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Pro Se Cop Files Lawsuit On Prior Department

Pro Se Cop Files Lawsuit On Prior Department

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Retired officer and war veteran Andrew “Andy” Harvey files a pro se civil action against Pharr Police Department in Texas. Allegations include unjust actions, brutality, constitutional violations, and police misconduct.


Pro Se Cop Files Lawsuit On Prior Department

Pro Se Cop Files Lawsuit On Prior Department

Andy Harvey, photo from City of Pharr

On March 20, 2024, Mr. Andrew “Andy” Harvey, a retired law enforcement officer, prior Pharr Police Chief, and war veteran, filed a civil action in the Southern District of Texas against the Pharr Police Department as a Pro Se Litigant. The lawsuit seeks redress for the infringement of fundamental rights guaranteed by the United States Constitution and the Constitutions of the United States and Texas.

Pro Se Allegations Against Officers

Mr. Harvey, pro se litigant, alleges that he has been subjected to a series of unjust actions, including retaliation, discrimination, systematic harassment, selective enforcement, false arrest, illegal searches and seizures, abuse of power, cruel and unusual punishment, excessive force, fabrication of evidence, case fixing, aggravated perjury, and corruption. These actions were allegedly perpetrated by Pharr Police Officers Jose A. Montiel #9370, Officer Anthony Garcia #3338, and others without justifiable cause or reasonable suspicion.

Pro Se Claims Unlawful Seizure and Brutality

The Pro Se litigant claims that Officer Jose A. Montiel #9370 was aided by Officer Anthony Garcia in unlawfully seizing and brutally attacking him, including the use of an unauthorized chokehold, similar to the technique used in the George Floyd case. Mr. Harvey asserts that the officers fabricated evidence and fixed cases to inflict pain and suffering upon him, interfering with his rights to freedom of speech and petitioning the government for redress.

Pro Se Claims Constitutional Violations

Mr. Harvey, Pro Se litigant, alleges a pattern of retaliation, discrimination, harassment, malicious prosecution, and obstruction of justice by the Pharr Police Department, resulting in persistent violations of his and others’ constitutionally protected civil rights as outlined in Title 42 U.S.C 1983 and 1985. He expresses concern over continuous human rights violations impacting not only himself but also other residents of Pharr, and asserts that these infringements are in violation of protections provided by 42 USC 1983 and 1985.

Pro Se Claims Police Misconduct and Lack of Training

Furthermore, Mr. Harvey, Pro Se litigant, accuses the Pharr Police Department of failing to adequately train their officers to respect the civil rights of all citizens, particularly people with disabilities. He claims that these continuous violations have resulted in ongoing injuries and infringements on his Constitutional rights.

Pro Se Claims Unlawful Seizure Allegations

In the lawsuit, Mr. Andrew “Andy” Harvey, Pro Se litigant, asserts that the charges of 911 Abuse and Resisting Arrest filed against him were baseless and created to harm him. He claims that Officer Jose A. Montiel #9370 and Officer Anthony Garcia# 3336 unlawfully seized him without objective and reasonable suspicion, constituting an illegal seizure. Mr. Harvey emphasizes his right under the 4th amendment to the Constitution and the due process clause of the 14th amendment, which protect him from unreasonable searches and seizures while on his property and in his residence.

The Pro Se litigant argues that the officers had no articulated facts to support a reasonable suspicion of any law violations by Mr. Harvey on the date of the alleged seizure. He alleges that the officers acted with malice, intending to cause punitive damages under Texas common law, Title 42 U.S.C. 1983 and 1985. Furthermore, Mr. Harvey claims that the officers’ actions exhibited actual malice and were motivated by an improper retaliatory or indifferent motive towards his federally protected civil rights.

Additionally, Mr. Harvey, Pro Se litigant, argues that Officer Jose A. Montiel #9370 and Officer Anthony Garcia #3336 violated his federal rights under the 4th amendment to the United States Constitution, and as a result, are liable to him under 42 USC 1983. He also asserts that these officers are denied government immunity and further emphasizes the damages he suffered as a consequence of these civil rights violations, including economic and non-economic injuries.

Disclaimer

The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.


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