Texas Cops Held a Terrified Couple at Gunpoint After Raiding the Wrong House

Tyler Harrington and his wife were asleep in their beds when four Harris County, Texas, Constable Officers burst into their home and held the terrified couple at gunpoint. While the cops eventually realized they were in the wrong house, they didn’t leave without admonishing the couple for keeping their door unlocked.

Harrington has now filed a lawsuit, arguing that the officers’ invasion of his home was an unconstitutional breach of his Fourth Amendment protections against unreasonable search and seizure.

On September 24, 2022, Officer James Lancaster responded to a call from a woman, named “Mrs. H” in the complaint, who said that she heard a knock at her back door. Lancaster spoke to Mrs. H and examined the outside of her property, finding nothing suspicious. 

Mrs. H also told Lancaster that her daughter and her daughter’s boyfriend would arrive to check out the house themselves. Mrs. H then decided to “get in her car and drive around until others came home.” When Mrs. H’s daughter and her boyfriend arrived, another neighbor, named “Mr. S,” called the police to report their truck as suspicious. When talking to dispatchers, Mr. S accidentally gave the wrong address for Mrs. H’s house, reporting Harrington’s address instead.

Soon, two more officers arrived. According to the complaint, Lancaster clearly should have known that dispatch had been given the wrong address. While pointing to Mrs. H’s house, he told the other officers, “That’s the house with the person knocking on the back door, that was the house earlier….I checked the one across the street.” In reference to Harrington’s address, he said he had “never been to this house.”

But the officers decided to enter the Harrington’s home anyway, testing both the front and back doors and finding them unlocked. A fourth officer arrived, and according to the suit, Lancaster told him that they were “waiting on the owner,” despite knowing that it was a different house than the one owned by Mrs. H, where the owner had left and was to return shortly.

Around midnight, two of the officers burst into the Harrington’s home with their guns drawn, shouting “Constable’s Office, come up with your hands out!” Harrington’s wife, whose full name wasn’t identified in the suit, was woken up by the officer’s shouting. She confirmed that she lived at the house, and one of the officers, Jared Lindsay ordered her to get her ID and come to the door.

Around the same time, Lancaster entered the home with his gun drawn, shouting the Spanish phrase for “hands up,” and began searching the home. As the officers held his wife at gunpoint, Tyler Harrington woke up and walked out of the bedroom, at which point the officers began pointing their guns at him as well, shouting questions at the couple. 

Eventually, the officers realized they were at the wrong house but still led the couple back into their own home at gunpoint. After releasing the couple, Lindsay told them that “someone had reported people searching the front and back doors of this house,” adding that the caller had told them the owner was gone. 

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He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.

On a Friday in March 2020, a dozen or so sheriff’s deputies wearing bulletproof vests descended upon Waylon Bailey’s garage at his home in Forest Hill, Louisiana, with their guns drawn, ordered him onto his knees with his hands “on your fucking head,” and arrested him for a felony punishable by up to 15 years in prison. The SWAT-style raid was provoked by a Facebook post in which Bailey had made a zombie-themed joke about COVID-19. Recognizing the harm inflicted by that flagrantly unconstitutional arrest, a federal jury last week awarded Bailey $205,000 in compensatory and punitive damages.

“I feel vindicated that the jury agreed that my post was satire and that no reasonable police officer should have arrested me for my speech,” Bailey said in a press release from the Institute for Justice, which helped represent him in his lawsuit against the Rapides Parish Sheriff’s Office and Detective Randell Iles, who led the investigation that tarred Bailey as a terrorist based on constitutionally protected speech. “This verdict is a clear signal that the government can’t just arrest someone because the officers didn’t like what they said.”

On March 20, 2020, four days after several California counties issued the nation’s first “stay-at-home” orders in response to an emerging pandemic, Bailey let off some steam with a Facebook post that alluded to the Brad Pitt movie World War Z“RAPIDES PARISH SHERIFFS OFFICE HAVE ISSUED THE ORDER,” he wrote, that “IF DEPUTIES COME INTO CONTACT WITH ‘THE INFECTED,'” they should “SHOOT ON SIGHT.” He added: “Lord have mercy on us all. #Covid9teen #weneedyoubradpitt.”

