Houston Police Department
Surveillance video of the Dec. 26, 2021, crash involving an HPD officer.
The City of Houston is appealing a $13 million jury award to the family of a man killed in a 2021 crash with a Houston Police Department officer.
Less than a month after the jury’s verdict, the city filed a motion for a new trial, arguing that it was “unfairly surprised” and the damages awarded were “excessive.” The judge presiding over the case in the Southern District Court of Texas denied the city’s motion last Friday. On Tuesday, the city filed an appeal to the U.S. 5th Circuit Court of Appeals, requesting the court to overturn the $13 million judgment.
The judgment was awarded in November after a jury found that the City of Houston’s polices allowed HPD officers to drive recklessly, calling that “the moving force” in a man’s “death and violation of his constitutional rights,” according to federal court documents. The jury also ruled that the city “was deliberately indifferent” in adopting an “inadequate” policy.
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The incident at the center of the lawsuit occurred on Dec. 26, 2021, when 75-year-old Charles Payne was driving south on North Shepherd Drive in Houston. According to the lawsuit, Payne was attempting to turn left across the northbound lanes of Shepherd when an HPD patrol officer crashed into the side of Payne’s vehicle. Payne died due to injuries sustained during the crash.
Arturo Michel, the City Attorney for Houston, defended the decision to appeal via a statement to Houston Public Media.
“It is very common for local governments to appeal this type of verdict because of the size of the award and the complexity of issues involving constitutional violations for money damages,” Michel said.
The lawyers representing Payne’s family did not immediately respond to a request for comment regarding the city’s appeal, but said in a previous statement that the jury had made the right decision.