Judge Refuses to Dismiss Lawsuit Against 3 Harris County Deputies for Siccing a Dog on a Black Man
For Immediate Release
August 18, 2023
Media Contact: Cheryl Bonacci | Civil Rights Corps | cheryl@civilrightscorps.org
Houston, Texas–-On August 15, 2023, U.S. District Court Chief Judge Lee H. Rosenthal, in a powerful opinion, denied defendants Eric Bruss and Wayne Schultz’s motion to dismiss in Kerry Lee Thomas v Robert Johnson et al. (Case No. 4:23-cv-00662). Mr. Thomas is represented by Shirley LaVarco: an attorney with Civil Rights Corps and a member of the RISE Houston Steering Committee.
The lawsuit alleges that the defendants used excessive force and violated Mr. Thomas’s constitutional rights when Sgt. Johnson sicced his attack dog on Mr. Thomas while he lay prone on the ground with his arms outstretched. Not only did fellow officers Bruss and Schultz fail to intervene, the lawsuit alleges that they also helped cover up the attack by falsifying records and lying to a public official about the attack. Judge Rosenthal held that based on the bodyworn camera footage and the facts alleged in the complaint, Bruss and Schultz had a duty to intervene and that a jury could find their failure to do so deprived Mr. Thomas of his constitutional rights.
Shirley LaVarco, lead attorney for Mr. Thomas, noted that,
“Bruss and Schultz had every opportunity to stop a vicious act of violence by their fellow officer. Instead, they helped him cover it up. We’re grateful that the court acknowledged that, and look forward to unpacking their lies as the case moves forward.”
The court also rejected the defendants' claim of qualified immunity, the controversial legal doctrine that far too often allows police officers to escape consequences for their actions. Ms. LaVarco noted, “What we really need to see is an end to qualified immunity and an end to police violence in all its forms.”
Sasha Legette, a member of RISE Houston’s Steering Committee and Founder and Executive Director of Pure Justice—a grassroots community organizing group—noted that her organization constantly receives calls about police misconduct and violence in Houston.
“We believe that justice cannot be one-sided. We can’t expect to hold ordinary citizens accountable for their actions while allowing law enforcement to escape accountability when they abuse their power and engage in reckless, inhumane treatment of those being detained.” She added, “We at Pure Justice are pleased that the court will hear Mr. Thomas’s case and send the message that no one should be above the law.”
The court’s opinion states that “Bruss and Schultz made no attempt to deescalate the situation, even after the driver had been taken into custody and Thomas was lying face down on the ground. They had the opportunity to tell Johnson that they would help handcuff Thomas and that he did not need to carry out his threats to release the dog. They knew that Johnson was repeatedly threatening to use the dog against a suspect who had, at most, been too slow to stand up from a prone position when ordered to do so. . . . Any of these actions may have prevented or at least lessened the injury caused by Johnson’s release of the dog.”
Brittany Francis, a Deputy Director of Litigation at CRC and member of Mr. Thomas’s case team, offered important historical context for the violence Mr. Thomas was forced to suffer:
“The way that police use dogs as weapons and, specifically, use dogs to hunt human beings, is a staggering cruelty and an obvious vestige of chattel slavery. No one should have to wake up from nightmares of a dog running at them, biting them, or crushing and yanking their limbs like Mr. Thomas does. No one should have to process this horror with the knowledge that a public servant commanded it while several others stood by and let it happen. Police dog maulings are inflicted on Black and brown people across this country every single day. We are long overdue to tell the truth about the historical roots of this practice and to get dogs out of policing altogether.”
Read additional news coverage of this case by Jonathan Limehouse of the Houston Chronicle, here.
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Civil Rights Corps encourages survivors of police violence in Houston to call our Police Accountability Hotline at 281-779-4409, if they would like to discuss their legal options. Those who want to get involved in broader police accountability and community safety efforts can join RISE Houston.