Deaf man suing San Marcos PD for alleged excessive force that landed him in the hospital

A deaf man says he was tasered without warning, then kicked repeatedly while on the ground by San Marcos Police Department officers — now he and his wife are suing. While the lawsuit against the City of San Marcos and four officers was filed on May 22, the alleged incident happened back on May 25, 2019. Legal documents state John Kelley and his wife Mary were driving after dinner with their three children in San Marcos, when they got into an argument.

According to the lawsuit, John got out of the car and walked away. The lawsuit says she pulled into a parking lot and they were then stopped by San Marcos police. Mary — who is also deaf — tried to tell police that John is deaf. Meanwhile, John signed to officers that he’s deaf as well, the lawsuit reads. However, the attorneys write, while John tried to communicate his deafness, he was tasered by two officers. According to John’s attorney’s, he then dropped to his knees. The lawsuit describes that John was tasered on his back, ribs, and near his eye. John Kelley is being represented by Rebecca Webber, and Scott Hendler of Hendler-Flores Law in Austin. They’re claiming the officers violated John’s fourth and 14th amendment rights. KXAN has reached out to the City of San Marcos and were told by a spokesperson, “Due to the pending litigation, neither the City nor SMPD will have a statement in relation to the incident.”