Cancer victim claims false arrest, sues Bullard police

TYLER-A Smith County resident who is suffering from cancer has filed a lawsuit against two Bullard police officers, alleging they subjected her to an unlawful arrest, excessive use of force and warrantless trashing of her home.

Brenda Wilson filed suit against the city of Bullard, former Bullard Police Officer Steven Morris and Bullard Police Officer Jeff Bragg on Sept. 16 in the Eastern District of Texas, Tyler Division.

According to the complaint, the incident began on the morning of Feb. 7 after Wilson called the Bullard Police Department about seeing someone steal a coke machine at the Family Dollar. Shortly thereafter, defendant Officer Morris arrived at Wilson's apartment to fill out a report.

The suit states that Morris told her he smelled marijuana and told Wilson to step out of her house. She replied that she would not come out unless the officer had a warrant.

Wilson alleges the defendant then yanked her out of the door and handcuffed her. She claims she suffered multiple bruises and significant arm and wrist injuries due to Officer Morris' excessive use of force.

Defendant Bragg then arrived at Wilson's apartment and helped with the search. Both officers had drug dogs with them.

Wilson states no illegal drugs were found inside the apartment, but the officers did find a prescribed cancer medication. Wilson was charged with evading arrest and possession of a dangerous drug.

The charges against Wilson were dismissed Aug. 23.

The defendants are accused of unlawful arrest, unlawful search and excessive force.

The plaintiff is seeking an award of actual damages, punitive damages, interest, attorney fees and court costs.

Wilson is represented by Curtis B. Stuckey of Stuckey, Garrigan & Castetter Law Offices in Nacogdoches.

Jury trial is requested.

U.S. District Judge Leonard E. Davis is assigned to the case.

Case No. 6:10-cv-00480