A federal judge last month refused to dismiss a woman’s claim that the city of Aurora’s policies motivated an officer’s decision to attack her while he was on administrative leave.

Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun attempted to arrest Martinez at her apartment complex in January 2023 while he was off duty. Arapahoe County prosecutors charged him with assault by strangulation, but he pleaded guilty last week to reckless endangerment.

Martinez lodged claims of excessive force and unlawful seizure against Harroun, while alleging Aurora’s policies for officers who are on administrative leave were the driving force behind Harroun’s unconstitutional conduct.

Although the city moved to dismiss the claim against it, U.S. District Court Judge Charlotte N. Sweeney believed Martinez had credibly alleged multiple ways in which Aurora catalyzed Harroun’s attack, including by giving him the impression he was empowered to use force against Martinez even while on leave.

“In other words, it was plainly obvious that failing to implement clear policies and allowing officers on administrative leave to retain their badges would lead them to attempt an arrest in excess of their authority,” Sweeney wrote in a Sept. 18 order.

Martinez’s lawsuit alleged she was walking her dog over an icy patch near her building when Harroun “aggressively approached” her in his vehicle. Martinez, who was moving slowly due to the ice and her physical disability, inquired what Harroun was doing.

Harroun allegedly exited his vehicle and told her, “I’m a cop.” He continued to scream at Martinez and she allegedly attempted to end the confrontation. Martinez told Harroun she had pepper spray on her, prompting Harroun to allegedly slam her to the ground and punch her in the face.

Harroun told Martinez she was under arrest for “assaulting a peace officer.” Witnesses called 911 and Aurora police responded. After learning Harroun was also an Aurora officer, police called in the Arapahoe County Sherriff’s Office to take charge.

At the time of the encounter, Harroun was on administrative leave for shooting a man in the leg a few weeks prior — conduct for which he is currently facing criminal charges. Harroun had been instructed not to take “any action as a sworn police officer” while he was on leave, but he was allowed to retain his badge and authority.

Martinez, whose injuries included impaired vision, exacerbation of her existing condition and cognitive dysfunction, alleged Aurora’s policies, lack of training and decision to hire Harroun despite his “red flags” were to blame for his conduct. Among other things, Martinez argued Aurora trained its officers they were “never off-duty,” with no clear exception for those on administrative leave.

“The City’s failure to create, implement, and adequately train and supervise its officers with respect to its Off-Duty Directive was the moving force behind and a causal factor of Defendant Harroun’s belief that he had authority to respond to this incident despite being on administrative leave,” wrote Martinez’s attorneys.

Aurora sought to dismiss itself from the lawsuit, arguing it could not be held liable because Harroun’s conduct was a “purely personal pursuit” without city authority. Although Harroun responded to Martinez’s lawsuit by asserting he “believed he was acting under Aurora Police Department’s off-duty directive,” the city attempted to discredit him.

“When disregarding Harroun’s lies, which contradict the explicit directive he was not to take action as an APD officer,” wrote the Office of the City Attorney, “it is undisputed Plaintiff has not plausibly pled Harroun maintained a belief he was actually acting under color of law when he assaulted Plaintiff.”

Sweeney acknowledged the encounter could be viewed as Harroun acting for purely personal reasons. However, he identified himself as a police officer, displayed his badge and allegedly told Martinez she was under arrest for assaulting an officer.

Harroun’s belief he was acting pursuant to department policy “is compelling evidence, when combined with his behavior, that he legitimately believed he was acting under state authority,” Sweeney wrote.

She added that Martinez had sufficiently described ways in which the city’s own policies led to her injuries, including repeated uses of force when interacting with nonviolent members of the public.

The case is Martinez v. Harroun et al.