A Texas man is suing police for violating his civil rights over a smile. Christopher Johnson was arrested on July 25, 2015 on suspicion of drunk driving. It was not his first time being arrested, but this time he decided to smile in his mugshot photo. According to his attorney Andre Evans, police became irate and ridiculed Johnson for his smiling picture. His lawyer stated Johnson was told several times to stop smiling by police to which he replied, “This is how I always take my picture.” However, what the officers did next has resulted in a civil rights lawsuit.
Two deputies put on gloves and grabbed Johnson around his neck and started choking him for his smile. Evans stated to media, “He was choked, in front of a room full of people, for smiling. That’s very humiliating.” Now his lawyer claims that Johnson suffered pain and mental anguish from the alleged assault by two unidentified deputies.
The Harris County Sheriff’s Department is trying to put a spin on the incident by stating that jailers often have to hold the head of uncooperative suspects. The Sheriff’s Department released the following statement: “The Harris County Sheriff’s Office believes that proper procedure was followed during the course of Mr. Johnson’s booking. Should any evidence arise to the contrary, proper administrative actions will be taken. At this time, evidence suggests that Mr. Johnson’s pleading does not hold merit.”
But Johnson’s attorney has stated that is not what happened to his client. “What took place at the Harris County jail that night was a clear violation of my client’s first amendment free speech rights as well as a childish show of excessive force,” said Evans. Now Johnson is suing the Sheriff’s Department for $5 billion in actual and punitive damages.
Before anyone says he was disrespectful by smiling in his mugshot, it should be noted that other White suspects have smiled in their mugshot with no issue or brutality. One such person was former U.S. House Majority Leader Tom DeLay, who smiled for his mugshot when he was arrested on money laundering charges in 2005.
