Motorist sues Pearland police officers, alleging excessive force

Molly English-Bowers Sep. 8, 2015, 2:07pm


A Houston man is suing two Pearland police officers, alleging a traffic stop resulted in serious injuries.

Chad Neely filed a lawsuit June 16 in the Galveston Division of the Southern District of Texas, against the city of Pearland, the Pearland Police Department, and police officers James Baldwin and Gabriel Cortes.

According to the complaint, on Aug. 17, 2013, the officers pulled Neely over in Pearland and issued him a field sobriety test. During the course of the test, the plaintiff says he was cooperative but the officers showed excessive force. The suit says Neely suffered injuries that required stitches.

The suit further says other officers witnessed the incident and did not intervene.

The plaintiff alleges the officers individually violated his 4th and 14th Amendment rights, and are guilty of lack of due process, plus cruel and unusual punishment in violation of his 8th Amendment rights.

The suit says the city and the Pearland Police Department failed to adequately supervise its police officers, and violated the Texas Tort Claims Act.

Neely seeks a jury trial, damages from medical expenses, lost wages and punitive damages, plus attorney fees and court costs. He is represented by attorneys Robert R. Luke and Ashlee E. Duhman of The Luke Law Firm in Houston.

Galveston Division of the Southern District of Texas case number 3:15-cv-00150.

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