Woman claims Houston police officer fatally struck son with vehicle, sues city

HOUSTON - The mother of a man who was reportedly struck by a Houston police vehicle and succumbed to his injuries has brought a lawsuit against the city.

In court documents filed July 30 in Houston federal court, Catherine Cortez alleges that police officer J. Greenhaw pursued Jason Trevino in a cruiser and "intentionally and recklessly" hit the decedent, who was operating an ATV, twice on July 27, 2011.

The suit further asserts the second collision "destroyed the ATV and flipped it on its side" killing Trevino.

According to the original petition, the decedent "was unarmed and posed no threat to Officer Greenhaw or the public at large."

"Officer Greenhaw used excessive force pursuant to a policy, habit, custom and/or practice of the defendant City of Houston Police Department which allowed excessive force to be used in the apprehension, arrest and/or seizure of Jason Trevino during a vehicle pursuit or chase," the suit says.

Cortez adds the subject event violated her son's Fourth Amendment rights, however, the city conducted an internal affairs investigation "and determined no city policy was violated therefore all acts of Officer Greenhaw were ratified as the city's own policies."

No charges were filed against Greenhaw, who is a co-defendant in the litigation, the suit says.

A jury trial is requested.

Attorney Randall L. Kallinen of the Law Office of Randall L. Kallinen in Houston is representing Trevino's estate.

Case No. 4:13-CV-2212