Christopher Johnson's mugshot shows him smiling as he is being held by the neck by deputies. He claims that the deputies were choking him because he was smiling as they took his mugshot picture.
Johnson is now suing the Harris County police department after he was booked on July 25, 2015, on suspected drunk driving charges, and he says that his civil rights were violated when deputies choked him.
When he went to take his mugshot, he smiled for the picture, and he says that's what set off a deputy, who began to choke him and say "Take the picture right" and "Man, stop smiling!"
"This is how I always take my pictures," he replied.
A second deputy then stepped in to join in on the choking.
The sheriff's department has since released a statement saying that it has no policy against smiling in mug shots.
"It is not uncommon for detention personnel to assist impaired or uncooperative detainees during the booking photo process," spokesperson Ryan Sullivan told the Daily News.
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