Clarence Evans was in the front yard of his north Harris County home last month, when Deputy Garrett Lindley stopped and approached him.
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"He asked about a lost dog, and my client told him that his dog had been with the family for some time," said Evans' attorney, U.A. Lewis.
Lewis suspects the question was a decoy because the deputy then asked Evans for his ID, which he refused.
"He was frightened at that point," Lewis said. "He then asked his wife to record the interaction on his cellphone."
Lewis told ABC13 Eyewitness News that Evans was within his rights to refuse to show his ID to the officer because he was not under arrest.
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The deputy referred to Evans as Quintin Prejean, a man who was wanted on two felony warrants in Louisiana.
Precinct 4 was working with representatives in Louisiana to find Prejean. Constable Mark Hermann allegedly had information stating that Prejean was in the same area where Evans and his family lived.
Evans was being detained by Deputy Lindley when another deputy arrived and told him Evans was not a suspect.
"Even after that, he refused to believe Mr. Evans wasn't a fugitive," Lewis said.
Evans was not arrested, but says that Lindley took his wallet and pulled out his ID.
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Constable Hermann told ABC13 that Lindley was doing his his job by responding to a warrant and assisting with its execution.
"We get a call as police officers and we don't get to choose if we go or not. It's our duty," Constable Hermann said.
He said that a complaint has never been filed with his office, but Evans' attorney says the lawsuit, which was filed on Wednesday, serves as a complaint.
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