Former Pharr Police Chief: Federal court tosses lawsuit

Former Pharr City Manager and Police Chief Andrew “Andy” Harvey, Jr., wasn’t available for comment Monday, the same day that Chief U.S. District Judge Randy Crane signed off on a 21page document that dismissed a lawsuit Harvey had filed against his hometown city and two of its officers this past March.

Harvey was trying to battle one lawsuit in federal court, while another suit in state District Court is currently on hold.

In the Beginning

Harvey resigned from the two positions he held with the city — police chief and city manager — in September 2022 and then ran unsuccessfully for Pharr mayor in May 2023.

Harvey’s attorney, San Antonio-based Mark Anthony Sanchez, is his attorney of record in the state District Court case, presumably on a contingency basis, but on the federal lawsuit, dismissed Monday, his name is nowhere to be found.

According to the city, the Sept. 23rd affair began when Andy Harvey started calling the city’s 911 call center, abusing the service. The details surrounding those allegations aren’t clear.

When police went to Harvey’s house to discuss the calls, that’s when things began to unravel.

Attorney Sanchez wrote in his public statement: “As a life-long peace officer who has served as Chief of Police for the City of Pharr, Andy Harvey has the utmost respect for first responders and would never intentionally abuse the public’s 9-1-1 lifeline to safety. He categorically disputes any claims that he intentionally abused the public’s trust.”

Additionally, Sanchez wrote:

“Further, Mr. Harvey initially cooperated with City of Pharr law enforcement officers in resolving any misunderstanding until they stormed into his home, assaulted him, and wrongfully arrested him. He is a victim of police misconduct and challenges the City of Pharr to meet him in court where justice will prevail.”

An affidavit (edited here for clarity and redacted for some privacy concerns) signed by one of the two arresting Pharr Police officers paints a different story of what went down at Harvey’s home Sept. 23rd: “On Saturday, September 23, 2023, at or about 2217 hrs, (two officers) were dispatched to (Harvey’s Pharr residence) in reference to an abuse-of-911 service. Officers will testify, they contacted the defendant who exited his residence.

“Officers will testify, they advised the defendant of their reason for (their) presence. (One officer) had begun his investigation with the defendant by checking (Andy Harvey’s) cell phone, (which had been) voluntarily handed (over to the officer). Moments into the investigation, the defendant took custody of his cellphone and began to walk away from said officers. Officers will testify, the defendant, at that time, began to enter his residence.

“(One of the officers) will testify that he advised (Andy Harvey) to hold several times, but defendant evaded by continuing to walk away and enter his residence. (The same officer) will testify, he then attempted to detain (Harvey) by getting hold of his arms. (The second officer) will testify that he (tried) to control the defendant as well by getting hold of him as the defendant continued to resist by tensing his arms, legs and holding onto the front door.

“Officers will testify that the defendant was taken to the ground, where (Harvey) continued to resist.

“(The first police officer) will testify that he was struck on the face by the defendant’s left closed fist. (The same officer) will testify that he observed the defendant then strike (the second officer) in the face.”

The Fed Case

In the federal case dismissed Monday by Judge Crane, Harvey was representing himself, pro se (Latin for “on one’s own behalf”).

He was asking for $10 million in damages from the city, the Pharr PD, and the two arresting officers.

In Crane’s ruling, it’s clear when reading it why anyone filing a lawsuit in federal court might retain an attorney on contingency, if possible. Harvey’s lawsuit, to put it delicately, was full of legal holes, according to the federal court, where the legal bar is set so much higher than in state District Court.

Wrote Crane:

“Although the Court affords Plaintiff a certain amount of leniency due to his pro se status, Plaintiff must still properly plead a claim to relief and “abide by the rules that govern the federal courts. Under this lenient pleading standard, courts are not required to “conjure up unplead [sic] allegations or guess at what causes of action a pro se litigant is trying to assert in an attempt to save the pleading.”

As such, reading through Harvey’s suit, Crane knocks down his pleadings, one by one, citing legal precedence (not included in the following narrative):

# “Plaintiff alleges that the Officers conspired with the City to fabricate charges against him by manipulating evidence, falsifying police reports, and using the “CYA practice” and the “Blue Code/Wall of Silence” to shield their misconduct.

“Notably, he does not state what evidence was fabricated or what police report (or reports) was falsified. Instead, Plaintiff bases his conspiracy claim on his belief that his arrest was “a premeditated action orchestrated by the Defendant Officers’ supervising officer and chain of command.”

# “Plaintiff alleges that the Officers used a prohibited chokehold in violation of the “George Floyd Justice in Policing Act of 2021” and “Texas Bill 87(R) SB 69.

“Neither of these bills passed into law, and Plaintiff has not identified any other law under which a chokehold would be per se prohibited. Accordingly, the Court hereby DISMISSES with prejudice Plaintiff’s ‘use of prohibited chokehold’ claim.”

# “Plaintiff alleges that the Officers engaged in malicious prosecution by fabricating charges against him. Although he asserts that the Officers’ actions “were done with malice,” he does not provide any facts to support this conclusory allegation.”

Then comes the final legal ka-boom:

“For the foregoing reasons, the Court hereby ORDERS that Defendants’ Motions to Dismiss are GRANTED and Plaintiff’s claims against all Defendants are DISMISSED with prejudice.”

--- So ORDERED December 2, 2024, at McAllen, Texas.
Randy Crane
Chief United States District Judge.