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April 15, 2012

Woman sues Union Pacific

Lawsuit alleges railroad officer choked, beat woman

By Wendy Burton Phoenix Staff Writer

A Muskogee woman is suing Union Pacific Railroad after one of its employees allegedly choked and beat her.

Mary L. Hill’s attorney, Ronald E. Durbin II, filed the suit against Union Pacific Railroad and Allen Simmons.

The petition alleges Simmons, working as a police officer for Union Pacific, confronted Hill as she crossed the tracks on Martin Luther King Street on May 27, 2010.

Hill alleges Simmons never identified himself as a police officer, nor told her she was under arrest, so she tried to leave.

Simmons allegedly grabbed Hill, threw her up against a Union Pacific vehicle, choked her, then threw her on the ground, continuing to attack her.

According to Hill’s petition, Simmons continued to assault Hill while she lay on the ground, leaving her clothing in disarray and exposing her breasts to public view.

Hill’s attorney could not be reached for comment Friday.

A spokeswoman for the Union Pacific Railroad said it is the company’s policy not to discuss ongoing litigation.

Hill’s suit states two witnesses were present, called 911 to report Hill was being assaulted and will testify in the case.

Hill alleges in the petition that she was arrested and charged with trespassing, assault and battery on a police officer and resisting arrest.

The petition alleges she was found not guilty on the charges.

Court records on the charges against Hill could not be found in the Oklahoma Supreme Court Network system.

Hill is asking for more than $10,000 in damages, including relief for gross negligence, infliction of emotional distress, false imprisonment and false arrest, assault, battery and civil rights violations.

Reach Wendy Burton at (918) 684-2926 or wburton@muskogeephoenix.com.

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