Man claims Harris Co. deputy constables used excessive force

Attorney for man files lawsuit against county, 3 past & current deputy constables

Published On: Aug 31 2013 11:14:04 PM CDT   Updated On: Sep 02 2013 07:58:41 AM CDT
Deputy beating on camera
HARRIS COUNTY -

A Houston man claims Harris County Precinct 4 deputy constables punched and kicked him after a traffic stop in front of his own home.

An attorney for David Scherz, Jr., 26, filed a lawsuit Friday afternoon against Harris County and three past and current deputy constables, alleging they used excessive force and detained him without probable cause.

According to the lawsuit, it all started September 10, 2011 when a Precinct 4 deputy constable pulled Scherz over and accused him of rolling a stop sign.

Attorney Randall Kallinen released dash-cam video of the incident at a press conference Saturday evening.

"He's 6'5, he's huge and he kicked him in the ribs five times, and then he knee dropped him while he is handcuffed, all 400 pounds of him, and then he pulled him up by the nose," said Kallinen.

David Scherz, Jr. said a confrontation began after he was pulled over and his mother went outside and asked why the deputy constable was outside her home and questioning her son.

Yvonne Scherz said a deputy constable told her to go back inside her home and when she refused, he charged at her and arrested her.

"It was pretty much chaos as my mom was getting arrested. We were yelling, 'You can't do this in our country. This is excessive force,'" said David Scherz, Jr.

Kallenin said in all, five family members were arrested that day but the charges were dropped in June.

Yvonne Scherz said the family decided to get a lawyer and file the lawsuit after the charges were dismissed.

"My son wouldn't let it go. He said, 'Mom, if they are doing this to us, think about what they're doing to everyone else. You can't just let it go,'" said Yvonne Scherz.

Jim Sumner from the Precinct Four Constable's Office told Local 2 the county hadn't received the lawsuit yet, but did confirm an internal affairs investigation was underway after a complaint was filed with the constable's office.

Sumner said the complaint was filed within the last month and the results of the investigation will be forwarded to the district attorney's office.