Excessive force suit filed by inmate against Llano County dismissed
An inmate’s 2023 excessive force lawsuit against Llano County was dismissed without prejudice on Sept. 23, meaning the plaintiff can file another civil suit in the matter. It was one of five suits currently filed against the county.
The ruling in Adam Mirelez v. Llano County et al. was made by U.S. District Judge Robert Pitman of the U.S. District Court for the Western District of Texas, Austin Division.
Mirelez is a resident of the Texas Department of Criminal Justice Mark W. Michael Unit in Anderson County. He was sent to prison for possession of a firearm by a felon and is not expected to be released until 2062 but is eligible for parole in September 2026. He represented himself in the case.
The plaintiff alleged that on Sept. 9, 2021, he was assaulted with a beanbag gun while he was peacefully surrendering on warrants for a parole violation and aggravated assault with a deadly weapon. The beanbag broke his femur bone, but he was not taken to a hospital for X-rays until five days after his arrest. The injury required immediate surgery, but Mirelez was instead returned to the Llano County Jail, he said in his filing papers. He was taken back to the hospital on Sept. 28 and had surgery the next day.
In his suit, Mirelez claimed the assault was premeditated and violated his right against excessive force guaranteed under the Fourth Amendment of the U.S. Constitution. He asked for monetary relief of $350,000.
Judge Pitman noted in his final order that Mirelez was shot after he walked away from deputies toward a trampoline, where he rested his hands and could have been reaching for a gun. He had been in a two-hour standoff with law enforcement and was in possession of two firearms. When he did surrender, he continually refused orders to turn around and walk toward the deputies.
Also, the plaintiff did not respond to the defendants’ summary judgment motion in a timely fashion, the judge said. The motion was due June 28.
“Further, the totality of the circumstances weighs in favor of finding that Defendants did not violate Plaintiff’s constitutional right to be free from excessive force,” the order reads, listing reasons for the deputies to be wary when Mirelez was surrendering. Those reasons included the man’s previous charges of aggravated assault with a deadly weapon, the fact he had two handguns with him and was refusing to leave his house, and that he had continually stated he was not going back to prison.
All parties involved will pay their own costs, and the plaintiff “shall take nothing in this cause against defendants (Llano County Sheriff Bill) Blackburn and (Llano County Jail Administrator Robert) Nichols,” reads the final judgment.
Llano County still faces four other civil lawuits. They are:
Leila Green Little et al. v. Llano County et al.—The case is on hold pending a ruling from the U.S. Fifth Circuit Court of Appeals in New Orleans. The most recent hearing was Sept. 24.
Baker v. Llano County—A jury trial was set to begin Nov. 3, 2025, although settlement offers are being exchanged in September and October of this year. Fired Kingsland librarian Suzette Baker filed suit for wrongful termination in March of this year.
Pressley et al. v. Nelson et al.—This case involves one Llano County resident as a plaintiff and the county’s elections administrator. Other defendants are the Texas Secretary of State and the elections administrators of Williamson and Bell counties. Other plaintiffs are registered voters from Williamson and Bell counties. Plaintiffs seek to change how elections are held in those counties.
Harrod v. Llano County et al.—The wrongful death suit was filed in April by Jillian Harrod of Kingsland after her husband, Justin Harrod, was shot and killed by Llano County deputies. Parties and counsel have been ordered to meet for a pretrial conference at 3 p.m. Oct. 2 in the U.S. Courthouse in Austin by U.S. Magistrate Judge Susan Hightower.