Rusk sawmill worker awarded $4.5M after losing hand in mill accident

Rusk sawmill worker awarded .5M after losing hand in mill accidentTYLER – Jerry Thomas, from Rusk, was awarded $4.5 million in a lawsuit after an accident that cost him his hand, according to our news partner KETK. In a release from the office of Daniel Gibbins, the lead attorney for Thomas, the lawsuit against Antonio Munoz Asseradero LLC over safety concerns at the sawmill found that unsafe working conditions were the cause of an accident that resulted in the loss of Thomas’ hand.

“This verdict reflects the seriousness of Jerry Thomas’s injury and the negligence that caused it,” Gibbins said. “Justice has been served for Mr. Thomas, and we are proud to have helped him secure the compensation he needs to rebuild his life after this tragic incident.”

Final arguments in “Trump Train” trial

AUSTIN (AP) — A civil trial in Texas over a so-called “Trump Train” that surrounded a Biden-Harris campaign bus days before the 2020 election reached closing arguments Friday before a federal jury decides whether the rolling highway encounter amounted to political intimidation.

“This case is not about politics,” Robert Meyer, an attorney representing those aboard the bus, told the jury. “It’s about safety.”

The two-week trial in an Austin federal courthouse has included testimony from former Texas Democratic lawmaker Wendy Davis, who ran for governor in 2014, and is one of three people who was on board the bus and brought the lawsuit against six supporters of former President Donald Trump.

No criminal charges have been filed against the Trump supporters, who have argued that their actions during the convoy on Oct. 30, 2020, were protected speech.

Video that Davis recorded from the bus shows pickup trucks with large Trump flags slowing down to box in the bus as it tried to move away from the group of Trump supporters. One of the defendants hit a campaign volunteer’s car while the trucks occupied all lanes of traffic, forcing the bus and everyone around it to a 15 mph crawl.

During closing arguments Friday, Meyer argued that the defendants’ conversations leading up to the convoy about “Operation Block the Bus,” dissemination of flyers and aggressive driving met the criteria for political intimidation.

“This wasn’t some kind of peaceful protest,” Meyer said. “The bus swarmed on all sides.”

Attorneys for the defendants were set to make their closing arguments before the seven-member jury later Friday.

Those on the bus — including Davis, a campaign staffer and the driver — repeatedly called 911 asking for help and a police escort through San Marcos, but when no law enforcement arrived, the campaign canceled the event and pushed forward to Austin.

The trial began with plaintiffs’ attorneys saying that organizers targeted the bus in a calculated attack to intimidate the Democrats, arguing that it violated the “Ku Klux Klan Act,” an 1871 federal law that bans political violence and intimidation.

The City of San Marcos settled a separate lawsuit filed by the same three Democrats against the police, agreeing to pay $175,000 and mandate political violence training for law enforcement.

Tyler Parks and Rec to host Movies in the Park

Tyler Parks and Rec to host Movies in the ParkTYLER – Tyler Parks and Recreation Department is again hosting Movies in the Park this fall. The Parks Department has shown 134 movies to date. The Movies in the Park program is a free movie for families and individuals to enjoy at Bergfeld Park, located at 1510 S. College Ave, Faulkner Park, located at 410 Cumberland Rd, and the Tyler Rose Garden, located at 420 Rose Park Dr. Three movies will be hosted starting Oct 5. Come out and see these classics!

Movies in the Park fall schedule:
Bergfeld Park Saturday, Oct. 5 at 7 p.m. – Hocus Pocus, rated PG.
Faulkner Park Saturday, Nov. 16 at 6 p.m. – Bad News Bears, rated PG-13.
Tyler Rose Garden (Queen’s Court) Saturday, Dec. 7 at 6 p.m. – Elf, rated PG.

The Movies in the Park program is made possible in part through sponsors with the Tyler Parks and Rec department. The fall season sponsors include Southside Bank, and more sponsors are needed!

For more information or questions, please contact Tyler Parks and Rec at (903) 531-1374 or visit TylerParksandRec.com.