The Rapides Parish Sheriff’s Office snapped into action, assigning Iles to investigate what he perceived as “an attempt to get someone hurt.” According to a local press report, the authorities were alarmed by “a social media post that promoted false information related to the ongoing COVID-19 pandemic.” In response, “detectives immediately initiated an investigation,” and as a result, Bailey, then 27, was “arrested for terrorism.”

Another news story reported that Bailey “was booked into the Rapides Parish Detention Center on one count of terrorizing.” William Earl Hilton, the sheriff at the time, explained why, saying he wanted to “impress upon everyone that we are all in this together, as well as remind everyone that communicating false information to alarm or cause other serious disruptions to the general public will not be tolerated.”

Bailey’s joke was deemed to pose such a grave and imminent threat that Iles did not bother to obtain an arrest warrant before nabbing him, just a few hours after Bailey’s facetious appeal to Brad Pitt. But in a probable cause affidavit that Iles completed after the arrest, the detective claimed that Bailey had violated a state law against “terrorizing,” defined as “the intentional communication of information that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general public.”

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Facial recognition used after Sunglass Hut robbery led to man’s wrongful jailing, says suit

A 61-year-old man is suing Macy’s and the parent company of Sunglass Hut over the stores’ alleged use of a facial recognition system that misidentified him as the culprit behind an armed robbery and led to his wrongful arrest. While in jail, he was beaten and raped, according to his suit.

Harvey Eugene Murphy Jr was accused and arrested on charges of robbing a Houston-area Sunglass Hut of thousands of dollars of merchandise in January 2022, though his attorneys say he was living in California at the time of the robbery. He was arrested on 20 October 2023, according to his lawyers.

According to Murphy’s lawsuit, an employee of EssilorLuxottica, Sunglass Hut’s parent company, worked with its retail partner Macy’s and used facial recognition software to identify Murphy as the robber. The image that was put through the facial recognition system came from low-quality cameras, according to the lawsuit. While Houston police department was investigating the armed robbery, the EssilorLuxottica employee called police to say they could stop the investigation because the employee had identified one of two robbers with the technology. The employee also said the system had pointed to Murphy as committing two other robberies, according to the lawsuit.

When Murphy returned to Texas from California, he went to the department of motor vehicles (DMV) to renew his license. Within minutes of identifying himself to a DMV clerk, Murphy told the Guardian he was approached by a police officer who notified him there was a warrant out for his arrest for an aggravated robbery. Murphy said he was not told any details about his supposed crime except for the date the robbery occurred. He realized he was in Sacramento, California, at the time of the robbery – more than a thousand miles away.

“I almost thought it was a joke,” Murphy said.

Still, he was arrested and taken to the local county jail, where he was held for 10 days before being transferred to and processed in Harris county jail.

After a few days at Harris county, his alibi was confirmed by both his court-appointed defense attorney and the prosecutor, and the charges against him were ultimately dropped, according to the lawsuit.

Murphy was never convicted of a crime. Nonetheless, he says his detainment left him with deep scars. He was brutally beaten and gang-raped by three other men in the jail hours before he was released, he alleges. They threatened to kill him if he tried to report them to the jail staff, according to Murphy. After the alleged attack, Murphy remained in the same cell as them until he was released.

“That was kind of terrifying,” Murphy said. “Your anxiety is up so high, you’re still shaking the entire time. And I just got up on my bunk and just faced the wall and was just praying that something would come through and get me out of that tank.”

“The attack left him with permanent injuries that he has to live with every day of his life,” the lawsuit reads. “All of this happened to Murphy because the Defendants relied on facial recognition technology that is known to be error prone and faulty.”

Murphy did not realize facial recognition technology may have been used as evidence against him until two weeks ago, when he began working with his attorney, Daniel Dutko.

Dutko said he discovered from police documents that the Sunglass Hut worker shared camera footage with Macy’s, which employees from the department store chain used to identify Murphy. After that, Macy’s and Sunglass Hut contacted the police together, according to Dutko. Though Macy’s has retail partnerships with the eyewear brand in several locations, Macy’s had no connection to this robbery as the Sunglass Hut in question is a standalone location, he said.

