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‘Ex-DPS commissioner immune from police brutality suit’
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Posted on Sep 25 2011
Former Department of Public Safety commissioner Santiago F. Tudela is entitled to qualified immunity therefore, the court should dismiss the claims against him filed by a man who lodged a police brutality lawsuit against DPS and a former police officer, according to the Office of the Attorney General.
Assistant attorney general David Lochabay, counsel for Tudela, asserted that plaintiff Jin Dong Wang has failed to plead sufficient factual allegations suggesting that Tudela is liable for the injuries Wang suffered.
In a motion to dismiss, Lochabay said in the absence of such factual allegations, Tudela is entitled to the defense of qualified immunity.
The AAG said government officials, when performing discretionary functions, are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
“Even if pleadings were more factually sufficient, the qualified immunity defense protects Mr. Tudela from civil liability in regards to the allegation that he violated the Plaintiff’s civil rights by failing to properly train ad supervise and by not implementing and/or enforcing proper procedures to prevent the use of excessive force during arrests,” Lochabay said.
The government lawyer pointed out that there are no factual allegations showing any failure to train or supervise or properly implement procedures in the complaint.
“There are no factual allegations that will support a finding that a reasonable person in Mr. Tudela’s place would have known his or her conduct in training, supervising, and controlling police officers was violative of any person’s civil rights,” he said.
Wang, through counsel Robert J. O’Connor, sued former Police Officer Jesse Dubrall for assault and battery, false arrest, emotional distress, violation of civil rights, and negligence.
Wang, a Chinese national, sued DPS for negligence and violation of civil rights. He also included former DPS commissioner Tudela as co-defendant for violation of civil rights and negligence.
