San Antonio, January 11, 2026
A federal lawsuit has been filed against the VIA Metropolitan Transit Police, alleging Officer Brandon Tamayo used excessive force during a traffic stop at a Whataburger drive-thru. Valerie Elizondo claims she was harmed when Tamayo mistakenly believed her vehicle was stolen. The case raises critical issues regarding police conduct and accountability in San Antonio, and Elizondo is seeking damages in her lawsuit.
San Antonio Woman Sues VIA Police Over Alleged Excessive Force at Whataburger Drive-Thru in 2023
San Antonio, Texas – A federal civil rights lawsuit has been filed against the VIA Metropolitan Transit Police Department, bringing to light serious allegations regarding the use of excessive force by law enforcement. This incident reportedly occurred at a Whataburger drive-thru in 2023, underscoring potential concerns over police conduct in our local communities.
In this case, Valerie Elizondo claims that Officer Brandon Tamayo, acting on what he mistakenly believed to be a stolen vehicle situation, employed excessive force leading to her alleged physical harm. As this lawsuit unfolds, it serves as a reminder of the importance of accountability, transparency, and the proper adherence to procedures within law enforcement.
Background of the Incident
The incident took place on September 5, 2023, at the Whataburger located at Cypress Street and San Pedro Avenue, near downtown San Antonio. According to the lawsuit, while Elizondo waited in the drive-thru, Officer Tamayo ordered her to pull aside, citing suspicions that her vehicle was stolen. Upon her request for identification and reasons for the stop, Tamayo allegedly responded by forcibly opening her passenger-side door, shifting her gear into park, and removing her seatbelt. Reports indicate Tamayo struck Elizondo in the ribs and twisted her arm before yanking her from the vehicle. Another officer reportedly arrived shortly after and shoved Elizondo against a patrol vehicle, resulting in a back injury. The situation escalated further when a supervisor arrived and acknowledged the officers’ error, admitting they had wrongly identified the vehicle—which belonged to Elizondo’s partner—due to an incorrect license plate placement by a dealership.
Officer’s History of Misconduct
The lawsuit alleges that Officer Tamayo has a documented history of misconduct, raising concerns about his actions during this particular incident. Though specific examples of prior misconduct were not detailed, such claims contribute to the growing dialogue about the conduct of law enforcement officers and highlight the need for continual scrutiny and reform.
VIA’s Response
In response to the lawsuit, the VIA Metropolitan Transit has confirmed that it does not provide comments on pending litigation. It has also stated that Officer Tamayo is no longer employed by the agency, signaling an internal evaluation regarding the incident.
Legal Proceedings
The formal lawsuit was filed in September 2025 in the U.S. District Court for the Western District of Texas. Elizondo is seeking unspecified compensatory and punitive damages, which will be evaluated by a jury trial.
Context of the Lawsuit
Elizondo’s lawsuit is not an isolated incident within the San Antonio area. A recent history of legal actions against law enforcement agencies highlights ongoing concerns regarding police practices and community safety. Earlier cases have drawn attention and raised questions about the procedures followed by officers in various situations.
Conclusion
As the case progresses, the outcome remains uncertain, but it emphasizes the significant conversation surrounding police force and public safety in San Antonio. Residents should remain engaged and vigilant in discussions about police reform and accountability, ensuring that community standards are upheld while fostering a climate where local businesses and citizens can thrive. Supporting reforms in a measured manner may help shape a safer, more transparent future for all.
FAQ
What is the lawsuit about?
The lawsuit alleges that Officer Brandon Tamayo of the VIA Metropolitan Transit Police Department used excessive force when he forcibly removed Valerie Elizondo from her vehicle at a Whataburger drive-thru in 2023, mistakenly believing her vehicle was stolen.
When did the incident occur?
The incident occurred on September 5, 2023, at a Whataburger located at Cypress Street and San Pedro Avenue in San Antonio, Texas.
What is Elizondo seeking in the lawsuit?
Elizondo is seeking unspecified compensatory and punitive damages, to be determined in a jury trial.
What is VIA’s response to the lawsuit?
VIA Metropolitan Transit has stated that it does not comment on pending litigation and confirmed that Officer Tamayo is no longer employed by VIA.
What is the background of Officer Tamayo?
The lawsuit alleges that Officer Tamayo has a documented history of misconduct, though specific details are not provided in the available information.
What is the current status of the lawsuit?
The lawsuit was filed in September 2025 in the U.S. District Court for the Western District of Texas. The outcome remains to be seen.
Key Features of the Incident
| Feature | Details |
|---|---|
| Location | Whataburger at Cypress Street and San Pedro Avenue, San Antonio, Texas |
| Date of Incident | September 5, 2023 |
| Officer Involved | Brandon Tamayo |
| Allegation | Excessive force during a traffic stop |
| Elizondo’s Claims | Struck in ribs, arm twisted, forcibly removed from vehicle |
| VIA’s Response | Does not comment on pending litigation; Tamayo no longer employed |
| Lawsuit Filed | September 2025 in U.S. District Court for the Western District of Texas |
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