LANCASTER, Calif. (KABC) -- The couple at the center of a use-of-force incident involving sheriff's deputies outside a grocery store in Lancaster will not face any charges.
The Los Angeles County District's Attorney office announced Tuesday that it chose not to file a case. The couple, meanwhile, is suing the county sheriff's department.
"Today, we did file a (civil rights) lawsuit for the egregious actions against Miss Houseton and Mr. Barnes at the WinCo. There was clearly no justification for throwing her down," said Houseton's attorney, Caree Harper.
The June incident was captured on cellphone and bodycam video. It shows a deputy slamming Jacy Houseton to the ground outside the store after deputies responded to a radio call about a robbery inside the store.
Houseton and Damon Barnes were accused of shoplifting when deputies attempted to detain them.
Prior to that encounter, footage from inside the store shows Houseton exchanging words with store security, and at one point appearing to shove a security officer as she attempts to get past him. Moments later, she pulls down her face mask and appears to spit on the security guard shortly before she left the store.
"There was never a shoplifting, never a robbery. That was something a WinCo employee weaponized in order to get my clients potentially killed and our lawsuit does bare that information out," Harper said on Tuesday. "We are suing the security guard and any WinCo employee. We don't know the names right now because WinCo is not sharing information with us."
Harper added Winco has shared information with Thomas Yu, the attorney for the deputy accused of throwing Houseton to the ground.
"They gave him the surveillance (video). They refused to give me the other surveillance footage of my clients shopping and paying for their products."
Harper says the lawsuit is seeking millions of dollars in damages.
"This case should not be swept under the carpet," Harper said.
When asked to respond to the lawsuit, Yu said: "I don't think her lawsuit will survive this case."