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Bullard family sues City of Whitehouse, former police officer

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SMITH COUNTY (KYTX) -- The City of Whitehouse and a former police officer are being sued over a traffic stop involving a Bullard woman in June of 2012.

Court documents show the officer in question, Corporal David Allen, thought he might have found a drunk driver.

Dash cam video given to CBS 19 by the attorney who filed the suit shows Candance McCarrell's truck driving down the road.

She's a mother, and that night she had her 10-year-old with her. She swears she never drinks. From the time Allen turned the camera on, McCarrel's truck never appears to cross road markings on either side of her lane.

In an internal report, and in court documents, Allen said that's why he pulled McCarrell over. The lawsuit says he had no right to arrest her, adding that without the truck drifting over the line Allen had no probable cause for making the stop.

Pretty soon McCarrell was out of the truck and Allen was having her do field sobriety tests.

The video shows her becoming frustrated. She appears to be yelling and then walks toward her truck before Allen grabs her, cuffs her and puts her in his car.

"Is there anything in the car that you shouldn't have?" he asked.

"No," she said.

"Okay I'm just trying to understand [why you were walking away from me]," he said.

"You're welcome to search my whole truck," she said breathing heavily, apparently having a panic attack. "I don't care. I don't smoke weed. I don't do pot."

A few minutes later EMS looked her over. She calmed down and paramedics told her she appeared to be suffering from anxiety, never mentioning drugs or alcohol.

We went to Allen's home to ask him what happened. An older man who didn't identify himself said no one wanted to talk about it and slammed the door.

According to employment records from the city, by the time McCarrell's arrest happened in June
Corporal Allen was already under investigation in a separate incident.

He had been demoted the year before for violating policies.

Internal police memos say he violated city policies repeatedly. A few days later he got fired.

The city of Whitehouse is named in the lawsuit based on McCarrell's accusation that city leaders knew Corporal Allen had a history of violating policies.

City leaders said they can't comment on a pending lawsuit.

McCarrell is asking for money damages against the city and against Allen.

She was never charged with DWI and her resisting arrest charge was dropped.

No hearing date has been set for the suit.

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