Markham resident has lawsuit against Matagorda Co. sheriff's deputy dismissed

GALVESTON - A federal lawsuit claiming a Matagorda County sheriff's deputy assaulted a Markham man was disposed last week.

U.S. District Court Judge Gregg Costa signed an order approving plaintiff Nathan Genzer's stipulation of dismissal with prejudice on June 5.

In court papers filed in Matagorda County District Court and sent to the Galveston Division of the Southern District of Texas, Genzer alleged that Robert Pierce and another deputy "unlawfully" came to his home while he had friends over on Feb. 3, 2011, and attacked him.

Genzer added the defendant arrested him afterwards, calling both the reported attack and subsequent apprehension illegal acts.

“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.

He amended the suit to say that Pierce committed trespass as well as grabbed his arm and shot him in the eye with pepper spray.

Meanwhile, the respondent formally disputed the allegations and entered a motion to dismiss.

The stipulation shows Pierce "does not object" to the dismissal.

Genzer was represented by attorney Jim A. Adams of Bay City while Matagorda County Attorney Denise Michelle Fortenberry served as Pierce's counsel.

Case No. 3:13-CV-0058