By JAMES PINKERTON
Copyright 2010 Houston Chronicle
July 16, 2010, 10:19PM
An elderly heart patient is suing the city, claiming Houston police officers allowed a K-9 dog to attack him in a case of mistaken identity during a search for suspected car thieves.
Thomas Hankinson, 68, alleges he was staying at the Texan Inn at 4045 North Freeway on Nov. 30, 2009, when several HPD officers entered his room during an auto theft investigation. The officers unleashed the dog as Hankinson lay in bed, and he was bitten repeatedly, the suit claims. The lawsuit seeks unspecified damages.
Houston officials denied the city is liable for injuries Hankinson received and said he provoked the dog by refusing to stop moving when ordered.
"The officers in question negligently let loose their German Shepherd and allowed the dog to viciously attack him in what appears to be a negligent mistake of identity as the suspect the police officer sought was a man of some 30 years younger," states the lawsuit, which was filed Thursday in the 129th District Court.
'Posed no threat'
Hankinson, besides being the wrong man, could not have harmed the officers because he was sick, the suit claims.
"Plaintiff would show unto the court that he was in the hospital just days before this incident receiving treatment for congestive heart failure and thus posed no threat whatsoever to the officers in question," the suit states.
The lawsuit, filed by Houston attorney J.W. Stringer, was brought after city officials rejected Hankinson's request for assistance with medical expenses, said Jason Baldwin, an associate of Stringer. Baldwin said after the attack, Hankinson filed a formal complaint with the Houston Police Department requesting the officers be punished.
Photographs of Hankinson recovering in a hospital room show what appear to be more than a dozen deep lacerations on his right calf, ankle and the bottom of his foot. Hankinson was taken into custody after the attack when HPD officers found he was wanted for a $260 hot-check charge from 2007.
http://www.chron.com/disp/story.mpl/metropolitan/7112361.html