A Balch Springs deputy city marshal has filed a federal civil-rights and whistleblower lawsuit alleging that a senior city official conducted an unconstitutional physical search, retaliated after the incident was reported to police, and sidelined the deputy after he raised concerns involving another officer’s alleged misuse of city resources—including the use of a city vehicle to provide private security for billionaire Mark Cuban.

According to the complaint filed in the U.S. District Court for the Northern District of Texas, Lieutenant Christopher S. Mason, a longtime law-enforcement officer, alleges former Chief City Marshal Kevin Nance violated his Fourth Amendment rights during an August 2025 meeting at City Hall and that the City of Balch Springs later engaged in whistleblower retaliation.

Prior Complaints and the Mark Cuban Allegation

Before the alleged search occurred, Mason states he had raised concerns to Nance about a subordinate, Deputy Lucio Cano, who Mason alleges misled him about official matters and misused a city vehicle to provide private security services for Mark Cuban, conduct Mason believed was improper and outside authorized city duties. The complaint alleges these disclosures placed Mason at odds with senior leadership and set the stage for what followed.

Alleged Pat-Down Search Inside City Hall

According to the lawsuit, on August 15, 2025, Nance summoned Mason to his office at Balch Springs City Hall. Both men were armed and acting in their official capacities as Texas peace officers. The meeting initially concerned supervisory issues and the promotion of Deputy Cano to shift supervisor—despite Mason’s earlier warnings about Cano’s conduct.

As Mason moved to leave the office, he alleges Nance stood up, approached him, and conducted a physical pat-down search without warning or consent. The complaint states Nance placed his hands on Mason’s chest and back, moved down to Mason’s waist, and squeezed the outer pockets of Mason’s pants. During the encounter, Mason alleges Nance asked whether he was “Harmon junior” and whether Mason was recording the conversation—an apparent reference to a former deputy marshal who previously sued the city after making whistleblower disclosures. Mason states he was recording the meeting due to prior instances in which Nance allegedly denied giving instructions, but the recording device was a phone in Mason’s hand, not hidden on his person. The complaint asserts there was no city policy or state law prohibiting such recordings and no legal basis for a physical search.

Report to Police and Administrative Findings

The lawsuit states Mason reported the incident to the Balch Springs Police Department later in August 2025, alleging assault and an illegal search. While a police case number was assigned, Mason claims he has not been informed of any criminal disposition months later. An administrative investigation followed. According to the complaint, the city later notified Mason that the investigation sustained findings of bullying and abusive conduct by Nance related to the physical contact. Despite that finding, Mason alleges Nance was not meaningfully disciplined and instead later assumed a higher-level role overseeing multiple public-safety departments.

Alleged Retaliation and Promotion Decisions

Mason alleges that shortly after the sustained findings, the city stripped him of supervisory responsibilities and bypassed him for appointment as interim chief marshal, selecting Deputy Cano—the same officer Mason had previously flagged for alleged misconduct involving city vehicles and Mark Cuban—over him. Mason further alleges he was later denied the permanent chief marshal position after the city altered the hiring process mid-selection, ultimately choosing a candidate he claims was less qualified but closely aligned with Nance. The lawsuit contends these actions resulted in lost pay, diminished authority, reputational harm, and career damage, and that their timing supports a statutory presumption of retaliation under the Texas Whistleblower Act.

Claims and Status of the Case

Mason is suing Nance individually under 42 U.S.C. § 1983 for alleged Fourth Amendment violations and seeking compensatory and punitive damages. He is also seeking injunctive relief against Nance in his official capacity and monetary and equitable relief against the City of Balch Springs under the Texas Whistleblower Act.

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