By ReShonda Tate
A federal judge in Houston has dismissed a civil rights lawsuit filed by Pamela Turner’s children against Baytown police officer Juan De La Cruz and the City of Baytown. The lawsuit, filed in 2021, alleged excessive force and violation of Turner’s Fourth Amendment rights during the 2019 confrontation that resulted in her tragic death.
Judge George C. Hanks Jr. ruled in favor of the defendants’ motion for summary judgment, stating that De La Cruz could have reasonably perceived Turner as a serious threat to his life during the altercation. The incident, captured on De La Cruz’s body-worn camera and witnessed by others, unfolded as De La Cruz attempted to arrest Turner, who then gained control of his stun gun and tased him. De La Cruz subsequently fired five shots at Turner, resulting in her death.
The judge’s ruling emphasized the immediacy of the perceived threat to the officer’s safety, noting Turner’s possession of the taser and her attempts to get up despite the wires still attached to De La Cruz.
The attorney representing Turner’s children did not immediately respond to requests for comment. De La Cruz, acquitted of criminal charges in connection to the incident, continues to serve as a Baytown police officer.
Both De La Cruz’s attorney and the lawyer representing the City of Baytown expressed agreement with the judge’s decision, citing its alignment with legal precedents.
While the apartment management company initially faced legal action, it was later dismissed from the civil rights lawsuit in June 2022, according to court records.
