Smith County sued for alleged police misconduct

Michelle Massey, East Texas Bureau Feb. 23, 2011, 1:53pm

TYLER - In a recently filed lawsuit, Smith County is accused of allowing police misconduct.

Cecil Proctor filed suit against the county on Feb. 15 in the Eastern District of Texas, Tyler Division.

Proctor was arrested in July 2009 for engaging in organized criminal activity, possession of alcohol in a dry county and possessing marijuana. He stayed in jail for 225 days although no formal charges were ever brought against him. He was released on March 4, 2010.

According to the lawsuit, the unlawful arrest, incarceration and continued detention of Proctor violated his rights under the Fourth and Fourteenth Amendment.

Smith County is accused of empowering its officers with unfettered discretion to arrest, incarcerate and detain citizens, lacking policies regarding use of force, breaching its duty to provide officers with adequate supervision and failing to provide adequate police training.

The plaintiff is seeking compensatory damages, actual damages, attorney fees, court costs and interest.

Proctor is represented by Alex A. Castetter of Stuckey, Garrigan & Castetter Law Offices in Nacogdoches.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:11-cv-00074

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