SE Texas Record

Wednesday, December 11, 2019

Houston resident alleges local law enforcement violated Constitution

By Philip Gonzales | Oct 31, 2016

General court 07

HOUSTON — A Houston man is suing the city of Houston and city law enforcement personnel, alleging wrongful arrest that led to time in jail.

Benjamin Oshea Calhoun filed a lawsuit Oct. 6 in the Houston Division of the Southern District of Texas against the city of Houston, police officers Tony Villa, G. D. Rogers, Z. J. Mathis, J. A. Devereux and S. L. Sievert, and Houston Chief of Police Martha Montalvo, alleging violation of the Fourth, Fifth, Sixth, Eighth and Ninth Amendments to the U.S. Constitution.

According to the complaint, on May 20, Calhoun was arrested for walking along Freeman Street where a sidewalk was provided. The suit says the defendants' actions, which included the police drawing their guns and handcuffing the plaintiff, caused Calhoun to suffer time in jail, mental anguish, humiliation and loss of freedom. 

The plaintiff alleges the defendants acted outrageously for a misdemeanor citation and concerted together to deprive Calhoun of his constitutional rights to be free from malicious prosecution.

Calhoun seeks trial by jury, judgment, jointly and severally, of not less than $2 million, pre- and post-judgment interest, court costs and all other relief. The plaintiff is representing himself.

Houston Division  of the Southern District of Texas Case number 4:16-cv-03001

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City of HoustonU.S. District Court for the Southern District of Texas Houston Division