HOUSTON – A man alleges he was not trying to flee officers in Missouri City after a vehicle crashed but was trying to move away from it because he thought it would explode.
Nicholas Harper filed a complaint on May 15 in the Houston Division of the Southern District of Texas against the city of Missouri City, Mike Berezin, Greg T. Nelson and John Doe citing the Fourth and 14th Amendments.
According to the complaint, the plaintiff alleges that on May 14, 2016, he was driving a faulty vehicle that he had borrowed and the vehicle crashed. He alleges once the vehicle stopped, he smelled gas and tried to quickly move away from it because he was concerned it would explode. The suit states officers Nelson and Doe considered this move resisting arrest and an attempt to fee.
He alleges officers Nelson and Doe detained him and that Nelson struck him repeatedly with a stun gun, causing bleeding and bruises. The suit states he was arrested and taken to the Fort Bend County Jail.
The plaintiff holds the city of Missouri City, Berezin, Nelson and John Doe responsible because the defendants allegedly unlawfully used excessive force.
The plaintiff requests a trial by jury and seeks compensatory damages, attorney fees, costs and all other relief that are lawful and equitable. He is represented by U.A. Lewis of The Lewis Law Group PLLC in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-01562