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News (Media Awareness Project) - US TX: Dead Man's Children Sue Police
Title:US TX: Dead Man's Children Sue Police
Published On:1999-04-16
Source:Houston Chronicle (TX)
Fetched On:2008-09-06 08:14:09
DEAD MAN'S CHILDREN SUE POLICE

Injury Caused By HPD Led To Death, Suit Claims

A lawsuit accuses Houston police of killing a 61-year-old man two
years ago by storming into a house and dropping a battering pole on
his foot.

The state district court suit claims Harrison Hughes suffered a toe
infection that led to a bacterial blood infection known as septic shock.

Hughes died of a heart attack April 29, 1997, while hospitalized for
brain damage caused by the septic shock, the suit said.

Wes Dauphinot, a Fort Worth attorney who represents Hughes' two adult
children, said a coroner ruled the heart attack was caused by septic
shock. Hughes had previous heart problems, Dauphinot said.

The suit was filed Wednesday by Hughes' daughter Sharon King, 35, of
Houston and son Carl of Riverside, Calif., also in his 30s.

They seek unspecified damages, but, Dauphinot said state law limits
the amount recoverable from governmental agencies to $250,000.

City officials declined to comment.

Dauphinot said Hughes was at his stepdaughter's home at 917 W. Little
York on April 16, 1997, when several police officers arrived about
3:30 p.m. to arrest her stepson on drug possession charges.

He said Hughes, a former chef, had no criminal history. The police
found no drugs or weapons, Dauphinot said, and the charges against the
suspect were later dismissed.

"The officers carried a battering pole to knock the door down if
deemed necessary," the suit said. "When (Hughes) opened the front door
to greet them, the officers rudely pushed him aside against a wall and
dropped the battering pole on his foot in the process."

Dauphinot said Hughes' foot was fractured and emergency medical
workers advised him to bandage it, which he did.

Dauphinot said no police report exists of the incident, and he does
not know which officers were at the scene.

He said he hopes the incident was an "accident" rather than police
brutality, but that "at the very least," he will sue for negligence.

Dauphinot said state law prevents Hughes' stepchildren from being
plaintiffs.
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