Dallas Police Chief will retire to reunite with his old boss in Austin

DALLAS – The Dallas Morning News reports that Dallas police Chief Eddie García once said he’d “run through a wall” for former City Manager T.C. Broadnax, but it appears he will only have to drive down Interstate 35. According to a memo from Broadnax, García will retire from the Dallas Police Department to become an assistant city manager under his former boss, where he will oversee the city’s first responders. According to that memo, his first day will be November 4. Broadnax, who left Dallas for the same job in Austin earlier this year under a cloud of acrimony, had reportedly been eyeing García for the open police chief position there. It prompted interim City Manager Kim Tolbert to tell Houston and Austin to “turn around and go back home.” And even though the city charter doesn’t allow the Council to strike a contract with the police chief, Tolbert seemed to wrangle a deal: in exchange for García’s committing to the city through May 2027, he would get a twice-annual $10,000 retention bonus beginning November 2024, as well as assurances that he would receive a year’s salary if fired “for convenience” during those three years. He will not get those bonuses or severance.

“This was complicated, but we got it done,” Tolbert said in a statement announcing the agreement. “If this was NFL Football, we were able to keep Chief García on the Dallas Team; he’s the right quarterback to lead our police department. We certainly didn’t want to lose him to free agency.” García seemed adamant about staying put. “This is the right place to complete my service, and I know your police officers are honored to serve Dallas residents,” he said. “We will keep doing our jobs with excellence and results.” On May 16, he tweeted “Home = @DallasPD.” This is the risk when a city manager bails. There is always a possibility that he’ll take his preferred employees with him. Deputy City Manager Jon Fortune was among the first to choose Austin, costing Dallas a highly respected administrator with a deep knowledge of public safety. Now it’s García, who teamed with criminologists to translate granular data into a plan that has successfully reduced violent crime in the city of Dallas each of the last four years. It’s been widely cited that Mayor Eric Johnson’s icy relationship with Broadnax forced his resignation, that their time together had grown so sour that little could be accomplished from 1500 Marilla. Now García has chosen his old boss over the city he once pledged to serve for at least five years. He made it three and a half.

Second gentleman Doug Emhoff will campaign in Texas next week

AUSTIN – The Austin American-Statesman reports that Doug Emhoff, the husband of Vice President Kamala Harris, plans a two-day campaign swing in Texas beginning Monday to take part in a get-out-the-vote rally and to raise money on behalf of Democrats in advance of the Nov. 5 election. The rally, scheduled Monday in San Antonio, will be joined by with the city’s mayor, Ron Nirenberg, as well as former Mayor Julia´n Castro and his twin brother, U.S. Rep. Joaquin Castro. Tuesday’s events will include stops in Austin and in Houston. The venues and programs were not publicly announced Thursday. Republicans, who hold all statewide offices in Texas and majorities in both chamber of the Legislature, said the visit by the husband of the Democratic presidential nominee would do little to change the political landscape in the state. “We welcome Doug Emhoff wasting time by visiting Texas,” said state GOP Chairman Abraham George in a statement. “Texas is, and will remain solidly Republican. We are well on our way to knocking on over 100,000 doors in targeted flippable races.”

With national polls showing the presidential race neck-and-neck, top Texas Democrats have said the ticket of Harris and vice presidential nominee and Minnesota Gov. Tim Walz were unlikely to expend significant resources in the state that is widely expected to remain in the GOP column in November. University of Texas at San Antonio political science professor Jon Taylor, however, said Emhoff’s visit makes at least some political sense, if for no other reason than to tap the checking accounts of the state’s Democratic donors for money that could be spent in the swing states that will likely decide the election. “I would say he’s definitely (coming) here to raise money, definitely to help down-ballot races, given that a lot of polling shows (Democratis U.S. Senate nominee Colin) Allred within 10 to 5 points of Ted Cruz,” Taylor said, referring to the incumbent two-term Republican senator. Among other well-known Democrats who will be joining Emhoff, two Democratic state House candidates running in Republican-held but competitive districts anchored in San Antonio are also scheduled to be part of Monday’s program. Democrat Kristian Carranza, a political newcomer, is challenging two-term Republican John Lujan in House District 118. Lujan scratched out his 2022 victory by fewer than 2,000 votes in the race that drew about 50,000 people to the polls. Laurel Jordan Swift, also a Democratic first-time candidate, will face Republican Marc LaHood, who ousted ousted three-term Republican Steve Allison in District 121 in the GOP primary. Allison won reelection by a more comfortable 5-point margin two years ago.

