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Last month, we showed you video of a Harris County Precinct 4 constable deputy showing up to a man’s home while looking for a fugitive. It turned out to be a case of mistaken identity, and now the man is suing the deputy.

Clarence Evans is filing a lawsuit against constable deputy Garrett Lindley. This case of mistaken identity that went viral happened back on May 8th. The whole video was about five minutes long.

The video shows the deputy holding Evans’ arm and you can hear him telling Evans that he has a warrant out for his arrest. At one point, the deputy asks for Evans’ ID, but he doesn’t comply. A few minutes after that, another deputy shows up and lets them know that Evans is not who they are looking for.

The Harris County Pct. 4 Constable’s Office did release a statement after it happened saying that the deputy was there on official business based on a report that a wanted fugitive was near the location and that the deputies left when they realized that Evans wasn’t who they were looking for.

This pending lawsuit alleges that Evans’ fourth amendment rights, which protects against unreasonable search and seizure, were violated. The civil rights lawyer representing Evans, U.A. Lewis said “Every person deserves to feel comfortable and safe in their own home or yard, especially in the United States where we have constitutional rights and laws to protect us.”

On Wednesday, there will be a press conference at the constable’s office where Evans’ supporters and attorneys will be speaking about the case.