Harris Co. resident claims sheriff's deputies wrongfully detained him

John Suayan, Galveston Bureau Mar. 1, 2013, 3:33pm

HOUSTON - Harris County resident Jimmy Osborne alleges deputies with the Harris County Sheriff's Office wrongfully accosted him almost two years ago and has filed a lawsuit.

Recent court documents filed Feb. 19 in the Houston Division of the Southern District of Texas target the county, Sheriff Sergeant John Gable and five unidentified sheriff's deputies for the purported May 24, 2011, incident.

Osborne explains that in the early morning hours of the date in question, he was watching CNN's coverage of the Joplin, Mo., tornadoes in his second-floor apartment when he heard a "sudden loud knock" at the front door, stating he was greeted by the sight of the defendant deputies who then questioned him about a domestic dispute.

Osborne maintained he knew nothing about said dispute since he lived alone and insisted that authorities had the wrong apartment to no avail, the original petition says.

The suit further shows two deputies reportedly drew their handguns on the plaintiff while a couple of others supposedly held him down and handcuffed him.

A search of Osborne's apartment revealed what the respondents believed to be a "s***load" of guns though the complainant contends he legally owned the firearms.

The original petition says law enforcement eventually learned that Osborne's place was the not the one they were looking for and he was released from his restraints, but the plaintiff was unable to obtain information about the deputies he encountered.

Osborne submitted a sworn statement to the Harris County Sheriff's Office's Office of the Inspector General only for the department to spare the unnamed deputies from disciplinary action, the suit says.

He adds the ordeal that is the focus of the litigation caused him "at least" pain and suffering, anxiety, lost sleep, fear, embarrassment, anger, loss of enjoyment of life and mental anguish.

A jury trial is requested.

Attorney Randall L. Kallinen with the Law Office of Randall L. Kallinen PLLC in Houston is representing Osborne.

Case No. 4:13-CV-435

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