HOUSTON, TX (CNN) - A Texas man has filed a lawsuit against a deputy who mistook him for a wanted fugitive.
Police say it was a case of mistaken identity and no harm was done; however, the victim wishes the situation would have been handled differently.
Clarence Evans of Houston, says he was mistaken for a wanted fugitive out of Louisiana identified as Quintin Prejean.
Last month, Evans was standing outside his home with his family- when a precinct four deputy approached him- in his yard- Evans says he was first asked about a missing dog, then the conversation took a turn.
Evans’ wife recorded the confrontation while he was accused of being Prejean by the deputy.
Deputy Garret Lindley asked Evans for his ID, which at the time was a very frightening moment for him.
He was detained but finally released when another officer produced the picture that showed Evans was not who was being sought.
Now Evans' attorneys are filing a civil rights lawsuit against the deputy.
Evans’ attorney U.A. Lewis says, "He was there on his property watching his kids play with his dog, buckshot- and Mr. Lindley entered in violation of the law."
In response, Constable Mark Hermann says he wishes the situation hadn't happened- but doesn't believe he did anything wrong.
Herman says"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."
The lawsuit claims emotional distress and civil rights violations.
What Evans suggests is that deputies get to know the neighborhoods deputies patrol.
Evans says had he took the time to get to know him, he would have known that he wasn’t the wanted fugitive.