Galveston Police Seized Wrong Phone in Attempt to Destroy Evidence of Brutality, Lawsuit Claims

clickReason 24/7The city of Galveston, Texas is facing a lawsuit from Jarrett Anthony Neu over an allegation of police brutality that includes cops seizing the wrong cellphone.

From Courthouse News:

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."

Courthouse News notes it’s the first time they’ve reported a claim that police took a wrong cellphone while trying to seize video evidence of brutality, a growing trend with the rise of phone cameras.

More Reason on the war on cameras here.

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  • Mike M.||

    Galveston, oh Galveston.

  • Almanian!||

    i'm just a lineman for the county, so I don't get into town much.

  • Almanian!||

    1) Galveston Police Seized Wrong Phone in Attempt to Destroy Evidence - PWND!

    2) At least no dogs were killed in this abomination. That we know of, I mean...

  • sarcasmic||

    Poor officers, being forced to take a long paid vacation. It must be so terrible for them to be taken off the street like that. Who are they going to beat up while not strutting around with a club and a gun? I hope everyone reaches out to them in prayer so that they may be back on the streets and beating people as soon as humanly possible.

    /Tulpa

  • Nazdrakke||

    Well we know that not being able to fine citizens causes mental anguish in government agents so, really, paying them is the least we can do to assuage their coming uncomfortability.

  • ||

    We have to give the cops the benefit of the doubt in grey areas like this.

  • Raston Bot||

    eventually bystanders are going to stop shooting film.

  • Aresen||

    What I find incomprehensible is that officers who seize and destroy cellphones containing records of their misconduct are not charged with destruction of evidence.

    ("Incomprehensible" in the sense of not being penalized for violation of the law; it is fully comprehensible in the sense of the Law Enforcement Industry protecting its own.)

  • sarcasmic||

    All crimes are crimes against the state. There are no crimes against individuals. Only against the state.
    Uniformed officers are agents of the state.
    It is a logical impossibility for them to commit crimes, since they would have to commit the crimes against themselves.

  • Alice Bowie||

    I agree, throwing a join out the window while being pulled over by police constitutes a FELONY GRADE "Tampering with Evidence during an official investigation" in the State of NJ.

    You would think destroying a video showing the police misconduct would be the same. IT IS NOT.

    AS someone mentioned earlier, these guys will go on a paid leave, the Internal Affairs Department will say "No crime was committed". The Police will simply say that they were seizing the phone for evidence and when they found that they had the wrong phone, it just broke. And, the all-white jury in Texas will agree.

    It's best not be angered by these events and just stay away from that place.

    The best way to handle law enforcement's abuse of power is by having all police officer's charged with criminal misconduct be prosecuted by perhaps a special prosecutor and REVOKE the officer's rights to not be judged by a jury but to be judged by people in the community.

    Contrary to popular belief, everybody does not hate cops. But they should be held accountable when criminal misconduct occurs.

  • sarcasmic||

    People who respect the police are just fortunate enough to have never been accused of a crime or been the victim of a crime.

    Once they've been accused of a crime they learn that cops are dishonest pieces of shit, and once they've been the victim of a crime they know that cops don't do shit to help people.

    So the high level of respect people have for police only shows that there is a low level of real crime (as in crimes with victims, the things police are supposed to investigate but in fact don't give a shit about) in this country.

  • Alice Bowie||

    U better hope Dumphy don't hear dis

  • sarcasmic||

    He knows it's true. Of course he will never admit it because being a cop means being a professional liar.

  • seguin||

    All-white jury? In Texas???

  • Spoonman.||

    all-white jury in Texas

    Uh, you've never been to Galveston, have you?

  • Fatty Bolger||

    The census says the city is 20% black, and 31% hispanic (of any race).

  • Almanian!||

    So potentially there were some White Hispanics - y'know, like George Zimmerman.

  • Alice Bowie||

    2 be honest, no, i've never been there.

  • DaveSs||

    REVOKE the officer's rights to not be judged by a jury but to be judged by people in the community.

    Thats um, a jury.

  • Alice Bowie||

    I didn't make that clear Dave.

    Police officers generally waive their right to a trial by jury. This way, they can be judged by another COP...called the Judge.

    Public officials and law enforcement officers should not have this RIGHT.

  • sarcasmic||

    I never thought of it that way, but yeah.

    I personally would never waive my right to a jury trial because there's no way in hell I'd trust a judge for the same exact reason why a cop would.

  • Anonymous Coward||

    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.

    Our brave Public Heroes, destroying the evidence that the private sector wouldn't.

  • ΘJΘʃ de águila||

    "Excuse me, but the wrong cell phone resembled a Glock 17, so we seized it."

  • WomSom||

    Dude that makes a ll kinda of crazy sense dudde. Wow.

    www.Secure-Web.tk

  • ||

    I call bullshit "New professionalism" would never...seize the wrong phone.

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