Beaumont cops seek dismissal of civil suit

David Todd Burke David Todd Burke Photo: Beaumont Photo: Beaumont Image 1 of / 4 Caption Close Beaumont cops seek dismissal of civil suit 1 / 4 Back to Gallery

Attorneys for two Beaumont police officers charged with beating and using a Taser on an unarmed man during a 2007 traffic stop said a lawsuit against their clients should be dismissed since the officers are protected under state and federal laws.

Beaumont attorneys Bruce Cobb, William Conley and Craig Schexnaider argued this week in a federal appeals court that David Todd Burke and James Cody Guedry acted "objectively reasonable" when Burke struck Derrick Newman 13 times with a custom-made police baton and Guedry shocked Newman twice with a Taser.

Newman, who was an unarmed passenger during that Aug. 24, 2007, traffic stop, sued Burke and Guedry in 2008, claiming his civil rights were violated by the men.

Cobb told Fifth Circuit Court of Appeals justices in New Orleans on Wednesday that Burke and Guedry are protected under laws that safeguard officers if "they act under the reasonable belief that their actions were within the scope of their official capacity."

U.S. District Judge Ron Clark, who is presiding over the original case, denied Burke's and Guedry's requests to have the claims against them dismissed based on those statutes. The two appealed Clark's decision, which led to Wednesday's court hearing.

Burke, who no longer works for the department, and Guedry, who works in the department's communication office, were convicted of official oppression in separate trials in connection with the incident. Each appealed and has since been granted a new trial. Dates have not been set.

HNolan@BeaumontEnterprise.com Twitter.com/heathernolan