Handling of alligator leads to lawsuit

A city of Brownsville animal control officer says that the city’s reaction last year to the disposal of a dead alligator violated his civil rights, damaged his good name, and left him with nightmares and headaches and withdrawn, fearful and depressed.

This is the basis of a civil lawsuit that Daniel Lerma filed in federal court in McAllen against Brownsville, City Manager Charlie Cabler, interim Police Chief Orlando Rodriguez and police officers Alex Garcia and Adrian Moscorro.

John Shergold with Hodge & Shergold of Brownsville and Carlos E. Hernandez Jr. of Edinburg represent Lerma in the litigation filed Wednesday. The lawsuit seeks unspecified compensation for physical and mental pain and anguish, damage to his reputation and medical expenses.

The lawsuit arises from events on April 20, 2011, when Lerma was called to investigate a dead alligator by a resaca in Brownsville with an arrowhead protruding from its neck. Lerma said he was trained to document with video such a situation and that he had contacted a Texas Parks and Wildlife Department game warden who advised that the alligator’s head should be removed for educational purposes; the warden issued a permit to remove the head. The city’s public works department assisted in detaching the head.

Lerma maintains in the lawsuit that his supervisor also gave approval to remove the head, but that the supervisor later told him the video should be erased to prevent animal rights groups from gaining possession of it.

Lerma said that another supervisor searched the city vehicle assigned to him to locate the video after the supervisor and the department head learned of it existence. The lawsuit notes that the police department also was called to have Lerma detained for allegedly violating a city ordinance regarding the treatment of animals.

Lerma maintains that he was maliciously and illegally detained for about two hours without probable cause. He also alleges that the city and police department failed to properly discipline, train or supervise the responding police officers.

He said he filed a complaint with the police department and has yet to receive a response. He said he also has not heard from management regarding findings from any internal investigation.

Those named in the lawsuit have not yet responded.