HOUSTON — Two men are suing Harris County, alleging unlawful post-arrest practices.

Lucas Lomas and Carlos Ealgin, filed a class action complaint, individually and on behalf of all others similarly situated, Dec. 28 in the Houston Division of the Southern District of Texas against Harris County, alleging failure to comply with the Fourth and 14th Amendments to the U.S. Constitution.

According to the complaint,in December 2016, Lomas and Ealgin were arrested without warrant and are currently in jail. The suit says they cannot afford the secured financial condition of release of $15,000. 

The plaintiffs allege Harris County failed to comply with the constitutional requirement to provide them a prompt, neutral determination of probable cause supported by oath or affirmation.

Lomas and Eagline seek trial by jury, declaration the defendant violated the plaintiffs’ rights, an injunction requiring Harris County to ensure that all warrant-less arrested persons in its custody receive a prompt determination of probable cause, attorney fees and costs of court, plus all other proper relief. They are represented by attorneys Rebecca Bernhardt and Susanne Pringle of Texas Fair Defense Project in Austin, and by Elizabeth Rossi, Charlie Gerstein and Alec Karakatsanis of Civil Rights Corps in Washington.

Houston Division of the Southern District of Texas Case number 4:16-cv-03745

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Houston Division of the Southern District of Texas

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