Man seeks $1M from Galveston sheriff for false arrest, assault

John Suayan, Galveston Bureau Apr. 17, 2012, 7:36am

GALVESTON - Bacliff resident Jimmy Lee Garner claims he was falsely arrested and "recklessly" assaulted while in custody and seeks $1 million from the Galveston County Sheriff's Department.

A lawsuit filed April 11 against the sheriff's department, Galveston County Sheriff Freddie Poore and Galveston County Sheriff's Deputy Jimmy Albert Gillane alleges Garner was the victim of "unlawful police actions, retaliation and abuse of authority" two years ago.

According to the original petition, on April 12, 2010, Gillane used excessive force on the plaintiff when the former reportedly fired a stun gun at him.

Garner shows the defendants entered his residence without a search or arrest warrant, "and as a result, excessive force was used during the wrongful arrest of the plaintiff," stating he suffered rib fractures, nasal bone fractures, lacerations to his face and burns.

"The plaintiff continues to have excessive pain and discomfort from the bodily injuries he suffered as a result of this unlawful arrest," the suit says.

"The plaintiff suffered injury to his reputation as (a result) of the wrongful arrest."

Garner consequently sues for anguish, loss of income, mental and physical suffering, constant pain and disfigurement.

He seeks at least $1 million in damages and a jury trial.

Attorney Robert E. Hoskins of Galveston is representing the complainant, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 12-cv-1013

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