Harris Co. man claims deputy constables beat him during arrest, seeks damages

HOUSTON - Following a 2011 arrest which allegedly culminated in a physical assault, Harris County resident David Scherz Jr. has pursued legal action.

Scherz's lawsuit, filed Aug. 30 in Houston federal court, targets Harris County and Harris County Precinct 4 Deputy Constables Drummond, B. Lewis and T. Dahlin for the Sept. 10, 2011, incident.

Scherz, 26, was on his way to his northeast Harris County home when Lewis pulled him over for allegedly running a stop sign.

The plaintiff claims he did not ignore the stop sign nor commit any violation of the law. 

His mother then appeared to see what was going on only to be apprehended by Lewis for alleged "interference with public duties," an act which the suit says lacked probable cause.

Court papers further show that Lewis called for backup and "up to ten" Precinct 4 Deputy Constables, including Drummond and Dahlin, arrived on the scene, asserting the officers proceeded to grab, punch and mace the complainant.

According to Scherz, he showed no resistance while the law enforcement officials reportedly exerted excessive force on him.

He claims to have suffered "at least a fractured rib and extensive bruising" as a result of the subject event.

The original petition states that authorities charged Scherz with criminal mischief in response to a dent on the hood of Lewis's squad car.

It adds his and his mother's legal fees combined for more than $20,000.

Meanwhile, none of the respondent officers were disciplined despite video evidence, the complainant says.

A jury trial is requested.

Attorney Randall L. Kallinen of the Law Office of Randall L. Kallinen PLLC in Houston is representing Scherz.

Case No. 4:13-CV-2562