HOUSTON, Texas (KTRK) -- A national judge's ruling present clears the mode for a civilian proceedings against 2 Houston constabulary officers implicit a arguable apprehension much than 3 years ago.
The justice recovered the officers cannot beryllium immune to claims of excessive unit and battle and battery.
Jose Gomez was arrested implicit a postulation usurpation successful March 2017. Body camera video provided by Gomez's lawyer shows Gomez being pulled implicit arsenic an serviceman stands adjacent to his car window.
In the video, 1 of officers says, "You said you don't person your wallet. Get out, crook astir and enactment your hands down your back."
The video is dark, and it's hard to archer what happens next. Then, you spot Gomez successful handcuffs and perceive an serviceman shouting, "Stop resisting!" Gomez responds successful the video saying, "I didn't bash nothing."
Gomez was arrested for resisting arrest, but the complaint was aboriginal dropped.
"I asked to myself, however travel they don't perceive to what I say, similar don't interruption my arm," Gomez said. "I've got to enactment tomorrow. That is my wallet. Why they bash that to me? They don't listen. They conscionable instrumentality maine to jail. From the jail, they instrumentality maine to the hospital."
Gomez said helium inactive needs country for pains successful his shoulder, backmost and elbows.
Gomez's lawyer told Eyewitness News a assemblage proceedings for the civilian claims could beryllium sent successful the adjacent fewer weeks. He's calling for a 3rd enactment reappraisal of claims of excessive unit by police.
ABC13 reached retired to HPD Monday evening. The Houston Police Officers' Union called the ineligible filing outlandish.
Both officers were cleared by an interior investigation.
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