GALVESTON (CN) - Galveston police seized the wrong cell phone after Tasering and beating the hell out of a man with a heart condition, and the victim's attorney has the video evidence the cops wanted to seize, the man claims in court.
Jarrett Anthony Neu sued Galveston in Federal Court.
Neu claims that Galveston police arrested him at 4:45 p.m. on March 11, without a warrant, at a Galveston apartment complex. He claims they lied about it in the police report. He claims they subjected him not only to threats, intimidation, insult and humiliation, but severe and cruel physical abuse and punishment by both physical beating and the repeated unnecessary and unwarranted deployment of a less-than-lethal Taser weapon on plaintiff. Plaintiff, who suffers from a pre-existing cardiac ailment, suffered permanent and debilitating injuries as well as permanent disfigurement and scarring at the hands of these police officers. During this police administered beating, officers realized that a citizen was filming the beating via cell phone and the officer's involved without a legal reason seized (the wrong) cell phone. Counsel for plaintiff has the cell phone that recorded the beating. The conduct of defendant violated plaintiff's rights under the 1st, 4th, 8th and 14th Amendments to the United States Constitution." (Parentheses in complaint.)
Neu seeks damages for assault and battery, conversion, lost earnings, pain and suffering, intentional infliction of emotional distress, and civil rights violations.
He is represented by Paul Houston LaValle, of Texas City.
Police departments around the country have been sued on similar claims since cell-phone cameras became ubiquitous, but this is the first time Courthouse News has been informed that police seized the wrong phone.