GM truck recall

DETROIT (AP) – General Motors is recalling more than 449,000 of its SUVs and pickup trucks because the electronic brake control module software may fail to display a warning light when a loss of brake fluid takes place.

The National Highway Traffic Safety Administration said Friday that the recall includes certain 2023-2024 Cadillac Escalade and Escalade ESVs, 2023 Chevrolet Silverado 1500, 2023-2024 Chevrolet Tahoe and Suburban 1500, 2023 GMC Sierra 1500, 2023-2024 GMC Yukon and Yukon XL models.

The agency said that without the warning light, a vehicle may be driven with low brake fluid, which can reduce braking performance and increase the risk of a crash.

A free software update will be provided to vehicle owners.

Owner notification letters are expected to be mailed Oct. 28. Vehicle owners can contact GMC customer service at 1-800-462-8782, Chevrolet customer service at 1-800-222-1020, or Cadillac customer service at 1-800-458-8006.

Ken Paxton sues Harris County…again

HOUSTON – The San Antonio Express-News reports that Texas Attorney General Ken Paxton is again suing Harris County over its guaranteed income initiative, alleging that the latest version of the program still violates the Texas Constitution despite modifications officials made to pass muster. “The Texas Constitution expressly prohibits giving away public funds to benefit individuals — a common sense protection to prevent cronyism and ensure that public funds benefit all citizens,” Paxton, a third-term Republican, wrote in the suit. “The State of Texas brings this suit to ensure that Harris County follows the law and that public funds are properly expended and not doled out as door prizes at the voting booth.” Harris County Attorney Christian D. Menefee held his ground in a statement he made Thursday on social media.

“Our 1st basic income program was legal. The Texas Supreme Court disagreed, so we created a new program to address concerns,” said Menefee, a Democrat. “If it wasn’t clear before, it’s clear now: @KenPaxtonTX’s goal is to tank a program that will help Texans in need. We won’t back down. See you in court.” Uplift Harris, as the local program is called, is designed to give financial assistance to low-income households picked through a randomized lottery. Around 1,900 participants were selected earlier this year to receive $500 monthly payments for 18 months, following a similar guaranteed income model that has been used around the country. Though the original legal battle over the program is still making its way through the courts, the county decided last month to move forward with a modified program because it’s running out of time to spend the $20.5 million of earmarked funds. The money comes from federal pandemic recovery dollars that must be allocated by the end of the year.

Memorial Hermann doctor admits altering transplant records

HOUSTON – The Houston Chronicle reports a surgeon in the liver transplant program at Memorial Hermann – Texas Medical Center admitted earlier this year to circumventing federal rules to make it highly unlikely that certain patients would receive an offer for a life-saving organ, according to federal documents provided this week to the Houston Chronicle. The surgeon, who was not named in the report but was later identified by the hospital as Dr. J. Steve Bynon, said he changed information in a transplant database without going through a formal review process. He is quoted in the documents as saying he took the “shortcut” to “ensure patients were safely transplanted.” Other hospital officials told regulators that the surgeon made the changes because his patients were sick, the documents say. Patients, however, were not notified of the changes while they remained active on the waitlist, according to the documents, which describe deficiencies found during an April 4 inspection by the Centers for Medicare and Medicaid Services.

The surgeon “admitted that it was ‘all his fault,’ and he maybe should have inactivated the patients from the waitlist,” according to the documents. Making such changes without notifying patients is a breach of medical ethics, an expert told the Chronicle. The documents reveal new details about previously reported problems in the hospital’s liver transplant program and raise additional questions about Bynon’s possible motives. They portray an environment where he repeatedly acted without consulting the hospital’s medical review board, a group of medical workers that collectively decides which patients should be added or removed from the transplant wait list. Bynon, a prominent abdominal transplant surgeon who took over the Memorial Hermann program in 2011, has been sued by multiple families who allege their loved one died as a result of changes he made to transplant information. Neither Bynon nor his attorney responded to a request for comment Thursday.

