John Suayan, Galveston Bureau Nov. 2, 2012, 10:57am

HOUSTON - A Huntsville man is suing the city of Rosenberg and the Rosenberg Police Department over what he claims was "unreasonable excessive force" during an arrest. 

Recent court documents filed Oct. 23 in the Houston Division of the Southern Division of Texas claim Rosenberg Police Officer Cullen Brady stomped Willie Fleming in the head three times after Fleming was apprehended for an alleged aggravated robbery.

Prior to the events in question, according to the suit, Fleming was in the process of trying to evade authorities.

The suit shows the plaintiff reportedly brandished a firearm at Rosenberg police but did not fire a shot, stating he stopped his vehicle to surrender only to flee again when officers purportedly fired at him.

Fleming recalls one of the shots bringing him down and the aforementioned officers detaining him.

He asserts his alleged gun was unloaded and police found no bullets on his person.

Despite offering no resistance while lying on the ground and the arresting officers standing down, the plaintiff was then approached by Brady and assaulted, the original petition states.

The complainant adds he no longer has vision in his left eye.

Brady, who is also a defendant, is faulted for violating Fleming's constitutional rights.

Meanwhile, his employers are blamed for:

  • Failing to properly train its officers on policies and procedures;

  • Failing to screen and monitor its police officers to ensure that they do not have a history of assault;

  • Failing to supervise its officers to ensure that they will not commit assault; and

  • Failing to discipline its officers who have allegedly committed assault.

A jury trial is requested.

Attorney Chareka M. Gadson with Gadson Law Group PLLC in Houston is representing Fleming.

Case No. 4:12-CV-3160

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