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Weary Texan Drops Lawsuit

Ex-Texan Weary drops lawsuit over Houston arrest

By BRIAN ROGERS Copyright 2009 Houston Chronicle

June 8, 2009, 10:23PM

A former Houston Texans football player who was shocked with a Taser by HPD officers during a traffic stop dropped his federal civil rights lawsuit against the city on Monday, saying everything he wanted to accomplish has been done.

Offensive lineman Fred Weary sued the city of Houston and the two Houston police officers in 2007 saying he was unlawfully stopped, shocked and arrested during a 2006 encounter with officers Margaret McGivern and Joe Vasquez. Weary also said his constitutional rights were violated by excessive force, malicious prosecution, assault and false imprisonment.

Gary Siller, Weary’s attorney, said a study about Taser use, called for by Mayor Bill White after the incident, and a meeting with Assistant Police Chief Charles McClelland convinced Weary that his goals in filing the lawsuit had been met.

“It was never about the money,” Siller said. “ He just wanted to see changes.”

Siller also said Weary was released by the Texans in October, moved from Houston and wanted to leave on a good note.

An attorney for the city, Annie Teehan, said she and the officers were glad to see the case resolved before the November trial date.

“We’re happy to put this behind us, and my officers are happy to put this behind them,” Teehan said.

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