Tennessee man leads deputies on multi-county pursuit

Tennessee man leads deputies on multi-county pursuitNACOGDOCHES COUNTY – A Tennessee man who led Nacogdoches County Sheriff’s Office deputies in a multi-county pursuit Tuesday morning was found with a firearm and marijuana. According to the sheriff’s office and our news partner KETK, a deputy attempted to pull over a speeding 2020 Toyota at around 7:15 a.m. on US 259 near Central Heights school zone. The driver identified as 41-year-old Christopher Michael Chaney, of Ashland City, Tennessee, fled and reached speeds of 120 mph, the sheriff’s office said.

Nacogdoches Police Department officers and Texas Department of Public Safety troopers reportedly assisted in the pursuit as Chaney continued to flee toward Garrison on U.S. 59. Continue reading Tennessee man leads deputies on multi-county pursuit

Tyler mother seeks answers 8 years after son’s death

Tyler mother seeks answers 8 years after son’s deathSMITH COUNTY — Nearly a decade after her son was killed, a Tyler Mother is still looking for answers. For eight years, Mary Moore, mother of Steven Ray Smith who was killed in September of 2016, has been searching and hoping for answers. “I can’t sleep at night because I miss him,” Moore said. “It’s the worst thing that a mother can feel, like a black hole in your heart.”

According to our news partner KETK, in 2016 Aisha McGee and Steven Smith were shot to death outside of a now closed club in northwest Tyler. Tyler police officer Andy Erbaugh served as one of the responding detectives on the case. “On September 18th, 2016, at around 2:44 in the morning,” Erbaugh said. “No witnesses except for one stayed on scene and we found that two people had been shot and killed.”

He said unfortunately they still don’t have a suspect, leaving the families lost for answers. Continue reading Tyler mother seeks answers 8 years after son’s death

US awards $3 billion for EV battery production in 14 states

WASHINGTON (AP) — The Biden administration is awarding over $3 billion to U.S. companies to boost domestic production of advanced batteries and other materials used for electric vehicles, part of a continuing push to reduce China’s global dominance in battery production for EVs and other electronics.

The grants will fund a total of 25 projects in 14 states, including battleground states such as Michigan and North Carolina, as well as Ohio, Texas, South Carolina and Louisiana.

The grants announced Friday mark the second round of EV battery funding under the bipartisan infrastructure law approved in 2021. An earlier round allocated $1.8 billion for 14 projects that are ongoing. The totals are down from amounts officials announced in October 2022 and reflect a number of projects that were withdrawn or rejected by U.S. officials during sometimes lengthy negotiations.

The money is part of a larger effort by President Joe Biden and Vice President Kamala Harris to boost production and sales of electric vehicles as a key element of their strategy to slow climate change and build up U.S. manufacturing. Companies receiving awards process lithium, graphite or other battery materials, or manufacture components used in EV batteries.

“Today’s awards move us closer to achieving the administration’s goal of building an end-to-end supply chain for batteries and critical minerals here in America, from mining to processing to manufacturing and recycling, which is vital to reduce China’s dominance of this critical sector,” White House economic adviser Lael Brainard said.

The Biden-Harris administration is “committed to making batteries in the United States that are going to be vital for powering our grid, our homes and businesses and America’s iconic auto industry,” Brainard told reporters Thursday during a White House call.

The awards announced Friday bring to nearly $35 billion total U.S. investments to bolster domestic critical minerals and battery supply chains, Brainard said, citing projects from major lithium mines in Nevada and North Carolina to battery factories in Michigan and Ohio to production of rare earth elements and magnets in California and Texas.

“We’re using every tool at our disposal, from grants and loans to allocated tax credits,” she said, adding that the administration’s approach has leveraged more $100 billion in private sector investment since Biden took office.

