Holding Harris County Constables Accountable for Alleged Unlawful Entry Into Wrong Family’s Home
Harrington v. Lancaster et al.
On January 31st, 2024, Civil Rights Corps filed a federal lawsuit against three members of the Harris County Constables, Precinct 2 on behalf of Harris County resident Tyler Harrington. The complaint alleges that officers James Lancaster, Nathaniel Cano, and Jared Lindsay conducted a warrantless no-knock entry into Mr. Harrington’s home in the middle of the night and held him at gunpoint. The complaint raises several claims against the defendants, including violations of the Fourth Amendment for unlawful entry, unlawful search, unlawful seizure, and excessive force.
According to the complaint, Mr. Harrington’s neighbor called 911 because she heard a knock on her back door. The complaint alleges that one officer spent approximately 12 minutes talking to the neighbor on her property before leaving the area. According to the complaint, he then returned and met up with the other two defendants, and all three went across the street to Mr. Harrington’s house to investigate the door knocking incident. The complaint alleges that the defendants barged into Mr. Harrington’s house with guns drawn and found him and his family sleeping. According to the complaint, the defendants held Mr. Harrington at gunpoint, in his boxers, until they verified that he lived in his home. The complaint alleges that the defendants’ actions subjected Mr. Harrington to agonizing emotional pain, fear, and severe ongoing emotional and psychological injuries.
This is not the first time one of the defendants has been accused of using excessive force. In 2020, defendant Jared Lindsay, then an employee of Precinct 7, was sued for allegedly strangling and tasing a man following a traffic stop. Mr. Harrington is also not the first Harris County resident to experience police officers unlawfully raiding the wrong home. In 2020, former Houston Police Department officer Louis Rodriguez filed an internal affairs complaint against the Harris County Sheriff’s Department for allegedly attempting to serve a warrant at the wrong address, breaking down his door, and pulling him and his son outside. In 2019, Houston Police Department officers killed 2 innocent people in a botched raid that began with a neighbor fraudulently calling the police.
The lawsuit is seeking a declaration that the defendants violated Mr. Harrington’s constitutional rights, as well as compensatory damages, punitive damages, and attorneys fees.
Partners:
RISE Houston
Filings:
Response in Opposition to Defendants' Motion to Dismiss (Mar 27, 2024)
Complaint (Jan 31, 2024)
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