HOUSTON – A federal judge has thrown out a lawsuit by Chad Holley alleging the city of Houston's policies, procedures and poor supervision contributed to his beating at the hands of city police officers.
Holley was 15 years old in 2010 when he was apprehended as he ran from police following a burglary in southwest Houston. A storage lot surveillance camera recorded video of officers beating and kicking him as he lay on the ground.
A total of seven officers were fired and four were charged with official oppression, a misdemeanor. Three of the officers were convicted.
Holley's mother filed a federal civil rights lawsuit against the four officers and the city of Houston alleging city policies, procedures and lack of supervision contributed to Holley being denied his constitutional rights.
But in a judgment signed Friday, U.S. District Judge Ewing Werlein found there was insufficient evidence to show the city was at fault. In his decision, Werlein wrote, in part:
"The fact that several officers ... did violate Holley's constitutional rights, and that the Offending Officers' supervisor failed properly to discharge his responsibilities, do not raise a fact issue that such misconduct was in accord with a supposed policy adopted by the City's policymakers."
The judge dismissed the case with prejudice, meaning it cannot be refiled. But the ruling can be appealed to the 5th U.S. Circuit Court of Appeals. Holley's attorneys were not available for comment Wednesday.