Teen’s suit against the city is dismissed

A federal judge has dismissed a 2010 civil rights lawsuit filed by Chad Holley, an unarmed teen whose beating by Houston police officers was captured on a video that made national headlines and led to criminal charges against four officers.

U.S. District Judge Ewing Werlein on Friday dismissed the case with prejudice, which bars Holley from filing another lawsuit against the city based on the same allegations.

Holley could request a review by the 5th U.S. Circuit Court of Appeals.

Troy Pradia, a member of Holley’s legal team, said he’s discussing a possible appeal with his client.

“We’re still trying to digest the opinion. It was going to be a tough road against the city. We did settle with the officers. They didn’t get away scot-free,” he

said. “It’s very hard, especially in the 5th Circuit, to get the city on the hook for municipal liability.”

City officials will be satisfied if this is the end of the lawsuit.

“We are pleased the judge in this court has found no reason to allow this case to proceed,” Janice Evans, a spokeswoman for Mayor Annise Parker, wrote in an email. “Although it is always possible, the city is hopeful there will not be an appeal by the other side.”

Mom filed for son

The original complaint was filed by Joyce Holley on behalf of her son, who was a minor in 2010 but is now 21.

The lawsuit named the city as well as officers Andrew Blomberg, Raad Hassan, Phil Bryan and Drew Ryser — who were indicted for official suppression and fired by the Houston Police Department.

The case alleged that the city’s policies caused unconstitutional conduct by officers who were inadequately supervised and improperly trained to use non-lethal force.

Holley settled his claims against the four officers in 2014.

Pradia said he could not reveal the amounts or whether the city covered the settlements but described the payments as “satisfactory.”

Werlein’s order echoed liability on the officers’ parts but questioned the city’s fault.

“The parties do not dispute that Holley had a constitutional right to be free from unreasonable and excessive force and that the offending officers violated that right, but they dispute whether the city is liable for that violation,” the judge wrote. “Indeed, the summary judgment evidence demonstrates as a matter of law that if the offending officers had adhered to the city’s official written policies, Holley would not have sustained a violation of his constitutional right to be free from unreasonable and excessive force.”

Werlein concluded that the lawsuit’s lack of training allegation wasn’t a “genuine issue” because HPD’s academy and continuing education requirements are “far more robust than that mandated by the state of Texas” and that the department adequately teaches officers “to deal appropriately with the usual and recurring situations encountered in high stress situations.”

The judge also said the lawsuit mischaracterized the department’s use of force policy.

Dozen disciplined

The Holley beating was among incidents that HPD Chief Charles McClelland in 2012 said he asked the U.S. Justice Department to review.

In March 2010, then15-year-old Chad Holley — a suspected burglar — was filmed running from police, then lying face-down with his hands above his head as officers punched, kneed, kicked and stomped on him. The video of a black teenager being beaten by white officers prompted national outrage as well as discussions about abuse and racial issues in policing.

A dozen officers were disciplined in the incident.

Holley was convicted of burglary in the 2010 case. He pleaded guilty to a later burglary charge and received probation.