HARRIS COUNTY, Texas (CNN) – A Texas man has announced he is suing the deputy who mistook him for a fugitive.
Police say it was a case of mistaken identity and no harm was done.
Quinton Prejean is a wanted fugitive from Louisiana, but Clarence Evans was mistaken for him.
Evans was standing outside his home with his family-when a precinct 4 deputy approached him in his yard.
Evans says he was first asked about a missing dog when the conversation turned. He says he was accused of being Prejean by the deputy as his wife recorded it on her phone.
Evans was asked for his ID and says he was frightened by the deputy.
He was detained and finally released when another officer produced the picture that showed Evans was not who they were searching for.
Now Evans’ attorneys are filing a civil rights lawsuit against the deputy.
Constable Mark Hermann says he wishes the situation hadn’t happened but doesn’t believe they did anything wrong.
“We got a call that an individual was wanted- that’s the individual wanted and our guy went out there and really did the best he could with the situation. Could we have handled it better? Absolutely,” said Hermann.
The lawsuit claims emotional distress and civil rights violations.
Evans suggests the deputies get to know the neighborhoods they patrol.
“Had he got out and took the time to meet the people on a first name basis, he would have known I wasn’t Quinton,” said Evans.