Shaw v. Gillen et al

On July 14, 2022, Christopher Shaw (“Plaintiff” or “Mr. Shaw”), represented by Demetria C. Howard of Howard Watkins, PLLC, filed a civil rights lawsuit against James Thomas Gillen, City of Beaumont, Taxes, Jefferson County Sheriff’s Office’s Officers/Deputies Jane and John Does 1-10, Corrhealth, LLC, and CorrHealth, LLC’s Employees Jane and John Does 1-10 (collectively, “Defendants”), seeking damages for alleged City’s longstanding policy, practice, and/or custom of using excessive force. This case was filed in the U.S. District Court for the Eastern District of Texas, with Judge Marcia A. Crone presiding.

In the complaint, the plaintiffs stated, “On June 12, 2020, at approximately 4:02 pm, Plaintiff Mr. Christopher Shaw (herein after, Mr. Shaw), a 44-year-old abled body Black man, was standing near the 1700 Block of Roberts at Avenue D in Beaumont, Texas. Mr. Shaw was standing in the middle of the roadway, in need of medical assistance. Mr. Shaw was placed under arrest by Defendant Gillen for the misdemeanor of public intoxication.”

The plaintiff further stated, “At the time of the arrest, Defendant Gillen positioned Mr. Shaw’s hands behind his back and placed handcuffs on him, restricting his ability to move. Mr. Shaw was placed in the rear of Defendant Gillen’s patrol car and was transported to Baptist Hospital (hereinafter ‘Baptist’) in Beaumont, Texas due to signs of impairment.”

The plaintiff also alleged that “Defendant Gillen subsequently transported Mr. Shaw to Jefferson County Correctional Facility (herein after, ‘JCCF’) in Beaumont, Texas.”

The plaintiff alleged, “At the time of his arrival at JCCF, Mr. Shaw was able to rise, stand and walk unassisted. While Mr. Shaw’s hands were handcuffed behind his back, his ability to move was limited. Mr. Shaw was then guided into the JCCF with Defendant Gillen holding on to his person. Before entering the facility, Mr. Shaw slightly turned his body. Defendant Gillen responded by attempting to slam Mr. Shaw to the concrete platform at the rear entrance of the facility.”

The plaintiff further alleged, “Upon arrival for the second time at JCCF, Mr. Shaw clearly showed signs of paralysis. Specifically, Mr. Shaw was not ambulant. Mr. Shaw was placed in a wheelchair and with the assistance of another officer, Mr. Shaw was wheeled back into JCCF. Mr. Shaw was unable to control his lower extremities.”

The plaintiff also claimed that “[w]hile Mr. Shaw laid on the floor in his cell, unable to move, he begged CorrHealth, LLC’s employees working inside of the facility to help him, but they refused to help Mr. Shaw. In fact, JCSO’s Jane and John Does 1-10 JCCF and CorrHealth, LLC’s employees, saw Mr. Shaw lying on the floor, but deliberately chose not to assist Mr. Shaw or provide Mr. Shaw with much needed medical attention.”

The plaintiff listed six claims for relief, including alleged excessive force and denial of medical care in violation of the Fourteenth Amendment Due Process (42 U.S.C. § 1983) and Monell Liability, along with negligence, gross negligence, assault, and battery. 

In the prayer for relief, the plaintiff requested an award for compensatory, consequential, special and punitive damages, and economic losses along with pre- and post-judgment interest, costs, and attorneys’ fees.

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