“We feel very comfortable saying facial recognition software is the only possible explanation, and it’s the only reason why [Sunglass Hut] would go to Macy’s to try to identify him,” Dutko said.

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Colorado Cops Falsely Arrested Him for a DUI. Now He’s Getting a $400,000 Settlement.

Harris Elias was driving home one night in January 2020 when he was pulled over by a Loveland, Colorado, police officer and falsely accused of driving drunk. Even after a breathalyzer test proved that he was sober, Elias was forced to take a blood test—which again proved his sobriety. 

After the arrest, Elias filed a lawsuit against the officer who arrested him. This week, the city of Loveland agreed to pay $400,000 to settle the case.

At around 10:30 p.m. on January 4, 2020, Elias was driving home from his girlfriend’s house when he was pulled over by Loveland police officer William Gates, who was part of a DUI-specific task force. Gates claimed that Elias failed to signal a lane change—a claim Elias disputes.

“Officer Gates regularly claims (falsely) that the drivers he arrests for DUI did not signal a lane change,” claimed Elias’ suit, which was filed in January 2022. “Gates does so because this is one of the most difficult allegations to disprove, given that Loveland PD does not employ dash cams (only bodycams) and so never capture the arrested individual’s actual driving.”

The lawsuit claims that Gates attempted to confuse Elias by asking him several questions extremely quickly, including “nearly simultaneously” asking Elias for his license and registration and how much he had drank that night. 

According to the complaint, Elias found the encounter unnerving, and after fulfilling his legal obligation to provide license and insurance, he informed Gates that he was using his right to remain silent and would not answer further questions. Gates replied, in an apparent attempt to create evidence that Elias was drunk, “Well, I smell the overwhelming odor of alcohol coming from your vehicle.” 

After Elias again refused to answer further questions, Gates returned to his patrol vehicle and called for additional officers. When two more police officers arrived, they eventually decided to arrest Elias and take him to the Loveland Police Station for a breathalyzer test.

Even though Elias’ breathalyzer test showed a 0.000 percent blood alcohol content level, Gates insisted that Elias must have been intoxicated and ordered him to take a blood test. According to the lawsuit, Elias requested an attorney at this point, but “Gates told him no, that he needed to agree to comply with a blood test now or he was going to mark him as a refusal and his license would be revoked.”

Elias eventually agreed to take the test. Nearly three months later, the results again came back negative, and the case against him was dismissed entirely. But this wasn’t the end of Elias’ troubles. Elias was a Federal Aviation Administration–licensed pilot, meaning that a false DUI arrest threatened his livelihood.

The FAA “has some of the most strict mandatory reporting requirements known to any agency. The penalty for failure to report can lead to an emergency revocation of all certificates (i.e., complete revocation of his pilot’s license),” the lawsuit reads, noting that this kicked off an incredibly stressful and complex process to report and explain his arrest. Even though the case was dropped, “Elias will have to report this wrongful arrest on every medical renewal with the FAA for the rest of his life.”

But some justice was served this week when the city of Loveland agreed to pay Elias a $400,000 settlement to end the lawsuit.

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NYPD ACCUSED OF FABRICATING DOMESTIC VIOLENCE SURVIVOR’S MURDER CONFESSION

A WOMAN WHO was charged with murdering her husband in 2020 sued the New York City Police Department, alleging that police officers fabricated the confession that was the basis of the case against her. The federal civil rights lawsuit also alleges that the Manhattan District Attorney’s Office obtained a search warrant for an email account she created to draw attention to her case — and never disclosed it, as required by law. 

Prosecutors dropped their case against Tracy McCarter last December, citing insufficient evidence. In the lawsuit, which was filed on November 2 in the Southern District of New York, McCarter said she had “sustained serious physical and psychological harm as a result of being wrongfully arrested, charged, imprisoned, searched, and prosecuted.” 

The lawsuit names four NYPD officers who were involved with the arrest and one investigator from the Manhattan District Attorney’s Office who worked on the case. All four of the police officers have previously faced civilian complaints of misconduct, though such allegations are famously hard to prove. A spokesperson for the NYPD declined to comment on whether any of the officers are being investigated in relation to McCarter’s case, citing the pending litigation. The district attorney’s office declined to comment on the allegation involving the undisclosed search warrant. 

