'Unlawful' arrest at Sugar Land mall leads to litigation

John Suayan, Galveston Bureau Dec. 19, 2012, 3:51pm

HOUSTON - Claiming she was falsely arrested, Fort Bend County resident Candalyn S. Bolden has filed a lawsuit. 

Bolden sued the city of Sugar Land, First Colony Mall and Sugar Land Police officer Anthony Clarite on Nov. 15 in Fort Bend County District Court.

The defendants had the case transferred to the Houston Division of the Southern District of Texas on Dec. 14.

Bolden alleges Clarite unlawfully detained her just as she was leaving First Colony Mall on Nov. 9, 2010.

Court papers state the officer, "without provocation", struck the then-17-year-old plaintiff with his fist several times while a mall security officer held her down.

Prior to the events in question, according to the suit, the complainant was tending to her brother as he rested in their sports utility vehicle in the First Colony parking lot.

The siblings, along with a group of other people, had left the shopping center after a sports clothing store employee accused the brother of shoplifting and ordered him to leave.

Clarite was called to the scene afterwards.

He approached the SUV, searched Bolden's brother and their companion, and "for reasons unknown," placed the young man in handcuffs, the original petition says.

Bolden claims she asked Clarite why her brother was arrested, but the officer threatened her with apprehension to which she offered verbal criticism, according to the suit.

Angered by what she witnessed, the plaintiff threw her keys to the ground, the suit states.

She claims she then tried to walk away, but Clarite "came from behind [her], grabbed her, took her to the ground, placed his forearm over her mouth and nose - preventing her from breathing", the suit says.

Bolden claims she bit Clarite in self-defense, alleging the act took place after "the unlawful detention and warrantless arrest without probably cause."

The plaintiff claims her constitutional rights have been violated.

A jury trial is requested.

Bolden is representing herself.

Case No. 4:12CV3628

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