WALLER CO. PRECINCT THREE CONSTABLE FILES LAWSUIT AGAINST HARRIS CO. PRECINCT FIVE CONSTABLE

  

A Waller County constable who claims he was racially profiled during a traffic stop in August by Harris County authorities is now seeking $50 million in damages in a lawsuit.

Precinct Three Constable Herschel Smith has filed a lawsuit in federal court against Harris County Precinct Five Constable Ted Heap.  The lawsuit, filed this week, claims Heap’s deputy constables used excessive force and unreasonable seizure during the traffic stop, while also violating his right to due process.

In addition, Smith says Heap publicly called him a suspect in a criminal investigation and says those comments were defamatory.

According to Heap, deputy constables stopped Smith because his vehicle and license plate matched the description given by a 911 caller, who told authorities that Smith pointed a gun at the caller.  The deputies drew their weapons during the stop and handcuffed Smith for just under two minutes before releasing him.

Smith, who is Black, denies pulling out a weapon and claims the 911 caller cut him off after he flashed his lights at the caller for speeding.  He says the caller, who he claims was white, was given more credibility than he was.  He also believes the deputies who handcuffed him ignored his uniform and credentials.  He wants an apology from Constable Heap, and for his deputies to receive additional training.

Heap says his deputies did not receive a description of Smith’s race from the 911 caller, only the make of his vehicle and of the license plate.  Heap noted that when running the license plate of Smith’s car, it was registered to Enterprise Holdings, with no indication of it being a Waller County patrol vehicle.

Heap says his office handled this case as it would with any other individual, and after reviewing bodycam footage does not find anything that would be of concern.