In recent years, China has cornered the market for processing and refining key minerals such as lithium, rare earth elements and gallium, and also has dominated battery production, leaving the U.S. and its allies and partners “vulnerable,” Brainard said.

The U.S. has responded by taking what she called “tough, targeted measures to enforce against unfair actions by China.” Just last week, officials finalized higher tariffs on Chinese imports of critical minerals such as graphite used in EV and grid-storage batteries. The administration also has acted under the 2022 climate law to incentivize domestic sourcing for EVs sold in the U.S. and placed restrictions on products from China and other adversaries labeled by the U.S. as foreign entities of concern.

“We’re committed to making batteries in the United States of America,” Energy Secretary Jennifer Granholm said.

If finalized, awards announced Friday will support 25 projects with 8,000 construction jobs and over 4,000 permanent jobs, officials said. Companies will be required to match grants on a 50-50 basis, with a minimum $50 million investment, the Energy Department said.

While federal funding may not be make-or-break for some projects, the infusion of cash from the infrastructure and climate laws has dramatically transformed the U.S. battery manufacturing sector in the past few years, said Matthew McDowell, associate professor of engineering at Georgia Institute of Technology.

McDowell said he is excited about the next generation of batteries for clean energy storage, including solid state batteries, which could potentially hold more energy than lithium ion.

US Senate panel OKs action against Steward Health Care CEO

BOSTON (AP) — Members of a U.S. Senate committee looking into the bankruptcy of Steward Health Care adopted two resolutions Thursday designed to hold CEO Ralph de la Torre in contempt — one for civil enforcement and another for criminal contempt — for not testifying before the panel.

The votes come after de la Torre refused to attend a committee hearing last week despite being issued a subpoena. Both resolutions will be sent to the full Senate for consideration.

Sen. Bernie Sanders, a Vermont independent and chair of the Senate Health, Education, Labor and Pensions Committee, said de la Torre’s decision to defy the subpoena gave the committee little choice but to seek contempt charges.

“For months, this committee has invited Dr. de la Torre to testify about the financial mismanagement and what occurred at Steward Health Care,” Sanders said at Thursday’s hearing. “Time after time, he has arrogantly refused to appear.”

In a letter sent to the committee Wednesday, Alexander Merton, an attorney for de la Torre, said the committee’s request to have him testify would violate his Fifth Amendment rights.

The Constitution protects de la Torre from being compelled by the government to provide sworn testimony intended to frame him “as a criminal scapegoat for the systemic failures in Massachusetts’ health care system,” Merton wrote, adding that de la Torre would agree to testify at a later date.

“Our concerns that the Hearing would be used to ambush Dr. de la Torre in a pseudo-criminal proceeding were on full display last week, with the Committee soliciting testimony from witnesses calling Dr. de la Torre and Steward executives ‘health care terrorists’ and advocating for Dr. de la Torre’s imprisonment,” Merton added.

The resolution for civil enforcement of the subpoena instructs the Senate legal counsel to bring a lawsuit in the District Court for the District of Columbia to require de la Torre’s testimony before the committee.

The criminal contempt resolution would refer the matter to the U.S. attorney for the District of Columbia to criminally prosecute de la Torre for failing to comply with the subpoena.

“Even though Dr. de la Torre may be worth hundreds of millions of dollars. Even though he may be able to own fancy yachts and private jets and luxurious accommodations around the world. Even though he may be able to afford some of the most expensive lawyers in America, Dr. de la Torre is not above the law,” Sanders said.

Texas-based Steward, which operates about 30 hospitals nationwide, filed for bankruptcy in May,

Steward has been working to sell a half-dozen hospitals in Massachusetts. But it received inadequate bids for two other hospitals, Carney Hospital in Boston and Nashoba Valley Medical Center in the town of Ayer, both of which have closed as a result.

A federal bankruptcy court this month approved the sale of Steward’s other Massachusetts hospitals.

Steward has also shut down pediatric wards in Massachusetts and Louisiana, closed neonatal units in Florida and Texas, and eliminated maternity services at a hospital in Florida.

At the same time, de la Torre has reaped hundreds of millions of dollars personally and bought a $40 million yacht and a $15 million luxury fishing boat, Sanders said.

