A week after murder charges were filed against a sheriff’s office deputy and her husband in the death of a man after a fight outside a Houston-area Denny’s, the man’s family is now taking action.

RELATED: Both a Texas sheriff’s deputy and her husband have been charged in a “chokehold” death outside a Denny’s

The family of John Hernandez, 24, who died three days after the May 28 altercation outside a Crosby Denny’s, filed a civil rights suit against Terry Thompson, 41, and Deputy Chauna Thompson, 45. Terry Thompson has been charged with murder and Chauna Thompson with being an accessory to murder.

The plaintiffs in the lawsuit are Hernandez’s parents, his wife and their daughter.

The fight originated when Terry Thompson pulled up to the restaurant and says he witnessed Hernandez urinating in public.

In a cell-phone video that surfaced after the fight, Hernandez can be seen writhing in pain underneath Terry Thompson, who has the man in an unrelenting choke hold.

RELATED: A Louisiana comedian filmed an all-out brawl at Denny’s, but got Facebook flak for not helping

Now, Harris County Sheriff Ed Gonzalez has launched an internal affairs investigation into the handling of the matter, which involved eight other deputies in the town. Crosby is about 25 miles northeast of downtown Houston.

The family of a man killed in an altercation at Denny’s is going to court Wikimedia Commons/AndreasPraefcke
Anna Caplan contributes to Rare Houston and Rare Animals. 
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