The city of Pharr is asking a federal judge to dismiss an excessive force lawsuit filed by a man who police shot more than two years ago.
Attorneys representing the city filed the motion Thursday, arguing that Jose Aldaberto Negrete cannot establish a constitutional violation.
“Further, even if Plaintiff could establish a constitutional violation, Plaintiff cannot show that any such violation is consistent with a pattern of similar violations, or that the violation was caused by or pursuant to a policy, practice, or custom that was maintained with deliberate indifference by the City of Pharr,” the motion stated.
Pharr police shot Negrete on Aug. 13, 2020 at 25 N. Fir St. at about 3 a.m. after officers responded to the residence. Negrete’s parents called 9-1-1 to say the then 17-year-old was behaving aggressively after he came home and appeared intoxicated, according to police.
“Officers arrived, the subject exited the apartment with an unknown type rifle,” police said at the time. “Officers gave verbal commands and then fired, striking the subject at least once in the abdomen. Subject was transported to McAllen Medical and appeared in stable condition.”
Police said the early investigation revealed the weapon was a BB gun.
Negrete filed his lawsuit Aug. 12 and said he posed no threat to police when officers shot him. The petition also provides a different narrative surrounding the shooting, namely that he said police fired several shots into the residence.
“As a result, Plaintiff was shot by Defendant’s police officer(s) causing serious bodily injuries to the Plaintiff,” the lawsuit stated.
Negrete argued police “acted intentionally, wantonly, maliciously, and/or with deliberate indifference to the civil rights of the Plaintiff.”
He claims he did not pose a significant threat of death or serious physical injury to the officers.
An initial conference in the proceedings is scheduled for Nov. 10.