Ellen MacInnis, a nurse at St. Elizabeth’s Medical Center in Boston, testified before the committee last week that under Steward management, patients were subjected to preventable harm and even death, particularly in understaffed emergency departments.

She also said there was a time when Steward failed to pay a vendor who supplied bereavement boxes for the remains of newborn babies who had died and had to be taken to the morgue.

“Nurses were forced to put babies’ remains in cardboard shipping boxes,” she said. “These nurses put their own money together and went to Amazon and bought the bereavement boxes.”

Texas education commissioner calls for student cellphone ban in schools

AUSTIN (AP) – Texas Education Agency Commissioner Mike Morath on Wednesday said next year lawmakers should ban the use of cellphones in public schools across the state.

Morath’s endorsement of a statewide ban came during his testimony at a Senate Education Committee hearing, where he called the use of cellular devices “extremely harmful” to student progress.

“If it were in my power, I would have already banned them in all schools in the state,” Morath said. “So I would encourage you to consider that as a matter of public policy going forward for our students and our teachers.”

Morath’s comments fall directly in line with a debate taking place in school systems across the country, a contentious subject that doesn’t divide neatly along party lines. The commissioner brought up the topic of cellphones while testifying about student outcomes on national and state exams. On the most recent state exam, only 41% of Texas students demonstrated an adequate understanding of math, a significant cause for concern among lawmakers Wednesday.

People supporting universal cellphone bans note that the devices distract students from learning and are harmful to children’s mental health.

Others worry that banning cellphones prevents young people from exercising personal responsibility and communicating with their parents during emergencies — a growing concern as mass shootings have become more common throughout the United States. During the Uvalde school shooting, where a gunman massacred 19 students and two teachers, children trapped inside the school used phones to call police for help.

Still, some committee lawmakers on Wednesday responded to Morath’s testimony with an openness to the idea.

“Mental health is becoming a bigger and bigger issue,” said Sen. José Menéndez, D-San Antonio. “I like what you said about if we could get rid of the cellphones, you know. I mean, it would help all of us if we could do that. But we can’t. I mean … how would it look?”

Morath pointed out that many Texas school districts already ban cellphones in schools, some outright and others only allowing limited use during times like lunch or traveling in between classes.

“Administratively, this is a very doable thing,” he said.

Sen. Donna Campbell, a New Braunfels Republican, said that “while we will make an attempt” to ban cellphones from class during the next legislative session, it is ultimately the responsibility of school districts to take action.

“Everything doesn’t take legislation,” said Campbell, who proposed a bill during the last legislative session that sought to prohibit smartphone use during instructional time. “It takes leadership.”

Seventy-two percent of high school teachers across the country say that cellphone distractions are a major problem in their classroom, compared with 33% of middle school teachers and 6% of elementary school teachers, according to Pew Research. Seven states thus far have passed laws that ban or restrict cellphone use in schools, according to the Kaiser Family Foundation.

Legislators in California, which has the most students enrolled in public schools in the country, recently approved a bill requiring school districts to develop a policy restricting the use of cellphones by 2026. But it is unclear whether Texas, where more than 5.5 million children go to school, will soon follow suit.

During The Texas Tribune Festival earlier this month, state Rep. Gina Hinojosa, a Democratic member of the Public Education Committee from Austin, said she doesn’t like the use of cellphones in the classroom, “but it may be that we should leave it to school districts to decide that on their own.”

“I don’t know,” Hinojosa said. “We’ll have to hear the debate.”

Rep. Ken King, R-Canadian, who also serves on the Public Education Committee, said most of the schools he represents have already restricted cellphones.

“I don’t think we need law for everything,” he said.

Woman sues Florida sheriff after mistaken arrest lands her in jail on Christmas

FORT LAUDERDALE, Fla. (AP) — Jennifer Heath Box had few worries as she exited her cruise ship at Fort Lauderdale’s port on Christmas Eve 2022.

The Texan and her husband had spent six days at sea celebrating with her brother, a Georgia police officer who had just completed cancer treatment. In two hours the couple had a flight home to Houston, where they would spend Christmas with their Marine son, who was leaving for a three-year deployment in Japan, and two other adult children.

