The Defender reported recently that the family of a man shot by police in his driveway on New Year’s Eve filed a federal lawsuit against the Bellaire Police Department, alleging that the City of Bellaire routinely engages in racial profiling, used excessive force during his traffic stop and violated his civil rights.  See, Defender News Service, “Robbie Tolan Sues City of Bellaire,” Defender, Vol. 78, No. 29, May 10 - 16, 2009, p. 1.  According to the news article, Robbie Tolan was shot by Bellaire Police Sgt. Jeff Cotton in the early morning hours of December 31, after officers approached the 23-year-old, who they mistakenly thought was driving a stolen vehicle.  Citing Tolan’s lawsuit, the article states further that Tolan, who is black, was shot once in the chest by Cotton, who is white, from a distance of 15 to 20 feet and that the bullet remains lodged in Tolan’s body, all but ending Tolan’s aspiring baseball career.  In addition, the article notes that Tolan maintains he was shot because he is Black living in a mostly white community.  The lawsuit reportedly dissects the officers’ actions in the shooting and alleges a culture of racism among Bellaire police officers, claiming, in part, that police engage in unconstitutional racial profiling and discrimination as a matter of policy.  Further, the lawsuit contends as well that a number of Bellaire officials should be held responsible for a pattern of using excessive force on minorities, amounting to an alleged “de facto” pattern of racial profiling.  According to the article, Bellaire officials have denied that officers engage in racial profiling and an assistant to Cotton’s attorney said Cotton’s actions were not racially motivated.  However, the article also notes that a grand jury indicted Cotton on a charge of aggravated assault by a public servant last month, but Cotton contends he believed his life was in danger when he fired at Tolan. 

Whether excessive force and racial profiling by law enforcement occurs in Bellaire, Beaumont, Houston or elsewhere, victims of unlawful police action may report mistreatment to the appropriate law enforcement employer and consult an attorney to determine if a civil rights lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential claim.

In a May 1, 2009 Department of Justice (”DOJ”) Press Release, the Justice Department announced that two former Tippah County, Mississippi Deputy Sheriffs have been sentenced in federal court for violating the civil rights of an arrestee by shooting him with a taser unnecessarily during a June 2007 incident.  See, http://www.usdoj.gov/opa/pr/2009/May/09-crt-420.html .  As stated in the DOJ Press Release, the defendants previously pleaded guilty to the civil rights offense and admitted that in June 2007 they used their tasers to attack the victim without justification.  According to the Press Release, the victim suffered mulitple burns and contusions from the taser attack, and, after the attack, the defendants stripped the arrestee of his clothing and chained him overnight in an isolation cell.  The Press Release states further that the Mississippi federal court judge ordered both defendants to surrender their law enforcement certifications and never to seek law enforcement positions in the future.  The case was investigated by the FBI and was prosecuted by two trial attorneys from the Justice Department Civil Rights Division.

Whether unjustified or unlawful taser attacks by law enforcement occur in Mississippi, Texas or elsewhere, victims of police misconduct or brutality may report the incident to law enforcement, including the FBI, and consult an attorney to determine if a civil rights charge and taser attack lawsuit may ultimately be appropriate under the particular circumstances and facts of the incident.

In an April 17, 2009 Press Release, a Department of Justice attorney announced that a former Police Chief in Mendenhall, Mississippi was sentenced to 30 months in prison for using excessive force when he repeatedly stomped on the head of an arrestee.  See, http://www.uddoj.gov/opa/pr/2009/April/09-crt-365.html .  According to the Press Release, the former Police Chief admitted at his guilty plea hearing that he used excessive force in a 2005 incident after joining other law enforcement officials in the apprehension of a man who led police on a car chase.  At the end of the chase, the officer pulled the man from his car and repeatedly stomped on his head as the man lay face-down in the street.  As stated in the Press Release, a local hospital treated the man for injuries sustained in the assault.

