HOUSTON – Several law enforcement agencies are implemented in a Baytown couple’s federal lawsuit claiming their home was illegally searched two years ago.
Attorney Kurt Godfrey Clarke filed the suit on behalf of Anthony and Deborah Tubbs on July 19 in the Houston Division of the Southern District of Texas.
The 9-page original petition states that the Baytown Police Department – with assistance from the Harris County Sheriff’s Office and the Texas Department of Public Safety – “used force to wrongfully entered the plaintiffs’ home” on July 21, 2016.
The Baytown SWAT team allegedly “used an explosive device which blew out all of the windows” of the residence in question. According to the complainants, portions of the house were gutted.
“During the process, the officers arrested the plaintiffs, destroyed the plaintiffs' place of abode, ransacked everything inside the home, seized and removed several items worth in excess of $10,000, and left the home in a deplorable state,” the suit asserts. “In addition, the plaintiffs, after being arrested were taken into custody.”
It adds that Baytown police made an inventory of the items seized, but none of the items were returned to the plaintiffs, who argue their Fourth Amendment and civil rights were violated.
“The officers and each of them acted under color of law when they unlawfully arrested the plaintiffs, and deprived them of their freedom, and unlawfully searched their home and destroyed several items,” the suit says.
Court papers allege the ordeal caused the couple to suffer mental anguish and emotional distress.
Consequently, they seek unspecified monetary damages and a jury trial.
Houston Division of the Southern District of Texas Case No. 4:18-CV-2518