Judge's ruling clears way for civil trial over 2017 controversial arrest

HOUSTON, Texas (KTRK) -- A federal judge's ruling now clears the way for a civil trial against two Houston police officers over a controversial arrest more than three years ago.

The judge found the officers cannot be immune to claims of excessive force and assault and battery.

Jose Gomez was arrested over a traffic violation in March 2017. Body camera video provided by Gomez's attorney shows Gomez being pulled over as an officer stands next to his car window.

In the video, one of officers says, "You said you don't have your wallet. Get out, turn around and put your hands behind your back."

The video is dark, and it's hard to tell what happens next. Then, you see Gomez in handcuffs and hear an officer shouting, "Stop resisting!" Gomez responds in the video saying, "I didn't do nothing."

Gomez was arrested for resisting arrest, but the charge was later dropped.

READ MORE: Man charged with resisting arrest now suing police, city of Houston for excessive force

"I asked to myself, how come they don't listen to what I say, like don't break my arm," Gomez said. "I've got to work tomorrow. That is my wallet. Why they do that to me? They don't listen. They just take me to jail. From the jail, they take me to the hospital."

Gomez said he still needs surgery for pains in his shoulder, back and elbows.

Gomez's attorney told Eyewitness News a jury trial for the civil claims could be sent in the next few weeks. He's calling for a third party review of claims of excessive force by police.

ABC13 reached out to HPD Monday evening. The Houston Police Officers' Union called the legal filing outlandish.

Both officers were cleared by an internal investigation.
Copyright © 2021 KTRK-TV. All Rights Reserved.