HOUSTON – A man and his father are suing the city of Katy for injuries he allegedly suffered while handcuffed and in the custody of two police officers.

Odis Randal Burleson and his son, Kirk Burleson, filed a lawsuit Dec. 28 against the city of Katy and police officers Stefen Wolff and Tonio Myers in the Houston Division of the Southern District of Texas Court, citing violations of the Fourth, Fifth and 14th Amendments.

According to the complaint, on Jan. 2, 2014, Kirk Burleson was taken by a friend to the Katy Police Department and reported that individuals were following him. He was asked and agreed to be taken to the Ben Taub General Hospital for a mental evaluation, the complaint states. He was then handcuffed and placed in the back of a patrol car by Wolff and Myers, according to the lawsuit. The suit states that Kirk Burleson was never informed that he was arrested.

While en route to the hospital, the suit states Kirk Burleson became progressively paranoid and fearful and tried to exit the car. According to the lawsuit, Wolff and Myers used excessive force in apprehending Kirk Burleson – well aware that he was suffering from a mental condition. Kirk Burleson allegedly suffered numerous injuries to his body and a traumatic brain injury.

The Burlesons, who are seeking actual and punitive damages, are represented by attorney John A. Caston and Michael S. Tilton of Tilton & Tilton LLP in Houston.

Houston Division of the Southern District of Texas Court Case number 4:15-cv-03728

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