Ronald Smith v. Hunter Saenz and Jimmy Gonzalez

Tyler, Texas, pro se plaintiff without a lawyer sued on a wrongful use of excessive force.



On June 27, 2021, Plaintiff-Appellee Ronald Smith was running and

walking on a public easement along Highway 46 in Guadalupe County,

Texas. Defendant-Appellant Deputy Saenz observed Smith on the side of

the highway while on patrol and turned around to "check on” him.

According to Saenz's Offense Report, Smith "quickly got up and began to

walk towards the fence line,” and "jumped a barbed wire fence and began

running into a field” away from Saenz and onto private property. Based on

his experience as an officer, Saenz believed that Smith was "attempting to

avoid contact with law enforcement” or was about to commit a crime by

trespassing.” As the district court observed, the "record contains

uncontroverted evidence that Smith fled from Deputy Saenz . . . and that

Smith knew [] Saenz was a law enforcement officer at the time,” and Saenz's

body camera footage clearly shows Saenz in pursuit while yelling for Smith

to stop.



Eventually, Smith stopped running and sat on the shoulder beside

Highway 46. Saenz approached Smith on foot at approximately the same

time Defendant–Appellant Deputy Gonzalez arrived in his vehicle. Smith,

claiming that he was "terrified and frozen with fear,” dialed 911. Gonzalez

and Saenz drew their firearms, and Saenz repeatedly directed Smith to put

his hands up and to show the officers his hands. Smith did not respond.

Saenz then holstered his firearm and drew his pepperball gun, while also

directing Gonzalez to "go less lethal.”



Saenz and Gonzalez repeatedly directed Smith to lie on his stomach

on the ground. Smith, still on the phone with the 911 operator and in a

heightened emotional state, remained seated and told both Deputies to "hold

on.” After a final warning that if he did not lie on his stomach he would be

"hit” with a pepperball, Saenz fired his pepperball gun, striking Smith on the

left side of his head. Saenz again directed Smith to lie down multiple times,

and Smith remained in the seated position and "scream[ed]” into his phone

that people were shooting at him. This continued for roughly thirty seconds

until Deputies Saenz and Gonzalez approached Smith and placed him in

handcuffs. While being handcuffed, Smith complained that he could not

breathe and requested an ambulance. Smith refused to engage with EMS

when they arrived, however, and was taken to a nearby hospital for evaluation

before being transported to Guadalupe County Jail.

The district court granted summary judgment to all defendants

and claims, excepting Smith’s 42 U.S.C. § 1983 excessive force claim against

Saenz and Gonzalez.



Reversed