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He Was Strip-Searched and Jailed for Criticizing Cops. Now He’s Fighting Back in Court.

In July 2017, Louisiana woman Nanette Krentel was shot in the head and left in a burning house. More than two years passed before anyone was arrested. That person, however, wasn’t alleged to be the murderer. Rather, the sole arrest related to Krentel’s death was that of Jerry Rogers Jr. His crime: criticizing the St. Tammany Parish Sheriff’s Office (STPSO) for its slow investigation of the case, which remains unsolved.

Naturally, Rogers sued the department for violating his rights. In August, the U.S. Court of Appeals for the 5th Circuit ruled that his lawsuit against Sheriff Randy Smith, Chief Danny Culpeper, and Sgt. Keith Canizaro may proceed, confirming they violated clearly established law when they punished Rogers for his speech.

In 2019, the STPSO caught wind that Rogers had denounced the lead investigator, Detective Daniel Buckner, whom Rogers characterized in an email as “clueless.” To pore over his messages, the police obtained what was likely an illegal search warrant, as it listed the qualifying offense as “14:00000,” which does not exist.

Police then arrested, strip-searched, and detained Rogers. He was ultimately released on bond, and the Louisiana Department of Justice declined to prosecute the case. But the primary goal was likely retaliation by humiliation: Before Rogers was booked, the cops publicized a press release about his arrest. Canizaro testified that this was the only time he could remember the office following that order of operations. They also filed a formal complaint with Rogers’ employer, another action that Canizaro said the STPSO had never taken.

Lawyers with the district attorney’s office told police it would be unconstitutional to use Louisiana’s criminal defamation statute to arrest Rogers; the statutory language protecting public officials from criticism was rendered unconstitutional decades ago. Despite this warning from prosecutors, officers not only forged ahead with the arrest, they also sought qualified immunity when Rogers sued. This required them to attest that no reasonable officer could have known that what they were doing was unconstitutional.

The 5th Circuit rejected their argument, and its ruling buttresses the notion that victims are entitled to recourse when the government retaliates against their speech.

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Tennessee to Pay $125,000 to Settle Lawsuit by Man Arrested for Posting Meme Mocking Dead Cop

The state of Tennessee will pay $125,000 to settle a First Amendment lawsuit filed by a man who was arrested and jailed for nearly two weeks for posting a meme mocking a dead police officer.

Joshua Garton, 29, was arrested in January of 2021 and charged with harassment following a Tennessee Bureau of Investigation (TBI) probe into a pseudonymous Facebook post that appeared to show two men urinating on the tombstone of an officer who was shot and killed in 2018. A judge dismissed the charges a month later, and Garton filed a federal civil rights lawsuit alleging malicious prosecution, false arrest, and First Amendment retaliation.

In a settlement agreement filed earlier this month, two TBI agents and 23rd District Attorney General Ray Crouch did not admit any guilt, but they agreed to pay Garton to avoid further litigation costs.

“First Amendment retaliation is illegal, and law enforcement officials who arrest people for offending them will pay heavy consequences,” Daniel Horwitz, Garton’s lead attorney, said in a press release issued Monday. “Misbehaving government officials apologize with money, and Mr. Garton considers more than $10,000 per day that he was illegally incarcerated to be an acceptable apology.”

The TBI, Tennessee’s lead investigative law enforcement agency, launched an investigation into the offending Facebook post at the request of 23rd District Attorney Ray Crouch. Agents visited the officer’s gravesite and quickly surmised that the picture Garton posted was fake. It was in fact a doctored photo of the cover of “Pissing on Your Grave,” a single by The Rites, which originally depicted two men urinating on the tombstone of punk legend GG Allin.

Despite knowing that no one had physically desecrated the grave, the TBI continued its investigation, soliciting tips on Twitter about Garton’s identity. When it finally nabbed Garton, TBI put out a press release, complete with mugshot, announcing his arrest for “manufacturing and disseminating a harassing photograph on social media.”

As Reason wrote when Garton was first arrested, it was unclear how a dead person could be criminally harassed under Tennessee law, which requires that the subject be “frightened, intimidated or emotionally distressed.”

