Local Houston Family Terrorized by Deputies Files Civil Rights Suit

[bill_daniels]

Family filing lawsuit over alleged oppression, assault at hands of Harris County Pct. 4 deputies during arrests

Monday, September 02, 2013


HOUSTON -- A family is filing a lawsuit against authorities over controversial arrests made two years ago. Dash cam video from the arrests is just now surfacing, and those who were arrested now want charges filed.


A chief deputy from Harris County Precinct 4 Constable's Office is calling the video of his officer's alleged actions during that arrest "very concerning."

David Scherz says he's the guy in the video on the ground being kicked, punched, kneed and pepper sprayed by three deputies in front of his home.

"It was pretty much a situation of chaos," he said. "I was struggling to breathe, struggling for air. It was just a bad situation."

This situation started out as a simple traffic stop in September 2011, according to Pct. 4 Chief Dep. Jim Sumner. Scherz says things escalated when his mom -- Yvonne Scherz -- saw a deputy in her driveway accusing him of running a stop sign.

Yvonne Scherz says she was manhandled for questioning officers who were on her property and for refusing to go inside.

"He charged me, grabbed me, dragged me and slapped cuffs on me. I couldn't believe this was happening," she said.

And that's not it. Scherz's siblings and father claim they were also roughed up, detained and charged with interfering with the duties of a public servant for trying to come to their family's aid.

Those charges were dropped early this year.

Scherz and his civil rights attorney Randy Kallinen are now pressing forward with a federal lawsuit against three of the officers. They claim Scherz was compliant when the officers pounced on him, causing a broken rib among other injuries.

"We were yelling, 'You can't do this in our country.' I was yelling, 'This is excessive force; you denied us our rights,'" Scherz said.

Scherz will also be asking the district attorney's office to bring official oppression and assault charges against the deputies in that video.

Sumner says the constable's office has not yet been served with a copy of the lawsuit. He says it was only 30 days ago Scherz and his family filed an official complaint about the two-year-old incident.

The family said it waited so long because it was focused on fighting the criminal charges.

"That's actually why we're here, to let everyone know that this happens and until people speak up and say look at that they are doing, they can't do this anymore. It's going to continue," Yvonne Scherz said.

The chief says internal affairs is investigating, and if any wrong-doing is found on the part of any officer, Sumner says it will be reported to the District Attorney's Office of Public Integrity.

Sumner says it's possible the constable's office may release more information Tuesday when staff returns from the holiday.

This is a professional family. Mom's an engineer, none of them have ever had any trouble with the law before. And yet, the whole family went to jail....over an alleged stop sign running.

[Aerovette]

I saw the video and my first reaction prior to seeing it was that there has to be more to the story than a simple traffic stop. I have been stopped MANY times and NEVER felt any threat of violence. That being said, in NO WAY does it excuse the actions of the officers and especially not the huge fat-ass that ran up and kicked his head into the ground.

[Burnt C6]

Just more proof that most LEO are power hungry ass holes.

[m and t's77]

Link to said video.

[OddBall]

Originally Posted by m and t's77

Link to said video.

[RED-85-Z51]

When the cops tell you to take your ass inside and let them do their job...you should comply, or be arrested for obstruction, its fairly simple.

Also...never heard of any simple run stop sign ending up with someone getting their face smashed into the curb, unless there is more to this story..

[StaticCling]

Family Sues Police In Texas For Brutality - YouTube

These "Officers" should be in prison. Horrible.

The fat "Officer" even kicks their poor confused family dog. This is absolutely DISGUSTING and DISGRACEFUL.

[FasterTraffic]

Originally Posted by RED-85-Z51

When the cops tell you to take your ass inside and let them do their job...you should comply, or be arrested for obstruction, its fairly simple.

You realize that, as in many documented incidents, "take your ass inside" can actually mean, "take your ass inside because we don't want to see ourselves on YouTube abusing citizens."

[OddBall]

From what I can see the family members are the ones that escalated the situation. Cop tells you to leave, you leave. You don't stand there and argue with them. They brought this onto themselves.

Fat cop needs to fired. There was no call for his conduct whatsoever.

[Mike Mercury]

Originally Posted by OddBall

Fat cop needs to fired. There was no call for his conduct whatsoever.

notice, he walks around - from person to person... either kicking or kneel'ing on them with all his weight.

[DukeAllen]

Originally Posted by FasterTraffic

You realize that, as in many documented incidents, "take your ass inside" can actually mean, "take your ass inside because we don't want to see ourselves on YouTube abusing citizens."

But it still will save you from an ass beating or arrest.

[Craig]

Originally Posted by Mike Mercury

notice, he walks around - from person to person... either kicking or kneel'ing on them with all his weight.

Self esteem issues...

[FasterTraffic]

Originally Posted by DukeAllen

But it still will save you from an ass beating or arrest.

Discretion can be the better part of valor, depending on the situation. The problem, however, is there is too much "respect mah authoritah" that simply presumes the <insert government agency> is in the right, their power to act is absolute, and woe be unto the peasant who dares defy them. Folks play up the, "They have a tough job, walk a mile in their shoes, boo hoo," line, and meanwhile those agencies enjoy greater power and broader legal protection from all manner of transgressions.

Government is not reason, it is not eloquence - it is force.
- George Washington

[CP]

I live in Precinct 4.

[Torqaholic]

Take your stinking paws off me you damn dirty ape! - YouTube

[RED-85-Z51]

Originally Posted by DukeAllen

But it still will save you from an ass beating or arrest.

Exactly...

If you notice, all the people in that video that didnt get their asses kicked and have lard-ass kneel into them? The ones that minded their damn business and stayed the Fk inside...

[wesmigletz]

Why are none of the enforces stopping the fat **** from abusing the citizens? Why did they not stop his assault? Apparently, the other enforces condone and accept his treatment of the citizens. Of course, that assumes we are citizens and not already subjects.

[NEED-A-VETTE]

Originally Posted by Craig

Small penis issues...

Fixt.

[...Whitepower...]

Originally Posted by NEED-A-VETTE

Fixt.

That explains my confidence and care free disposition. Thanks.

[...Whitepower...]

BTW i want to see the video and audio from the initial stop to see exactly how this escalated.