Candance McCarrell and her family members filed a lawsuit late last month against the city of Whitehouse and former Whitehouse Police Department officer David Allen, claiming that Allen didn’t have probable cause to arrest Mrs. McCarrell during a traffic stop.
According to the lawsuit, Mrs. McCarrell was arrested June 8 on West Main Street near Whitehouse for allegedly “weaving.”
Allen writes in the incident report that explained why he stopped her and asked why her vehicle had trouble driving straight.
The lawsuit asserts that Allen turned off audio on his mobile video recording equipment and that Mrs. McCarrell was instructed to do a field sobriety test, which made her “extremely upset” because she had to do the test in front of a family member, who was a passenger at the time.
Allen writes that he called for backup because of the emotional response during the field sobriety testing and told Mrs. McCarrell that he was not accusing her of drinking but “observed signs in her eyes of possible impairment and … needed to complete the tasks.”
Documents show that the charges were ultimately dismissed and that in June Whitehouse Police Chief Craig Shelton wrote a letter to City Manager Mike Peterson, stating that Allen admitted to violations of the department’s policy and procedure manual, that in 2011 he was found guilty of five violations of the policy and procedures and that he recommended that Allen be terminated from the police department.
Now, Mrs. McCarrell seeks “all actual damages sustained by plaintiffs,” “all punitive damages assessed against defendant David Allen,” and “costs of suit and attorneys’ fees,” among other things.
Darren Coleman, a Longview attorney who was appointed to represent the city of Whitehouse, could not be reached at his office for comment Monday afternoon. A man who answered the phone at what was listed as a number for Allen said, “We decline any information.”
Greg Porter, who represents the plaintiffs, did not comment in detail. However, he said, “We pled what we believe are the facts in the complaint, and we would stand by what’s in there.”