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Teen files lawsuit against ex-officer over alleged beating

Thursday, July 08, 2010

A teenager and his mother have filed a civil lawsuit against a Houston police officer accused of beating him during a burglary arrest.

[Read the lawsuit]

In the lawsuit filed in Harris County on Tuesday, Chad Holley, 16, and his mother, Joyce Holley, allege excessive force by Houston police officer Andrew Blomberg resulting in massive injuries to the teen.

The alleged beating of an unarmed Holley, who was 15 at the time, by seven officers was captured on surveillance video from a self-storage business on March 23, but the footage has not yet been released to the public.

The lawsuit reads in part, "Chad had clearly and unmistakenly surrendered to police custody, and as he lay belly down on the ground, defendant Blomberg stomped down on the back of Chad's head and neck with incredible force.

"As a result of Blomberg's excessive and unreasonable use of force against this minor, Chad has sustained head, neck and brain injuries. Medical records shortly after the event reveal that Chad sustained grave injuries to his head, eyes, brain and face, as well as experienced associated systems of loss of consciousness and memory impairment."

The lawsuit states that Holley also suffered a concussion, post-concussion syndromes and post-traumatic stress disorder.

It goes on to say that Holley is undergoing psychological and psychiatric care and that his mother has incurred the burden of having to pay for the increased medical bills. For that reason, the lawsuit seeks damages totaling between $1 and 10 million, asks for financial relief of medical care for Holley until the age of 21, and recovery of attorney's fees and costs of court.

Blomberg and three other Houston police officers were fired for the alleged beating and indicted by a grand jury on charges of official oppression. In addition to those four officers, three more HPD officers were also terminated over the incident. All seven officers are appealing their indefinite suspensions.

Just last week, Eyewitness News obtained the disciplinary letters sent from Houston Police Chief Charles McClelland to the seven officers.

The four indicted officers face up to one year in prison and a $4,000 fine if convicted on the misdemeanor charges.

Five other police officers received two-day suspensions and will receive refresher training, according to Chief McClelland.

Stay with Eyewitness News and abc13.com for continuing coverage on this story.

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