A man is suing a county, its sheriff and two deputy sheriffs on allegations they violated his Fourth Amendment rights, unlawfully arrested him and used excessive force. 

Joe McKenzie filed a lawsuit April 14 in the United States District Court for the Southern District of Texas Galveston Division against Brazoria County, Brazoria County Sheriff Charles Wagner, former deputy Sheriff David Green II and Deputy Sheriff Howard Leatherwood, citing civil rights violations, liability for deputies actions and failure to property train, supervise and discipline officers.

The lawsuit states McKenzie and his wife were hosting a dinner party for friends on Sept. 14, 2012, in his home when law enforcement forcibly entered to search the home without probable cause or a search warrant.

Officers provoked a fight with McKenzie and arrested him, the complaint said. One of the officers hit him in the head with a large metal flashlight, which caused a wound and left a permanent scar, according to the complaint.

McKenzie is seeking damages that include medical and legal fees, emotional pain and suffering, physical pain, suffering and distress, future medical expenses and punitive damages.

He is being represented by Paul Gertz of the Gertz Law Firm in Beaumont.

U.S. District Court for the Southern District of Texas Galveston Division Case No. 3:14-cv-00128

 

This is a report on a civil lawsuit filed at the U.S. District Court for the Southern District of Texas Galveston Division. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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