The U.S. Department of Justice announced in an April 22, 2009 Press Release that a former Bexar County Sheriff’s Office deputy pleaded guilty to a civil rights charge in federal court in San Antonio Texas for using excessive force against a prisoner while working as a detention officer at the Bexar County jail, and, according to documents cited in the Press Release, the former deputy acknowledged he used more force than necessary in a 2006 incident.  See, http://www.usdoj.gov/opa/pr/2009/April/09-crt-380.html .  As stated in the Press Release, a prisoner received head injuries that necessitated medical treatment resulting from the assault.  By pleading guilty, the former deputy acknowledged that he deprived the prisoner of his constitutional right not to be deprived of liberty without due process, which includes the right to be free from the use of excessive force by a law enforcement officer.  The Acting Assistant Attorney General of the Civil Rights Division was quoted in the Press Release as saying that “Law enforcement officers take an oath to uphold the law, not to violate it, as this officer did when he abused his authority over a man in his custody.” 

Whether excessive force or abuse by law enforcement occurs in San Antonio or elsewhere, victims of police misconduct or abuse may make formal complaints to the Justice Department and consult an attorney to determine if a civil rights lawsuit may ultimately be appropriate under the facts and circumstances of the potential case.

As reported in a March 18, 2009 Chron.com posting, nine (9) Galveston police officers were suspended without pay and four (4) received written reprimands for involvement in a wedding fracas in which thirteen (13) guests were arrested, including Houston Astros pitcher Brandon Backe.  See, Rice, Harvey, “9 Galveston Police Suspended Over Backe Arrest,” http://www.chron.com/disp/story.mpl/front/6320046.html , 3/18/09.  Although guests complained about police abuse and violence during the October 5th incident, the article states that the Police Chief said no formal complaints were lodged against any officers, and, according to the article, the officers were disciplined for failing to properly document the incident.  The article further quotes a statement issued by the Police Chief which said that “no officer was found to have violated any departmental policies related to any arrest or any use of force.”  However, Chron.com reported in the article that police and wedding guests’ versions of events conflicted, with policie alleging that guests were unruly, fighting and interfering with officers and guests contending there was no fighting and that Backe and others suffered unprovoked attacks as thirty (30) officers swarmed into the Galveston wedding party.  In this regard, Chron.com reported that a video from the party allegedly showed officers using a Taser on an apparently unresisting father of the bride.  According to the article, investigators blamed the incident on a 19-yar-old they accused of resisting officers when they tried to arrest him for underage drinking.  Police reportedly charged Backe nad other arrested guests with resisting arrest.

Whether alleged police officer misconduct, police abuse or excessive force by law enforcement occurs in Galveston or elsewhere, victims may consider making formal complaints to the proper police department and consult an attorney to determine if a police misconduct lawsuit may ulitmately be appropriate under the particular facts and circumstances of the potential claim.

According to a December 23, 2008 article in a Galveston County newspaper, a Galveston attorney filed a federal court lawsuit in which it is alleged that Galveston policemen assaulted a 12-year-old girl who was mistaken for a prostitute.  See, Paschenko, Chris, “Lawsuit: Cops Beat 12-Year-Old Girl,” The Daily News, 12/23/08.  The lawsuit reportedly accuses Galveston police officers of failing to identify themselves when they approached the girl at her home after her mother dispatched her outside to flip the breaker back on when electricity failed.  Id.  As stated in the article, police were sent to the area to look for three white prostitutes soliciting a white man and a black man selling drugs when one officer saw a black female and ordered her detained.  Id.  After that, four officers got out of a blue van and ran toward the 12-year-old girl, who is black, because they suspected she was a prostitute since, as the officers contend, she was wearing tight shorts.  Id.  As described in the article, the lawsuit contends that one officer covered the screaming girl’s mouth and handcuffed her while other officers grabbed her and held one of her arms.  Id.  It is, according to the article, unclear how much time elapsed before the girl’s parents took her to the University of Texas Medical Branch for treatment of injuries which allegedly include head injuries - caused by an officer’s flashlight - multiple contusions, loss of vision and hearing and a bloody nose.  Id.  Galveston Police Chief Charles Wiley declined to comment specifically about the case, citing a law that keeps information about juvenile crimes out of the public view.  Id. 

See, http://galvestondailynews.com/story.lasso?ewcd=344e970058ff3262&-session=TheDaily…

Whether excessive use of force or abuse and brutality by police occurs in Galveston or elsewhere, victims of alleged unconstitutional police misconduct may consider making a formal complaint to internal affairs and consult an attorney to determine if a police abuse lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential claim.

