Two Lubbock police officers asked a federal judge to throw out a lawsuit, but the answer is ‘no.' Clinton Lewis and Jeffery Simpson are accused of excessive force in a lawsuit filed by Robert Campbell, a former specially-deputized U.S. Marshal.
Campbell was off duty and at home in July of 2009 when he claims a neighbor was causing trouble. Lewis and Simpson were among the officers that responded.
While officers were still in the neighborhood asking questions Campbell went to his truck to retrieve his weapon. He claims the officers followed him into his home, saw the gun and assaulted him.
Campbell suffered fractures to his nose, a concussion, a cut to the back of his head, and a black eye.
Campbell says it was excessive force. The officers claim Campbell posed a danger to officer safety and they took necessary action.
The officers arrested Campbell but charges were later dropped.
On Friday, U.S. District Court Judge Mary Lou Robinson wrote in part, "... questions exist which necessarily preclude granting dismissal of claims... "
And so, the case continues.
Copyright 2012 KCBD.