "the lawsuit was filed because the two-year statute of limitations is running out."

In her filed lawsuit, Leavell believes the courts should award her damages because she "was seriously injured, (and) was forced to endure significant physical and mental pain and suffering that continues to this day and is expected to continue into the future."

The lawsuit goes on to say that the "Plaintiff is entitled to recover compensatory damages and punitive damages because the officer’s conduct rose to such a level of bad faith, willfulness, and reckless disregard for the consequences."

“It’s not right, it’s not legal and it’s certainly not gentlemanly,” Leavell’s attorney, Craig Jones, told The Atlanta Journal-Constitution. “She didn’t pose a significant threat to anybody.”

Southern Restaurant Management Group owned the Buckhead IHOP, which has since recently closed, and has not commented on the new lawsuit. Vidal remains on active duty with the Atlanta Police Department, and the police department was not named in the Leavell lawsuit.

See Also
Internal Review Shows Officer Did Nothing Wrong in IHOP Incident
APD Release IHOP Incident Report
Open & Shut Buckhead: Iconic IHOP Restaurant Closing