SHSU,UPD dropped from police brutality lawsuit
Published: Tuesday, September 3, 2013
Updated: Tuesday, September 3, 2013 00:09
Sam Houston State University and the University Police Department have been removed from a lawsuit over alleged police brutality in a case that started more than two years ago.
Aman Abdulaziz, now a former SHSU student was arrested in October 2010 after leaving a university dormitory near sosority hill. During the arrest the police dashcam caught two officers tackling Abdulaziz to the ground followed by Abdulaziz repeatedly asking, “Why are you kicking me?”
The most controversial part of the video occurs moments later when an officer seemingly said, “I was choking the shit out of him.”
Abdulaziz filed a case against SHSU, UPD, the City of Huntsville and all of the officers involved in his arrest. The City of Huntsville was dropped from the case in earlier sections of the document.
Court documents show that on Dec. 19, 2012 the defense team filed a motion to dismiss the case against SHSU and UPD on the grounds of “failure to set a claim upon which relief can be granted,” and that all states and bodies governed by the state maintain “immunity from suit” in accordance with the 11th Amendment of the U.S. Constitution.
This immunity can only be bypassed if the state chooses to go to court or if “Congress abrogates the states immunity,” or waive the right of the state’s ability to bypass litigation.
The case was dropped April 25 citing the court's lack of jurisdiction over the state as one reason.
Abdulaziz maintains his case against officers Dan Goodbread, David Warner, Rocky Carrell, Matt Patterson, Lieutenant Ron Cleer and five unidentified parties.
Neither the defense nor Abdulaziz's attorney were available for comment on the case at this time.