Woman files civil lawsuit against two Salt Lake City police officers

SALT LAKE CITY —  A woman is filing a civil lawsuit against two Salt Lake City police officers who she said broke her leg to the point of needing amputation, using a takedown maneuver constituting excessive force, despite being unarmed and compliant.

On Sept. 2, 2023, Agnes J. Martinez, 57, was experiencing homelessness and looking for a place where she and her dog could sleep in her car “without being harassed,” according to the civil lawsuit filed by her attorneys.

Salt Lake City police officers Paul D. Mullenax and Lane S. Wolfenbarger were on “proactive patrol,” and found Martinez, the lawsuit states. The pair approached Martinez, at approximately 8:31 p.m.

Officers allegedly told Martinez to roll down her window, and Wolfenbarger said he smelled cannabis. The lawsuit states that Martinez told officers she had “a little bit of weed” in her car, and was then ordered out of her car while Wolfenbarger searched it, without a warrant, based on smell.

After the search, the lawsuit states that Wolfenbarger told Martinez she was “going in handcuffs,” and would not tell her why. The two officers reportedly put Martinez against her car with her arms behind her back. When Martinez tensed her arms, the officers told her to relax or they would “take (Martinez) to the ground next,” the lawsuit states.

According to the lawsuit, “less than two seconds later,” Wolfenbarger said to Mullenax, “Ground.”

Wolfenbarger allegedly placed his leg next to Martinez’s “in order to trip her,” then performed a “leg sweep maneuver.” The document states that Wolfbarger dropped his weight onto Martinez’s leg above the knee, while Mullenax dropped his weight on the lower part of her leg. The lawsuit states that both officers felt and heard her leg break, and “crack.”

The lawsuit cites that Martinez never attempted to flee, and now was physically incapable of fleeing. Mullenax allegedly “pulled on (Martinez’s) broken leg to force her onto her stomach,” and her face was cut from being face down on the concrete.

Martinez’s attorneys said medical personnel arrived and saw “significant swelling” of her left knee, then took her to a hospital.

According to the lawsuit, an emergency department physician’s note stated, “Patient was in an altercation with police. Report is that she kicked the officer and tried to run away. She was tackled from behind.”

The physician allegedly recognized Martinez’s injury as “limb-threatening,” and despite efforts to save her leg, it was amputated on Sept. 27 2023.

Additionally, the lawsuit said her car was impounded, and she has not had it in her possession since Sept. 2023 when the incident occurred.

Wolfenbarger allegedly did not activate his body camera during his initial encounter with Martinez, and  “Wolfenbarger and Mullenax both turned off or muted their body cameras at multiple points during the process,” the lawsuit states.

“Defendants Wolfenbarger and Mullenax violated (Martinez’s) constitutional rights. Their unlawful actions included the use of unnecessary and excessive force against (Martinez) and an illegal search of (Martinez’s) car,” the civil suit states.

The Salt Lake City Police Department announced it has invoked the officer-involved-critical-incident protocol, and is releasing body–worn camera footage from the incident.

“This is a unique situation,” SLCPD chief Mike Brown said in a press release. “Recently, we became aware of a civil lawsuit in this case, and upon reviewing the facts, and allegations, we elected to invoke the OICI protocol in the interest of transparency, accountability, and to ensure compliance with state law.”

The SLCPD stated it became aware of the civil suit on July 31, 2024.

According to the press release, officers said they decided to arrest Martinez on drug-related charges, and “despite multiple commands to stop, warnings, and efforts to de-escalate, (Martinez) physically resisted.”

“During the arrest process, (Martinez) and the officers went to the ground,” the release states. “Afterward, officers noticed an injury to (Martinez’s) leg, which appeared to be a broken leg. Officers placed her in handcuffs and sat her up.”

Officers then called paramedics, the release said.

KSL TV reached out to SLCPD for further comment.