Harris County sued again for allegedly violating rights of criminal defendants Christmas holiday arrests subject of civil rights challenge

Harris County has been sued in federal court for the third time in less than a year for yet another issue related to the county's tough arrest and pretrial detention practices.

This time, civil rights advocates allege that county officials routinely charge and jail thousands of people each month without a warrant and without ever requiring police officers to supply sworn statements taken under oath that adequately describe the crimes for which the defendants stand accused, according to a lawsuit filed Wednesday in the Southern District of Texas.

The plaintiffs are a pair of non-violent offenders arrested and jailed over the Christmas holidays.

Read the allegations here: Lomas v. Harris County



Lucas Lomas was arrested Christmas Eve for allegedly pilfering "five DVDs and a speaker," according to a document prepared by a prosecutor and co-signed by an officer. The filing provides no details about how the arresting officer determined Lomas had stolen the items. After a video hearing that is typical in Harris County, a hearing officer found probable cause. Lomas was released after posting $15,000 bail.

Carlos Eaglin was arrested Dec. 26 for alleged possession of less than 2 ounces of marijuana. Court papers co-signed by an officer and prosecutor accuse Eaglin of marijuana possession, but do not indicate a statement from the officer about how the substance was discovered or determined to be marijuana. After his video hearing, Eaglin was jailed on a $5,000 bond - the highest amount specified for any misdemeanor in Harris County's so-called bond schedule. He remains in jail.

The lawsuit seeks to compel the county to provide all arrestees with a more detailed statements of facts that are supported by an oath or information provided by a police officer that is consistent with both state and federal law. Those documents then could be reviewed by what the case describes as a neutral magistrate.

First Assistant County Attorney Robert Soard said county officials were still studying the allegations and preparing a response to the case.

As of Jan. 1, incoming Harris County District Attorney Kim Ogg will be overseeing the prosecuting attorneys who handle the intake process for both felony and misdemeanor cases. Ogg, who is not named in the lawsuit, was not immediately available for comment Thursday.

The Civil Rights Corps and other groups previously sued both the City of Houston and Harris County over other violations of the rights of criminal defendants.

Houston officials have been sued over increasing delays in the time between arrests and the time city criminal defendants first see a judge.

Harris County faces a more complex civil rights challenge to the way the county's misdemeanor judges and hearing officers set bonds for defendants accused of minor crimes - a system that has resulted in long pretrial detention, jail overcrowding and a higher conviction rate for poor people who can't afford bail.

All three lawsuits are pending.