Tuttle, et al. v. City Of Houston, et al.

Beck Redden successfully defended the City of Houston in a Section 1983 case brought by the families of Dennis Tuttle and Rhogena Nicholas, who were killed on January 28, 2019, during service of a search warrant at the couple’s home on Harding Street.  While Houston police officers were serving the warrant, Dennis Tuttle opened fire on the officers, injuring four of them (one of whom remains paralyzed).  Other police officers returned fire, and both occupants of the home were killed in the shootout.

In the investigations that ensued afterwards, the Houston Police Department learned that the affidavit that Police Officer Gerald Goines submitted to obtain the search warrant contained false information.  The families sued the City, asserting that the search warrant lacked probable cause and that the officers’ use of force was excessive, both of which were alleged to have violated the constitutional rights of Mr. Tuttle and Ms. Nicholas.

On March 31, 2025, United States District Judge Alfred H. Bennett granted summary judgment in favor of the City of Houston, thereby dismissing all claims against the City.  Judge Bennett determined that the record failed to show that the Houston Police Department had a custom or practice that caused the officers’ alleged excessive use of force or Officer Goines’ inclusion of false information in the search warrant and, therefore, the Plaintiffs failed to meet their burden of proof in this case.