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Paper: Houston Chronicle U.S. District Judge David Hittner ordered jury selection to begin Aug. 18 in the $25 million lawsuit filed by the parents of Travis Allen. Responding to an intruder call on July 15, 1995, Bellaire police Sgt. Michael Leal and Officer Carle Upshaw found Allen injured and bleeding on the floor of a house in the 4400 block of Acacia. Allen, who was later found to have had LSD and marijuana in his blood, had smashed through the patio door. Noel and Rebecca Allen contend that Leal shot their son twice in the back after Upshaw put his foot on Allen's back to immobilize the teen. In a lawsuit filed against the officers and the city of Bellaire, the parents claim the officers are guilty of civil rights violations, excessive use of force, failure to protect, denial of medical treatment and wrongful death. But the officers contend Allen was resisting arrest and put his hands in his pockets, which Leal interpreted as a threatening move. A grand jury declined to indict the officers, but two of its members later said they felt pressured in their decision by a politically connected fellow juror. Attorney David Helfand, who represents both officers and the city, had sought to have the lawsuit dismissed, contending the defendants were immune from civil liability. But Hittner disagreed and a panel of judges on the 5th Circuit Court of Appeals upheld his decision. The trial is expected to last about 10 days. |
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