Court dismisses lawsuit filed against City of Temple by local gun rights activist

Posted: 3:31 PM, Nov 05, 2015
Updated: 2015-11-05 22:59:50Z
Court dismisses lawsuit filed against City of Temple by local gun rights activist

On Monday a federal district court dismissed claims filed against the City of Temple by a local guns rights activist.

Back in March of 2013, Christopher James Grisham was arrested in for carrying an AR-15 and a licensed concealed handgun while on a hike in Temple with his son. 

Grisham was charged with hindering a law enforcement officer in the discharge of his duties and was convicted. 

After his arrest, Grisham started the non-profit guns rights organization Open Carry Texas.

In March 2015 he filed a lawsuit against the city, its police chief at the time Gary Smith and arresting officers Steve Ermis and Sergeant Thomas Menix. 

Grisham's wife also filed a lawsuit on behalf of their son against the same individuals. 

The Grisham's claimed the officers used excessive force, caused emotional distress, committed assault and battery and made a false arrest.

The two civil lawsuits were initially filed in the 146th Judicial District Court in Bell County, but the lawsuits were made into one case at a federal district court in Waco.

In May 2015 The City of Temple's attorneys filed a motion to dismiss the claims and a similar motion was filed by the arresting officer's attorney. 

The court denied their motions to dismiss.

Smith was dismissed and in August 2015 Ermis and Menix filed another motion to dismiss. Their motion was eventually granted on Monday when the court dismissed all claims against the officers except for Grisham's son's claim for false arrest. 

The court said a motion for summary judgment would be a better resolution to that claim.

“The City is grateful to the Court for carefully considering the arguments made in the motions to dismiss,” said Temple City Attorney, Kayla Landeros. “The City believes the Court’s Order correctly analyzes the law and facts surrounding this case.”