MARSHALL — A Texas man is suing Cherokee County law enforcement officers, alleging unlawful use of excessive force.
William Phillips filed a complaint Dec. 15 in the Marshall Division of the Eastern District of Texas against Christopher A. Monroe, Gerald R. Schlosser III, Cherokee County and Cherokee County Sheriff James Campbell, alleging they violated the plaintiff's constitutional rights.
According to the complaint, on Sept. 12, 2016, Phillips was lawfully at the house of his sister-in-law in Rusk to get his belongings when her sister-in-law called the Cherokee County Sheriff's Office. As a result of the defendants' unlawful acts, the lawsuit states, Phillips sustained injuries that caused him to suffer physical pain, lost wages, emotional pain, inconvenience, mental anguish, and loss of enjoyment of life.
The plaintiff alleges the defendants failed to read Phillips his Miranda rights, failed to identify why he was being arrested and unlawfully assaulted, seized, detained and arrested him.
Phillips seeks trial by jury, judgment for all damages he sustained, pre- and post-judgment interest, attorney fees and costs and all other equitable relief. He is represented by attorneys Eric M. Albritton and Shawn A. Latchford of Albritton Law Firm in Southlake.
Marshall Division of the Eastern District of Texas Case number 2:16-cv-01415