But according to a federal civil rights lawsuit filed Thursday by Box against the Broward County Sheriff’s Office, its deputies wrongly arrested her as she disembarked and then jailed her for three days, subjecting her to a body cavity search and blasting her cell with death metal music and freezing air.

Deputies accused the 50-year-old financial systems administrator of being a much younger woman with a similar name who was wanted in Harris County, Texas, for felony child endangerment. Harris County had mistakenly put Box’s photo on its warrant, but none of the other information matched.

“I’ve never done anything to where I would find myself on the other side of bars,” Box said at a Thursday press conference near Port Everglades, Florida. “It was really difficult for me because I had to call my kids and tell them that I wasn’t going to be there” for Christmas.

Box said while being booked, a male inmate tried to enter her cell several times, which she called “terrifying.” She said even after Harris County told Broward they had the wrong woman in custody, she wasn’t released for another day and missed her son’s departure.

“It was humiliating, degrading,” Box said of her treatment.

The Broward Sheriff’s Office issued a statement Thursday saying while it “sympathizes” with Box, the department and deputies Peter Peraza and Monica Jean did nothing wrong. It blames the situation on its Texas counterparts.

“The BSO deputy (Peraza) followed the appropriate protocols in handling this matter, and after receiving confirmation of the Harris County warrant, arrested Ms. Box,” the statement said. “Had it not been for the arrest warrant filed by the Harris County Sheriff’s Office, Customs and Border Patrol would not have flagged Ms. Box, BSO would not have been notified and she would not have been arrested.”

The groundwork for Box’s mistaken arrest was laid when she boarded the ship nearly a week earlier. U.S. Customs and Border Patrol conducts background checks on cruise passengers and matched her to the Harris County warrant. When her ship returned, she was already targeted for arrest.

Border Patrol officers stopped Box after she scanned her ID to leave the ship and summoned Peraza and Jean.

While it was Box’s photo on the warrant, she and her attorneys say the deputies and later their supervisors refused to acknowledge several obvious discrepancies. Box’s middle and last name were not the same as those on the warrant. She is also 23 years older and 5 inches (13 centimeters) taller than the real suspect and has different colored eyes, hair and skin tone.

Charges against the real suspect were dropped days later by Harris County prosecutors, who called the case “weak.”

Box’s attorney, Jared McClain of the nonprofit Institute for Justice, said they aren’t suing Harris County because it simply had one employee make a mistake. He said Broward sheriff’s officials, on the other hand, repeatedly refused to look at the evidence and work to correct a mistaken arrest that should have been obvious, even when contacted by Box’s police officer brother.

“At none of those red flags did anyone in Broward County stop and say, ‘Maybe we’re making a mistake here. Maybe we shouldn’t put this woman in jail over Christmas.’ So that’s why we’re here in Broward County,” McClain said.

The lawsuit does not seek a specific monetary amount, but McClain said the arrest cost Box and her family thousands of dollars in additional hotel and legal costs.

Body camera video shows that Box, wearing a sweatshirt reading “Santa Baby,” and her husband are flabbergasted when told she is being arrested, but they remain calm. In return, the deputies never get physical with her or raise their voices.

Box tried to point out the warrant’s discrepancies, but Peraza pointed to the matching photo and said he had to arrest her. Box removed her jewelry, handed it to her husband and then put her hands behind her back to be cuffed as passersby watched.

After Box was placed in Peraza’s patrol car, the deputy again seemed to study the warrant. He opened the door, asked Box again for her full name, which she provides. She points out that both “Jennifer” and “Heath” are common names. He slowly closes the door as he again reads the warrant, but then drives her to jail.

Box says even though the jail was extremely cold, she was given a thin jail uniform while the guards wore stocking caps, heavy jackets and gloves. She said she and her cellmate slept together back-to-back to keep warm.

Finally, a day after she says Broward learned of Harris County’s mistake, she was released. She said she expected an apology, but none was given.

Instead, she says, she was told “stuff happens.”