Houston traffic stop and arrest illegal, lawsuit claims

A Florida attorney has filed a lawsuit against the Houston County Sheriff’s Office for what he alleged was an illegal traffic stop on Interstate 75 in 2008.

The lawsuit also named Houston County, Sheriff Cullen Talton and deputies Wayne Mitchell and Clay Chambers.

In a telephone interview Friday, Kevin Thomas, 46, who has a private practice in Sunny Isles Beach, Fla., accused Mitchell, a black officer, of racially profiling him for transporting drugs when Thomas was stopped Feb. 25, 2008, while driving his red Volkswagen Jetta.

In the lawsuit, which seeks $10 million in damages, Thomas alleged that illegal traffic stops were routine for the sheriff’s office.

Thomas, who noted he is black with dreadlocks, said in the interview that he was driving below the speed limit in the right lane when he was pulled over by Mitchell for allegedly following too closely. He said he was headed from Atlanta to Miami.

Thomas alleged that Mitchell immediately asked for his driver’s license and identification for his passenger, and proceeded to ask questions about where they were headed and what they were doing. Thomas said Mitchell did not ask for his registration or insurance, which are the documents he said are normally requested during a traffic stop.

Thomas said he knew that the deputy had no right to ask those questions and refused to answer them.

Thomas said Chambers arrived with a police dog. Thomas said he was told the dog alerted that there were drugs in the vehicle. But Thomas said he does not believe that the dog ever alerted. The officers used the alert to search his car, he said.

Thomas said he had a legally prescribed prescription drug, Cialis, in a pill box and one crushed pill in a CD/DVD case holder.

Thomas said he was arrested on charges of dangerous drugs not in their original containers and following too closely, both misdemeanors, and taken to the Houston County jail.

He said his photograph was taken. He said he had to post bond, which required a $200 cash payment to the bail bondsman. Thomas said his car also was impounded.

Thomas said he was not following too closely nor were there any illegal drugs found in his vehicle. He retained Warner Robins attorney Michael Moore and the charges against him were dismissed.

In the lawsuit filed in federal court in Macon, Thomas alleged his constitutional rights were violated.

Houston County Attorney Mike Long, who said that he has not yet seen or reviewed the lawsuit, declined to comment.