Woman sues constable over arrest

HOUSTON (KTRK) -- Two years ago, the day after Halloween, Joyce Smith had a customer problem that she says haunts her still.

Smith works at a north Harris County vehicle storage yard -- the place where vehicles are towed and kept until their owners redeem them for a hefty charge.

On November 1, 2012, Smith had received several calls from a man identifying himself as a Liberty County constable, demanding that a vehicle be released because it had been improperly towed.

Then, she says, Timothy Allison arrived in his constable's vehicle, wearing his constable's uniform, with a taser and a gun on his belt. He was mad, she says, and demanded that the vehicle be released... without charge.

Smith said no, on the storage yard owner's instructions. She says he had threatened to arrest someone if the vehicle wasn't turned over. Moments later, she says, he did what he promised.

She was handcuffed, but when she asked, "What are you charging me with, he didn't answer."

Harris County deputies were called, the handcuffs were taken off Smith, and Allison was later charged with official oppression -- a misdemeanor for which he posted $1,000 bond.

The case has been consistently delayed. Its next court setting is next year.

Smith is suing for assault and false imprisonment. Her attorney, Chris Feldman says, "Just because he's an elected official doesn't mean he can act like this."

We tried, without success, to contact Allison. His office appeared closed. Our voice mail messages were not returned.