GALVESTON — The city of Galveston and Galveston County were dismissed from a lawsuit brought by relatives of a man who died after police subdued him with an electrical stun gun.
On behalf of relatives of Raymond Luther Allen, 34, attorney Anthony G. Buzbee filed a suit in March against Taser International, the city and the county, claiming a Galveston police officer and deputy used excessive force.
Buzbee, citing a full plate with BP litigation, withdrew from the case, which was then picked up by attorney Benjamin Russell Roberts of the Pinkerton Law Firm of Houston.
Taser was dismissed from the suit in July, and attorney Chad Pinkerton requested the dismissal of the final two defendants, the city of Galveston and Galveston County, from the suit without prejudice. U.S. Magistrate Judge John R. Froeschner granted the request Wednesday, according to court documents.
A telephone message left Thursday with Chad Pinkerton seeking comment wasn’t returned.
Witnesses told police Allen twice jumped from the second-floor balcony at the Beachcomber Inn, 2825 61st St., on Feb. 27. A deputy waiting on friends during the lunch hour detained Allen for his safety beneath a carport at Happy Buddha restaurant, 2827 61st St., and called Galveston police.
Authorities accused Allen of resisting arrest for public intoxication and shocked him with a stun gun while trying to control him, police said.
After a conversation with police, Allen fell unconscious and stopped breathing. He died Feb. 29 at the University of Texas Medical Branch.
The death was referred to the Texas Department of Public Safety for an independent investigation.
The Galveston County District Attorney’s Office is awaiting records from the Medical Branch before presenting the matter to a grand jury, which could take place in December or January, said Kevin Petroff, the chief prosecutor of the office’s Trial Division.
The county, district attorney’s office and Texas Department of Public Safety in June asked the Attorney General of Texas to withhold a request by The Daily News, which sought Allen’s autopsy and toxicology report. The agencies claimed release of the information would interfere with a pending investigation.