Man paralyzed after San Antonio police beating sues city

Roger Carlos is getting physical therapy in Houston for paralysis resulting from complications of surgery to relieve pain he suffered during the mistaken beating by San Antpnio Police Department officers. Roger Carlos is getting physical therapy in Houston for paralysis resulting from complications of surgery to relieve pain he suffered during the mistaken beating by San Antpnio Police Department officers. Photo: Courtesy Photo: Courtesy Image 1 of / 12 Caption Close Man paralyzed after San Antonio police beating sues city 1 / 12 Back to Gallery

A man mistakenly beaten by San Antonio police officers - and left paralyzed by surgery months later to treat his injuries - has sued the city as a criminal investigation by federal authorities into the beating continues.

Rogelio "Roger" Carlos III and his wife filed the federal lawsuit late last week, listing several officers as defendants, including the three he says beat and kicked him or jumped on his back and neck with their knees. One of the three is an undercover SAPD officer assigned to a multi-agency drug task force. The other two are SWAT officers.

The SWAT officers have been identified as Carlos Chavez and Virgilo Gonzalez, and are defendants in the lawsuit. The SAPD will not identify the third officer, who first encountered Carlos, citing safety concerns because of his work on the undercover task force. The suit names him a defendant and calls him "Detective John Doe."

The incident occurred May 20, 2014, as Carlos, dressed in a white T-shirt, photographed construction of his family's pediatric clinic at Westover Hills and Rodgers Road.

San Antonio Police Officers had been pursuing a suspect who ditched his car at a nearby restaurant before fleeing on foot. The undercover officer, dressed in civilian clothes, thought Carlos was the suspect, and used force against Carlos and was then joined by the uniformed SWAT officers. The undercover officer later claimed Carlos did not obey police orders, though Carlos denies that and said the officers would not listen to him as he tried to explain his situation.

The suit said the officers involved in the pursuit failed to communicate with others. It also said officers did not follow proper protocol to ensure they had the right man, and used unnecessary and excessive force, violating Carlos' civil rights. The suit accuses the department of inadequate training, policies and supervision.

"Defendants Chavez, Gonzalez, and Detective John Doe are liable to Plaintiff because they knowingly and intentionally, or with reckless disregard for the truth, brutally assaulted Plaintiff without any reasonable suspicion that a crime had been committed or that Plaintiff was actually engaging in a crime," the suit said. "It is not illegal to

wear a white T-shirt."

The plaintiffs seek unspecified compensatory and punitive damages and attorney's costs and fees.

Meanwhile, the FBI and the U.S. Attorney's Office continue investigating the three officers for possible civil rights violations. The U.S. Attorney's Office assigned the case to prosecutors in Austin because the agency's lawyers in San Antonio might know the undercover officer or prosecuted people he helped arrest.

"We are actively working on that case," U.S. Attorney Richard Durbin said in a text message. "I can't share what we are doing, but we have not declined prosecution. It just takes some time, but I think we're moving as fast as we can."

To read more, including how the officers were disciplined, visit www.express-news.com or read the full story in Thursday's print edition.

gcontreras@express-news.net

Twitter: @gmaninfedland