MARSHALL-Kevin and Heather Langston were arrested and accused of possession of methamphetamines with intent to distribute. The couple maintains they were not in possession of the drugs but nonetheless Wal-Mart insisted on prosecution.
Mount Pleasant Police Department conducted the investigation and charged the couple with possession and intent to distribute methamphetamines in September 2001. The couple was incarcerated for several weeks within the Titus County jail.
Alleging violations of their civil rights, Kevin and Heather Langston filed suit against Wal-Mart, Mount Pleasant Police Department and the Titus County District Attorney on Sept. 30 in a Dallas County Court. The case was transferred to the Texarkana division of the Eastern District of Texas.
The plaintiffs allege the false arrest and imprisonment has caused humiliation, physical nervousness, headaches, inability to concentrate, loss of sleep and damage to their reputations in the community.
"The Plaintiffs allege the Defendants' actions were committed with malice and the desire to oppress and injure PlaintiffsÃ¯Â¿Â½" the complaint states.
The Titus County District attorney dismissed the criminal case against the plaintiffs on Aug. 15, 2006.
The complaint argues the police department deprived the plaintiffs of their constitutional rights. Specifically, the plaintiffs argue the police are not adequately trained or supervised and were indifferent in adopting training and supervision policies.
The Langstons believe the alleged constitutional rights violations caused them mental, physical pain and suffering, loss of earning capacity, and loss of work.
The plaintiffs are seeking $1 million in damages.
Irving attorney Dennis R. Croman is representing the plaintiffs.
U.S. District Judge T. John Ward is assigned to the case.
Case No: 5:2008cv00190