A Smith County man is suing over claims his ex-wife stole items from his home after a police officer ordered him to leave the property while she collected her possessions.
Joshua David Julian and Mitzi Michelle Julian filed a lawsuit Oct. 28 in the Tyler Division of the Eastern District of Texas against Smith County and Deputy Dwayne Beddingfield, individually and in his official capacity.
According to the complaint, on June 1, 2013, Julian's ex-wife, Amanda Julian, was admitted to his residence on CR 285 in Tyler along with her boyfriend, mother and stepfather, in order to pick up her possessions pursuant to a divorce decree. The complaint states Amanda Julian began yelling about the children's furniture so Joshua Julian closed the door to the residence, and Beddingfield was dispatched.
Joshua Julian says Beddingfield spoke with Amanda, then informed him that she was lodging an allegation of verbal threats and demanded that Julian leave his residence for two hours to allow his former wife to remove her possessions.
According to the lawsuit, Joshua Julian complied but when he returned to the residence it was in disarray, with items missing and a shop door pried open. Julian says he contacted the sheriffs office, but Beddingfield informed him there was nothing he could do because it was now a civil matter.
The lawsuit states another member of the Smith County Sheriff's Office took Joshua Julian's report two days later and reported the items stolen. The defendants are accused of violating the Julians' 4th and 14th Amendment rights.
The Julians seek actual, punitive and exemplary damages, including attorney fees, interest and costs of court.
They are represented by attorneys Matthew L. Thigpen, Norman R. Ladd and Kevin G. Giddens of Ladd & Thigpen in Tyler.
Tyler Division of the Eastern District of Texas case number: 6:14-CV-00819-MHS