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The City of San Marcos and Hays County are named in a federal lawsuit claiming excessive force by police K9 and less-than-lethal tools. Inadequate disciplinary practices and disproportionate use of force are alleged to be the root of this incident.
San Marcos Lawsuit Claims Police K9 Assault
Plaintiff John Gregson, represented by legal counsel, has initiated legal proceedings against the City of San Marcos, Hays County, San Marcos Police Officer John Reeder, and Hays County Sheriff’s Deputy Chris Adams in the United States District Court for the Western District of Texas, Austin Division. The lawsuit seeks damages and other legal and equitable relief for alleged violations of rights under the United States Constitution, actionable under 42 U.S.C.A. § 1983, as well as any other inferred cause(s) of action.
The complaint alleges that on April 16, 2022, Defendants Reeder and Adams responded to a seemingly innocuous 911 dispatch regarding a verbal altercation at Plaintiff Gregson’s residence. Despite Gregson’s peaceful compliance with officer commands, it is claimed that Officer Reeder unleashed a police canine to viciously attack Plaintiff Gregson, while simultaneously, Deputy Adams fired a less-than-lethal impact round at Gregson at close range.
The lawsuit contends that the City of San Marcos’ alleged inadequate disciplinary policies and failure to reform the disciplinary process for officer misconduct influenced Officer Reeder’s alleged unconstitutional actions and contributed to Plaintiff Gregson’s injuries resulting from the dog attack. Additionally, it asserts that Hays County’s purported custom or practice of disproportionate use of force during arrests was the impetus behind Defendant Adams’ alleged unconstitutional actions and Gregson’s resulting injuries from the impact round.
As a consequence of the alleged unlawful actions by the defendants, Plaintiff Gregson seeks to recover damages based on violations of rights under the United States Constitution, including protections against excessive force under the Fourth Amendment, actionable under 42 U.S.C.A. § 1983. The lawsuit also raises claims of municipal liability for allegedly authorizing the use of excessive force and failing to adopt policies, both actionable under 42 U.S.C.A. § 1983.
Use of K9 Leads to Excessive Force Claims
The facts of the lawsuit claim excessive use of force occurred on April 16, 2022. The incident started when Gregson’s father called 911. During the call, Gregson’s father stated his son was “acting like an a**hole.” The father didn’t provide any other information and did not allege physical violence or threatening behaviors. During the call, the father informed the 911 dispatcher that his son was upstairs in his room. The father refused to answer any other questions from the operator and hung up the phone; however, while still on the phone, his son left the house. Gregson went for a walk and to cool off from the argument. Once he returned home, he went into the backyard and fell asleep under the pool deck.
The lawsuit claims the officers arriving on the scene declared Gregson a “barricaded subject” when they could not make contact with him. This caused their Special Weapons and Tactics (SWAT) team to be activated. Once the SWAT team arrived on the scene, they requested a drone to fly over the backyard to locate Gregson. SWAT was able to locate Gregson under the pool deck and began using a loudspeaker. They were ordering Gregson to come out of where he was and place his hands on his head.
The footage, per the lawsuit, shows Gregson visibly unarmed. This was corroborated by two other officers who were stationed behind the back fence. Gregson was complying with officers’ commands and had his hands on his head. The lawsuit states Gregson took no other action and did not resist.
It was documented the SWAT team entered the house to exit the back door so they could get to the backyard. Gregson was standing next to the pool deck with his hands on his head. There were officers behind the back fence with their firearms pointed at Gregson and he was “spotlighted.”
Reeder, a San Marcos Police Department K9 Officer, approached and yelled to Gregson, “come out now, or you’re going to get bit.” Gregson, identified as compliant to commands, responded with “Why am I going to get bit? I’m right here with my hands up.” He then stated, “I have no weapon whatsoever.”
Later seemingly confirming the statements of Gregson, Officer Conner Fleming wrote in his report: “Once he exited his place of concealment, I held less lethal coverage on Gregson. We held Gregson in place until the SWAT Team was able to move into the backyard and take custody/control of Gregson.”
For some unidentified reason, Reed ordered the K9 to attack Gregson. He fell to the ground in extreme pain. During the encounter with the K9, Gregson was told to “comply with our commands now,” “put his hands up,” then he was shot by Adams at point-blank range with a less-than-lethal 40mm exact impact marking round. Gregson pled for the officers to get the dog off of him. Their response was to tell Gregson, “you have to stop moving.”
Gregson suffered from numerous dog bits on his leg and stomach. He even lost part of a finger as a result of Reed’s deployment of the K9. The less-than-lethal round left a large bruise and caused Gregson to enter painful muscle cramps for weeks.
Allegations of Inadequate Disciplinary Practices in San Marcos
The lawsuit claims the City of San Marcos has an inadequate disciplinary policy and highlights a few areas of concern:
- Delayed Reporting and Interviewing:
- The lawsuit claims that the department’s policy mandates officers to report incidents involving force up to forty-eight hours later. Additionally, there is a mandatory forty-eight-hour waiting period before officers involved in misconduct or use of force can be interviewed.
- It’s argued that these delays provide officers with ample time to coordinate their accounts and potentially manipulate evidence, undermining the effectiveness and integrity of investigations.
- 180-Day Time Limit for Investigations:
- The lawsuit highlights a strict time limit of one hundred eighty days for investigating officer misconduct or unlawful actions. Beyond this timeframe, no investigation or disciplinary action is pursued.
- Critics argue that this time limit may hinder thorough investigations into serious allegations and limit accountability for misconduct that may come to light after the stipulated timeframe.
