A federal judge last week threw out part of a civil rights lawsuit filed in January by Shaun A. Harris who is the husband of City Councilmember Shelia Patterson Harris.
The judge released Lubbock Police officer Hugh Glen Osborn from the lawsuit. The City of Lubbock remains as a defendant.
Harris sued in January. He claimed that Osborn pulled him over in January of 2015. Harris claimed in the lawsuit that Osborn assaulted him during the traffic stop and threw a cell phone at him.
The judge came to the conclusion that Osborn tossed a phone at him underhand without enough force to cause injury.
The judge also concluded that Harris did not pull over immediately when Osborn initiated the traffic stop. The judge found that Osborn did not arrest Harris even though there was an outstanding arrest warrant. Osborn also did not file any report concerning the traffic stop, according to the judge’s ruling.
The judge ruled that the traffic stop was legal, and Harris’ claims of excessive force were vague and insufficient. LPD dashcam video was submitted as evidence in the case.
The lawsuit continues with the city listed as a defendant.
Patterson-Harris recused herself from any City Council action or discussion on the lawsuit.