Harris County Sheriff’s Deputies Shoot and Kill Man – Harris County Loses Motion to Dismiss in Federal Court in Houston
A federal judge in Houston discarded Harris County’s arguments regarding a police shooting that occurred in November 2015. In Ray Chatham v. Harris County, the parents of a man shot and killed by Harris County Sheriff’s deputies sued Harris County under, among other things, 42 U.S.C. § 1983 for alleged violation of their son’s constitutional rights.
On or about November 17, 2015, Harris County deputies received notice that a JeRay Chatham was allegedly following a woman. When the Harris County sheriff’s deputies arrived, Mr. Chatham was driving the area. Mr. Chatham allegedly got out of his car and ran to a nearby apartment complex. The Harris County sheriff’s deputies followed Mr. Chatham into the apartment complex, and then shot and killed him. They allegedly did not do so from close range, and Mr. Chatham was allegedly not facing or lunging at the deputies.
Harris County made some strange arguments in attempting to have the Plaintiffs’ claims dismissed. Harris County alleged that the court lacked subject matter jurisdiction. A federal court has subject matter jurisdiction, generally, when it hears issues which arise under federal law or when there is a dispute between citizens of different states and the amount in controversy exceeds $75,000.00. Harris County’s argument that the court lacked subject matter jurisdiction was odd at best because the court was deciding, among other things, claims pursuant to a federal civil rights statute, arising under the United States Constitution. The federal judge handily discarded thet argument.
Harris County also made the strange assertion that the parents of the man who was killed did not have standing to bring claims. Generally, “standing” means that a person was personally harmed or aggrieved. Harris County argued, “Plaintiffs have set forth no allegations or facts to support the allegations that they have standing to assert equitable claims for the deceased Chathum.” The court responded quite simply – “The court disagrees.” As if Harris County needed to be reminded what happened, the court wrote flatly, “Plaintiffs allege that Harris County deputies killed their son.”
Cities and counties throughout Texas tend to vigorously fight any claims brought for excessive force, in shooting cases, or due to the death of a person in a city or county jail, from denial of medical care and/or suicide. The court-created doctrine of qualified immunity tends to result in many cases being dismissed. It is important that an attorney representing the family of someone killed in Texas by police officers and/or as a result of actions or inaction by jailers in a jail have a good understanding of federal law and how to bring federal claims. Fortunately, in this case, the federal judge saw through specious arguments and disposed of them.
Dean Malone
Dean Malone