- Repercussions of Inadequate Disciplinary Policies:
- The lawsuit asserts that these inadequate disciplinary policies have fostered a culture of impunity within the police department. Officers allegedly evade meaningful discipline for their actions, allowing them to maintain their positions, seniority, and eligibility for promotions.
- Specific cases, such as the continued employment and promotion of officers involved in misconduct, are cited as examples of the systemic issues stemming from these policies.
- Public Advocacy for Reforms:
- The lawsuit mentions efforts by the public to advocate for disciplinary reforms through written submissions and participation in City Council meetings. These efforts aimed to address the perceived inadequacies in the department’s disciplinary practices and promote transparency and accountability.
- However, the lawsuit claims that these reform proposals were rejected by the City Council, indicating a lack of responsiveness to community concerns regarding police accountability.
- Impact on Plaintiff Gregson’s Case:
- The lawsuit argues that the culmination of these inadequate disciplinary policies directly contributed to the injuries suffered by Plaintiff Gregson. It’s alleged that Defendant Reeder’s actions were enabled by the culture of impunity fostered by these policies, highlighting the real-world consequences of systemic issues within the police department.
These aspects collectively underscore the complexities and challenges surrounding disciplinary practices within the San Marcos Police Department, as outlined in the lawsuit. The allegations raise important questions about transparency, accountability, and the need for effective reforms to address systemic issues and ensure public trust in law enforcement agencies.
The lawsuit also provides examples of alleged improper conduct:
- Excessive Force by Corporal James Polermo:
- In May 2013, allegations arose regarding the use of excessive force by Corporal James Polermo during an altercation with Alexis Alpha. The incident reportedly resulted in injuries to Ms. Alpha, prompting a felony charge against her for obstructing an investigation and resisting arrest.
- Subsequent investigations highlighted a pattern where many of Corporal Polermo’s pending criminal cases involved charges of resisting arrest, suggesting a potential trend of forceful confrontations.
- Unjustified Use of Force on Albian Leyva by Sgt. Ryan Hartman:
- In January 2021, an incident involving Sgt. Ryan Hartman and Albian Leyva brought forward allegations of unjustified use of force. Despite Mr. Leyva’s compliance and lack of immediate threat, Sgt. Hartman reportedly employed force and subsequently charged Mr. Leyva with interfering with public duties, a charge that did not result in conviction.
- Internal investigations scrutinized the use of force in this incident, ultimately concluding that Sgt. Hartman’s actions were excessive and unwarranted.
- Failure to Intervene in Dangerous Situation:
- In October 2020, concerns were raised about the police force’s response during a tense situation involving a campaign bus. Multiple urgent 911 calls reported aggressive behavior by surrounding vehicles, but the response was criticized for being insufficient to de-escalate the situation.
- The incident culminated in a collision on the highway, leading to subsequent legal actions and a settlement against the city. Discussions surrounding this incident emphasized the need for effective intervention protocols in similar high-stress scenarios.
- Fatal Accident Involving Sgt. Ryan Hartman:
- In June 2020, Sgt. Ryan Hartman was involved in a fatal accident that raised questions about accountability and proper handling of the situation. The incident occurred at a stop sign, resulting in a collision that tragically led to the death of Jennifer Miller, who had the right of way.
- Concerns regarding potential intoxication and adherence to traffic regulations were part of the discussions surrounding this incident, prompting internal reviews and considerations about disciplinary measures.
These incidents, as presented in the lawsuit, highlight areas of concern within the San Marcos Police Department’s operations and underscore the importance of thorough investigations, accountability, and adherence to protocols in ensuring public safety and upholding constitutional rights.
Allegations of Disproportionate Use of Force in Hays County
The lawsuit against Hays County mention concerns about a potential custom or practice of disproportionate use of force, as outlined below:
- Disproportionate Use of Force:
• Public records from 2016 to 2021 suggest differences in the frequency of force usage by the Hays County Sheriff’s Office compared to other Texas Sheriff’s Offices. These records indicate a higher rate of less-than-lethal and lethal force usage per arrest.
• These findings raise questions about the Sheriff’s Office’s approach to handling situations that may require force, prompting discussions about their policies and procedures. - High Rate of Officer-on-Inmate Violence:
• Reports from the Texas Commission on Jail Standards between 2017 and 2022 indicate that the Hays County Jail had a higher rate of officer-on-inmate violence compared to other jails in Texas.
• These reports highlight differences in the frequency of violent incidents within the jail system, prompting considerations about inmate management practices. - Example of Excessive Force Complaint:
• The lawsuits mention an incident where a pretrial detainee, Joshua Wright, lodged a complaint about being severely beaten by deputies at the Hays County Jail. The complaint was dismissed following the Sheriff’s Office’s response, citing concerns about the detainee’s credibility.
• This incident underscores the importance of fair and thorough investigations into complaints related to the use of force, ensuring transparency and accountability. - Response to Indictment and Promotion of Violence:
• Following an indictment involving Deputy Isiah Garcia, there were requests for video footage of the incident, which were not granted by the Sheriff’s Office nor the newly elected District Attorney. Additionally, there was a statement supporting Deputy Garcia’s actions.
• These actions prompt discussions about the handling of internal matters and transparency in responding to legal proceedings.
These allegations and concerns mentioned in the lawsuit prompt discussions about law enforcement practices, transparency, and accountability within the Hays County Sheriff’s Office. It’s important to note that these are allegations and not conclusive findings of fault.
Disclaimer
The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.
Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.
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