Matagorda Co. man claims sheriff's deputy assaulted him, files lawsuit
GALVESTON - A Matagorda County man seeks damages over an apparent attack by a law enforcement official two years ago, recent court documents say.
Markham resident Nathan Genzer sued Matagorda County Sheriff's Deputy Robert Pierce in Matagorda County District Court earlier this year.
Pierce removed the case to the Galveston Division of the Southern District of Texas on Mar. 1.
The suit states Genzer was hosting friends at his residence on or about Feb. 3, 2011 when Pierce and another sheriff's deputy, "acting in their capacities as deputies, unlawfully entered his premises and assaulted [him]."
Genzer adds the defendant arrested him afterwards, calling both the reported attack and subsequent apprehension illegal acts.
He faults Pierce for:
- Depriving him of his civil and constitutional rights;
- Trespassing upon his property;
- Falsely imprisoning him; and
- Intentionally causing him bodily harm.
"The defendant is not immune from the action due to his acting outside of his role as a deputy which dissolves any privileges he may have," the original petition says.
"The acts were malicious, illegal and unwarranted; consequently, the defendant violated the plaintiff's civil rights and used excessive force in carrying out this unlawful arrest."
The charges were eventually dismissed, according to Genzer.
Consequently, the complainant seeks unspecified monetary damages.
Attorney Jim A. Adams of Bay City is representing the complainant.Case No. 3:13-CV-0058