According to an article posted at http://www.pro8news.com/37484059.html , Pro 8 News.com reported on January 12, 2009 in an article entitled “Laredo Family Claims They Are Victims Of Police Brutality” that a south Laredo family alleges they are victims of police brutality after neighbors complained about music and noise and the police were called to a birthday party.  However, the Laredo Police Department disputes the claim and contends that an investigation is underway.  Three people apparently are facing assault charges stemming from the encounter.  For its own part, the family contends that it was the agressive nature of one officer that spiraled out of control, and the family has filed a complaint with internal affairs.

Whether police brutality occurs in Brwonsville, Laredo, McAllen or elsewhere, victims of alleged police brutality or misconduct may consider documenting their complaint with law enforcement internal affairs departments and consulting an attorney to determine if a police brutality lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential claim.

As reported on March 24, 2009 by a CBS 11 News reporter, Carol Cavazos, a North Richland Hills restaurant owner claims police brutality after an incident in which the restaurant owner was handcuffed at his sister’s Colleyville home.  See, http://cbs11tv.com/local/alleged.police.brutality.2.966313 , “North Texas Man Alleges Police Brutality,” cbs11tv.com, 3/24/09.  According to the report, the man spent two days at Baylor Medical Center Grapevine after his arrest which occurred when he arrived at his sister’s home in response to concerns he had that his nephew was going to kill himself following a fight with his father at the restaurant where they work together.  The article states that when the restaurant owner arrived at the home his nephew was was sitting on the front stoop in handcuffs and there were police cars in the driveway, so the restaurant owner parked his car, got out with a cell phone, was hit by the officers and then ended up on the ground.  A niece who allegedly witnessed the incident from a front window was quoted in the article as saying: “He never had a chance to say anything.”  However, a Colleyville Police Officer was quoted in the article as saying that the man put himself into a police situation and failed to follow the direction of the officers.  The Colleyville Police claim they did nothing wrong and intended to charge the man with interfering with police, according to the article.  For his own part, the restaurant owner was reportedly pursuing legal action.

Whether police brutality or excessive use of force by police occurs in Dallas, Fort Worth or elsewhere, victims of alleged police brutality may consider making an internal complaint to the police department and consult an attorney to determine if a police brutality lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential police brutality claim.

As reported at http://www.chron.com/disp/story.mpl/hotstories/6349894 , a Houston man has settled a police abuse lawsuit against the City of Santa Fe, Texas and wants two police officers fired because he believes they will abuse others.  See, Rice, Harvey, “Santa Fe Settles Police-Abuse Lawsuit For $125,000,” chron.com, 3/30/09.  According to the article, Santa Fe signed an agreement to settle a federal lawsuit the Houston man filed in which he accused two officers of beating him and spraying him with pepper spray while he was pinned to the ground during an August 21, 2006 incident.  The article reports further that the City of Santa Fe settled the federal lawsuit after a jury in February returned a not guilty verdict in 19 minutes on a resisting arrest charge against the Houston man.

Whether police abuse, police misconduct or excessive force by police occurs Houston, Dallas, Santa Fe or elsewhere, victims of law enforcement officer abuse may consider making an internal complaint to the appropriate law enforcement department and contact an attorney to determine if a police abuse lawsuit or excessive force lawsuit may ultimately be warranted under the particular facts and circumstances of the potential police abuse claim.

According to an article posted at http://www.chron.com/disp/story.mpl/metropolitan/6360880 , a Bellaire police sergeant charged with shooting a civilian in an incident which raised accusations of racial profiling was shocked by his indictment and maintains that he is in no way a racist.  See, Khanna, Roma, “Indicted Officer In Shooting Denies He’s A Racist,” chron.com, April 8, 2009.  As stated in the article, a grand jury indicted the police officer, who is white, in the December 31 shooting of a black man in the driveway of his own home near a vehicle the police officer mistakenly believed was stolen.  Id.  The article further notes that the shooting prompted allegations that the police officer’s actions were racially motivated and ignited concerns about the treatment of minorities in Bellaire.  Id.  The police officer stands charged with first-degree aggravated assault by a public servant.  Id.  The Bellaire Police Department investigation is ongoing, and the officer remains suspended with pay.  Id.