Kerry Lee Thomas submitted the claim in February declaring Sgt. Robert Johnson permitted his K9 to strongly assault him, while Sgt. Wayne Schultz and Deputy Eric Bruss waited. Thomas is taking legal action against Johnson’s estate due to the previous sergeant passing away by suicide in May 2021.
The event happened when the 3 deputies reacted to a 911 call about a sound problem at a home that Thomas and his friend, Rapheal Gray, remained in front of. The run-in was taped on Johnson’s body video camera and launched by Thomas’ legal representatives.
U.S. District Judge Lee Rosenthal decreased to dismiss Thomas’ problem for a variety of factors, consisting of the “court not comprehending the factor for commanding a cops dog to bite and significantly hurt a suspect” who was the topic of a sound problem and was “certified, susceptible and noticeably unarmed for 4 minutes.”
Rosenthal kept in mind Bruss and Schultz’s failure to act throughout the “supposed constitutional infraction,” and how the deputies made no effort to de-escalate the scenario, even after the attack when Johnson had Thomas laying on the ground in handcuffs.
“Bruss and Schultz had every chance to stop a vicious act of violence by their fellow officer,” said Shirley LaVarco, lawyer at Civil Rights Corps and member of increase Houston, a union working to end cops violence in Houston. “Instead, they assisted him cover it up. We’re grateful that the court acknowledged that, and anticipate unloading their depend on discovery.”
Rosenthal likewise questioned Johnson’s “extreme force” on Thomas who “presented no danger to the officers,” “was not withstanding arrest” and was not attempting to leave. Johnson’s usage of “aggressive and threatening language” throughout the encounter likewise entered concern by the court.
“The manner in which cops usage dogs as weapons and, particularly, usage dogs to hunt people, is an incredible cruelty and an apparent vestige of effects slavery,” said Brittany Francis, deputy director of lawsuits at Civil Rights Corps and member of increase. “No one must need to awaken from problems of a dog performing at them, biting them, or squashing and pulling their limbs like Mr. Thomas does… Police dog maulings are caused on Black and brown individuals throughout this nation each and every single day.”
Harris County Constable’s Office Precinct 1 used a declaration, keeping in mind that Thomas and Gray were founded guilty felons, with weapons charges.
“All of the info available programs that the 2 felons were hard to handle as police reacted to this weapons disruption near the family’s property,” the declaration said. “Further, the people associated with this fit will have a chance to provide all of the proof in this case, to the court.”
It is unclear whether the constables found out Thomas and Gray were founded guilty felons prior to or after the encounter.
Last month, Harris County Precinct 1 finished an internal examination into the event and figured out that the deputies’ actions were warranted and did not breach Thomas’ rights.
“I would like to know if they saw the very same body video camera video I did,” LaVarco said about the internal examination. ” I don’t understand how anybody can view that video of a white officer actually cheering after siccing a guard dog on an unarmed Black man and conclude that there was no misbehavior.”
All celebrations are scheduled to appear prior to the court Aug. 24.
