The suit accuses the officer, Regina Gonzales, of negligence for not putting a seatbelt on their daughter, Caroline Nicolai, who had been taken into custody earlier.
Nicolai was being transported to a sobriety center on October 2, when another vehicle struck the cruiser in the 1900 block of Texas Avenue. Nicolai was ejected from the vehicle and died. The driver of the other vehicle, Nicole Moser, was charged with intoxication manslaughter.
In the lawsuit, Frank and Debora Nicolai claim the city was negligent for not putting a seatbelt on their daughter and for handcuffing her when she did not appear to be under arrest. The Nicolais are asking for damages for mental anguish and for the future love, companionship and financial support of their daughter.
The suit was filed Tuesday in the 164th State District Court.
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