Lawsuit claims Manvel PD was racially biased toward 2 men after neighbor accused them of raping her

MANVEL, Texas (KTRK) -- The Manvel Police Department is now facing a second lawsuit five months after a grand jury declined to indict two Black men on sexual assault charges. The new federal civil rights lawsuit filed by John Marks claims officers failed to conduct a thorough investigation due to racial bias.

According to the lawsuit filed last Wednesday, the sexual assault investigation stemmed from events that happened between Nov. 8 and 9, 2023, at Marks' residence. The filing alleged that a female neighbor, Amanda Zawieruszynski engaged in consensual sexual intercourse with Marks and then later on with his friend, Freddie Douglas.

In an interview only on 13, Marks said Zawieruszynski was someone he considered a friend and developed a close relationship with for six months. He claimed she told him she was divorced when she was still married.

A week later, Zawieruszynski filed a report with Manvel police claiming that Marks and Douglas kidnapped and raped her. Both men said they were arrested and jailed without being interviewed by officers beforehand about the allegations. Police charged them with aggravated sexual assault.

"It totally turned my world upside down. It was literally a nightmare, having my life in somebody else's hands. It was three felony charges of the most heinous thing a man could possibly do," Marks said. "I was fearful, thinking they were going to come back into my house, causing me to be hyper-vigilant and not being able to sleep."

Douglas is a former officer with the El Campo Police Department, whose attorney said he was named their 2020 Officer of the Year. His employment was terminated as a result of the sexual assault charges.

In March, a grand jury in Brazoria County declined to indict the two men. Marks said he believes his home surveillance video was the critical piece of evidence that prevented the case from moving forward. The cameras reportedly captured the neighbor's arrival and departure and her moving freely around the house.

RELATED: Grand jury declines to indict former El Campo PD detective on sex assault charges

Marks' attorney, Justin Moore, claims Manvel police investigators ignored the surveillance video and purposely left it out of their case due to prejudice.

"What happened to my client shouldn't happen to anybody in this country, not in the year 2024. This is something that goes back to the Jim Crow days. When you hear the details, you start to think about cases like Emmett Till. There is a historical element here. It is a context of Black men being falsely accused of sexual assault against white women," Moore said.

The lawsuit names the City of Manvel, Police Chief Keith Traylor, two officers, and Zawieruszynski as defendants.

Marks said he is now dealing with psychological trauma as a result of the ordeal. Even though he and Douglas were no-billed, he said the investigation negatively affected their reputations, tarnished their relationships, and jeopardized their future job prospects.

He told ABC13 he decided to file the lawsuit partly to prevent future racial discrimination in criminal investigations and to hold those who make false accusations accountable. He is seeking compensation for damages, including lost wages, diminished earning capacity, medical expenses, and attorney's fees.

Douglas has also filed a separate lawsuit of his own.

"I don't want anybody else to go through this. I was fortunate enough to be in a position to have cameras and people I could reach out to. If not, I would've been a gone brother. I would've been gone for something I didn't do," Marks said.

In a statement to ABC13, Manvel Police Chief Keith Traylor wrote in part, "Following the arrests, several false or misleading allegations were made against the Police Department. Sadly, these destructive narratives only serve to divide our residents and have no place in our community. The Manvel Police Department works to uphold the highest standards of the law enforcement profession, and the outcome of this legal action will demonstrate that we have held to these standards."

ABC13 attempted to contact the neighbor, but she no longer resides at her Manvel address, and her cell phone number has been disconnected. However, after our report aired, an attorney for Zawieruszynski reached out with the following statement.

"Despite recent claims and circulation of a misleading and harmful narrative, it is clear that Ms. Zawieruszynski was raped, and did not consent to any sexual activity with the perpetrators. After the incident, Ms. Zawieruszynski sought immediate medical attention, where a thorough forensic examination was conducted, which provided substantial evidence supporting the fact that the encounter was non-consensual and that the victim's injuries were consistent with sexual assault - information that will be highlighted in Ms. Zawieruszynski's recently filed lawsuit.

The evidence in this criminal case is being reviewed and has been turned over to law enforcement, including Ms. Zawieruszynski's need for ongoing surgical interventions to repair internal and external physical damage from the assault. Ms. Zawieruszynski is cooperating fully with the authorities and remains committed to pursuing justice through the legal system where she is looking forward to seeing the truth and facts prevail," wrote Thomas Cammack with Harper Law Firm."

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