Alleged use of excessive force by Webster police officer results in lawsuit

GALVESTON - Kimberly Diamond-Brooks and Valerie Ann Gonzales claim an officer with the Webster Police Department used excessive force against them last year, recent court documents say. 

According to a lawsuit filed Oct. 22 against the city of Webster and WPD Chief Ray Smiley in Galveston County District Court, Raymond Barryman shot the women without provocation.

Barryman is also a defendant in the case.

The plaintiffs insist they "were unarmed and did not pose a threat to (the) defendant Berryman or any Webster police officer."

The suit asserts the officer's alleged actions violated WPD's deadly force policy, stating he used excessive force before when he Tasered a minister during an arrest.

It asserts the city and the chief failed to train Berryman to constitutionally use force or enforce policies and procedures.

The complainants further show the assault in question went against the Fourth and Fourteenth Amendments.

"The defendants city of Webster and Chief Smiley, directly or indirectly, under the color of law, approved or ratified the unlawful, deliberate, malicious, reckless and wanton conduct of the defendant Berryman," the original petition says.

Although they do not elaborate on the extent of the aftermath, the women state they sustained "severe, significant, disabling and permanent personal injuries."

Consequently, the plaintiffs seek unspecified monetary damages and a jury trial.

They are represented by attorney Edwin E. Wright III with the Law Offices of Ed Wright in Dallas.

Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 12-cv-2303