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‘Outrageous and flatly unconstitutional’: Lawyer decries arrest of Alabama journalists

Police arrested a southwestern Alabama newspaper publisher and a reporter for publishing an article that prosecutors say was based on confidential grand jury evidence.

Don Fletcher reported for the Atmore News on an investigation into the local school board’s payments to seven former school employees that Escambia County district attorney says broke the law against revealing grand jury proceedings, and both the reporter and publisher Sherry Digmon were arrested and charged with a felony, reported the Washington Post.

“While it’s illegal for a grand juror, witness or court officer to disclose grand-jury proceedings, it’s not a crime for a media outlet to publish such leaked material, provided the material was obtained by legal means,” legal experts told the Post.

Theodore J. Boutrous, an attorney who has represented media organizations, said the U.S. Supreme Court has consistently ruled that the First Amendment protects journalists who publish information of public importance, even if that information came from a source who broke the law.

“That applies to grand jury information, Boutrous said, calling the Alabama case “extraordinary, outrageous and flatly unconstitutional.”

The newspaper’s publisher and co-owner is a member of the county school board, and she voted recently against renewing the contract of the superintendent – who has been publicly supported by district attorney Stephen Billy.

“I wish I could [comment],” said Digmon, the publisher. “I would rather not answer. I can only refer you to my attorney.”

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Alabama Cops Who Arrested Mechanic for Not Giving Them His ID Denied Qualified Immunity

A federal court has sided with Roland Edger, an Alabama man who says he was wrongfully arrested after he declined to give police officers his driver’s license in 2019. While a lower court had granted qualified immunity to the officers, the U.S. Court of Appeals for the 11th Circuit overturned that decision, ruling that the officers clearly violated Edger’s Fourth Amendment rights and that Edger’s suit against them may go forward.

In June 2019, Edger, a mechanic in Huntsville, Alabama, received a call from a customer, who told him that his wife’s car had broken down and asked him to come out to repair it. The car was in the parking lot of a local church, where the customer’s wife worked. The customer told Edger he could pick up her keys at the church’s front desk.

When he arrived at the church on June 10, a few days after the customer had called, Edger retrieved the keys from the church and began inspecting the car. According to the ruling, Edger says he believed something was wrong with the car’s steering or tires and that he’d need to return with the necessary tools to fix the vehicle.

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Houston Police Arrested an Animal Rights Protester and Detained Him for 16 Hours, Lawsuit Says

Animal rights activists Daraius Dubash and Faraz Harsini were peacefully demonstrating in a Houston, Texas, public park when park employees demanded they leave. When Dubash insisted that the pair had a First Amendment right to protest, officials called the police, who arrested Dubash and charged him with criminal trespass. 

While Dubash’s charge was eventually dismissed, the pair have now filed a First Amendment lawsuit against the city, arguing that city police clearly violated their Constitutional rights.

“No one should be handcuffed and detained for exercising his First Amendment rights,” said JT Morris, an attorney for the Foundation for Individual Rights and Expression, a First Amendment nonprofit group. “We’re suing because public parks belong to all Americans and their expressive rights, not the personal views of a few.” 

From April to July 2022, Dubash and Harsini demonstrated several times in Discovery Green, a Houston public park. According to their lawsuit, the pair—keeping in practice with Anonymous for the Voiceless, the animal-rights activist group the two pertained to—wore Guy Fawkes masks while playing clips from Dominion, a documentary showing the gruesome mistreatment of animals in factory farms. 

On three separate occasions, park employees asked the pair to leave the park, claiming that the park was private property. (Discovery Green is public property, though it is managed by a private company.) According to the complaint, the pair complied, fearing retaliation.

On July 23, 2022, Dubash and Harsini were approached again. This time, they refused to leave, and Dubash calmly told park employees that he had a right to demonstrate peacefully. However, a park security guard told Dubash that protests were allowed on a “case by case” basis, adding that his “manager is going to come and come look at it.”

According to the lawsuit, when the manager, Floyd Willis, arrived, Dubash informed him that, while the park was managed by a private conservancy, the park was still public property, meaning that the First Amendment applied.

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