Man accuses Galveston police of violating rights, seeks $1M

Andrea Dearden Sep. 17, 2014, 2:22pm

A Galveston police officer and the city's chief of police are being sued after a man's wrist allegedly was broken during an arrest.

Timothy Lyons filed the lawsuit Aug. 14 in Galveston County District Court against Galveston Police Chief Henry Porretto and Officer G. Gainer. 

According to the petition, Lyons called police to report that a prescription was fraudulently filled using his name on Jan. 3. Gainer allegedly was sent to handle the call. Lyons alleges Gainer arrested him using excessive force, breaking his wrist in the process.

Lyons says he filed a complaint the Galveston Police Department and requested an investigation into the arrest. After an internal investigation, Gainer's actions were deemed appropriate, according to the lawsuit.

Porretto and Gainer are accused of violating Lyons' constitutional rights that protect him from unreasonable arrest. Lyons seeks more than $1 million in damages for medical costs, lost wages and attorney fees.

Lyons is represented by attorney Jason R. Pelak of Kingwood.

Galveston County District Court case number: 14-CV-0868.

This is a report on a civil lawsuit filed at Galveston County District Court. 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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