Liberty County resident sues constable for using excessive force during eviction

Michelle Massey, East Texas Bureau Nov. 30, 2010, 10:00am

A Liberty County resident has filed a lawsuit against a Liberty County deputy constable, alleging he unlawfully arrested her when she asked to go get her cat during an eviction.

Dorothy Samson filed suit against Brett Audilet on Nov. 16 in the Eastern District of Texas, Beaumont Division.

According to the lawsuit, Constable Audilet served eviction papers on Samson on July 6 and told Samson to remove her belongings from the house.

Samson claims she responded by telling the constable that she needed to retrieve her cat from under the house.

In the suit, Samson alleges Audilet then cursed at her and attacked her by slamming her onto the ground and jumping on her back.

The plaintiff states she was arrested for criminal trespass and was taken to jail where she remained all night until she was able to post bond the next morning. When she was released she went to the emergency room and was treated for her injuries.

The charges were dismissed for insufficient evidence on Oct. 8, the complaint states.

The constable is accused of using excessive force and making an unlawful arrest in violation of Samson's Fourth and Fourteenth Amendments.

Samson is seeking damages for physical injuries, physical pain and suffering, mental pain and suffering, medical bills, loss of liberty, damage to reputation, punitive damages, interest and court costs.

Samson is represented by Curtis B. Stuckey of Stuckey, Garrigan & Castetter Law Offices in Nacogdoches.

Jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:10-cv-00734

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