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Smith & Vinson Law Firm Files Federal Civil Rights Lawsuit Against City of Cedar Park Over Officer Sexual Assault Allegations

Smith & Vinson Law Firm Files Federal Civil Rights Lawsuit Against City of Cedar Park Over Officer Sexual Assault Allegations

Smith & Vinson Law Firm has filed a federal civil rights lawsuit on behalf of Tanya Zurba against the City of Cedar Park, alleging repeated sexual assaults by former police officer KecoMotton and a pattern of institutional failures by the Cedar Park Police Department that allowed his conduct to go unchecked.

As reported by KXAN-TV and other media outlets, the 42-page complaint, filed in the U.S. District Court for the Western District of Texas, alleges that Motton sexually assaulted Ms. Zurba multiple times in 2023 while on duty, in uniform, and driving his marked police vehicle. The lawsuit alleges he used his authority – and his role as a designated Mental Health Officer – to gain access to Ms. Zurba during a vulnerable period and to coerce her into non-consensual sexual acts under the guise of official police duties.

As Attorney Brad Vinson told CBS Austin:

“Officer Motton was on duty, in his uniform, in his Cedar Park Police Department marked vehicle. It’s really a combination of the worst things you could imagine from a law enforcement officer.”

The lawsuit contends that Motton was repeatedly assigned to respond to situations involving women in crisis despite prior complaints and internal warnings about his conduct. Our lawsuit alleges that his mental health officer designation – paired with inadequate oversight – allowed him to specifically target women experiencing domestic violence, mental health emergencies, or other vulnerable circumstances.

“He had specific, unique training as a mental health officer and was often brought in to deal with women who were on the verge of mental health crisis, dealing with domestic disturbance and women that were marginalized, really at the cross section of the criminal justice system,” Vinson said. “He specifically targeted those sorts of women and used his power and authority, and specific training in mental health, to abuse that position.”

The lawsuit also outlines prior allegations against Motton by other women. According to the filing, Cedar Park Police received internal complaints and whistleblower reports about his behavior but failed to intervene. Our attorneys argue that this amounted to a de facto policy of ignoring officer misconduct – particularly sexual misconduct against women – and that this failure to act allowed the abuse to continue.

“Cedar Park had known about his behavior for years before he sexually assaulted our client,” said Jarrod Smith.

“They failed to do anything about it,” Vinson added. “He continued to abuse more women. That causes the city to be liable.”

A formal notice sent to the city by our firm further characterized the department’s response as one of “reckless and deliberate indifference,” stating that the failure to investigate prior complaints created foreseeable risks that ultimately resulted in harm to our client. The lawsuit brings claims under 42 U.S.C. § 1983 and § 1985, alleging violations of Ms. Zurba’s Fourth and Fourteenth Amendment rights, as well as civil conspiracy by the City, TCOLE, and the Texas Rangers to withhold public records and obstruct accountability.

Ms. Zurba seeks compensatory damages, attorney’s fees, and a jury trial.

This lawsuit has garnered widespread media attention, including coverage by KXAN, KVUE, FOX 7 Austin, CBS Austin, and Yahoo News.

As the litigation unfolds, our team at Smith & Vinson Law Firm remains committed to pursuing justice for Ms. Zurba and holding public institutions accountable when they fail to protect the communities they serve.

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