Man Claims Police Choked Him for Smiling in His Mugshot

A man claims police choked him for smiling in his mugshot, and is now suing.

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Image via Complex Original
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A former inmate in Texas is suing the Harris County Sheriff's Department after he said deputies choked him because he was smiling while having his mugshot taken. ABC 13 Eye Witness News in Houston reported that Christopher Johnson has filed a lawsuit which claims that two deputies put their hands around his neck and choked him for 30 seconds.

ABC 13 obtained a copy of the mugshot and reported that Johnson claims the photo was taken on July 25 of last year, when Johnson was arrested for drunk driving. The photo depicts Johnson being grabbed by the front and back of his neck and one of his arms being held by two people who Johnson claims are two Harris County deputies.

ABC 13 further reported that one of the deputies who allegedly choked Johnson told him to "take the picture right" and to "stop smiling." Johnson says he responded by telling the deputies that "this is how I always take my pictures."

 

After telling Johnson to stop smiling, a deputy who was wearing gloves and a second deputy who was wearing gloves and the deputy who had be telling Johnson to change his facial expression for the photo both began to choke him, according to ABC 13. 

In a statement provided to Complex over email, the Harris County Sherrif's Department declined to provide comment on the pending lawsuit, but said that,

It is not uncommon for detention personnel to assist impaired or uncooperative detainees during the booking photo process.

There is no policy or procedure that prohibits smiling during the booking photo process. 

Johnson's lawyers have said that they are not only seeking compensation and punitive damages in the lawsuit, as they believe Johnson, who is black, had his civil rights violated by the alleged choking, in addition to sustaining physical and mental pain, according to ABC 13.

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