George Benard was shot by Houston Police Officer F. Rodriguez, Jr. on March 19, 2013 during the execution of a no-knock search and arrest warrant. Officer Rodriguez was the first of seven members of the Houston Police Department to enter the residence at 6725 Sherwood Drive in Southeast Houston. Mr. Benard was shot when he failed to comply with officer’s verbal instructions and made physical movements that Officer Rodriguez interpreted as presenting an immediate danger to himself and other police officers. Officer Rodriguez fired one shot which struck Benard in the abdomen causing serious injuries. Benard was subsequently determined to have been unarmed. HPD’s Internal Affairs Division (“IAD”) conducted an investigation and found the shooting to be justified.
On March 19, 2015, Plaintiff filed his lawsuit pursuant to 42 U.S.C. Section 1983, alleging constitutional violations against the City and the Houston Police Department in Civil Action No. 4:15-cv-00734; George Benard vs. the City of Houston; in the United States District Court for the Southern District of Texas, Houston Division. The complaint was subsequently amended on January 7, 2016 to include Plaintiff’s mother, Elizabeth Gonsoulin, as an additional Plaintiff and all seven members of the Narcotics Division Squad executing the warrants, as Defendants. Plaintiffs claimed the City and individual officers violated their Fourth Amendment rights by using excessive force. Defendants filed motions for summary judgment and a Magistrate Judge recommended dismissal of all of the claims by Elizabeth Gonsoulin and all of the claims against the City and individual officers, with the exception of the excessive force claim filed individually against Officer Rodriguez. On March 22, 2017 Judge Gray Miller adopted the Magistrate’s recommendation and dismissed all but the 4th Amendment excessive force claim against Officer Rodriguez.
The City Legal Department continued to represent Officer F. Rodriguez under the City’s obligation to represent and indemnify City employees in Sections 2-303 and 2-204 of the Houston, Texas Code of Ordinances. The Plaintiff and Officer F. Rodriguez engaged in mediation and agreed to resolve Plaintiff’s claims for a settlement amount of $85,000.00. The Legal Department recommends that Council adopt an ordinance approving and authorizing settlement of Plaintiff’s claims against Officer F. Rodriguez by issuing a check to the Interest on Lawyers Trust (IOLTA) account of the Gadson Law Group, in the amount of $85,000.00.
FISCAL NOTE: Funding for this item is included in the FY2018 Adopted Budget, therefore no Fiscal Note is required per the Financial Policy Ord. 2014-1078.