Austin Lewis has filed a federal lawsuit against the City of Galveston and several of its police officers, alleging violations of his constitutional rights. The complaint was filed on November 25, 2025, in the United States District Court for the Southern District of Texas. The defendants named in the case include Detective A. Rogers, Lt. Joel Caldwell, Officer Geoffrey Gainer, Officer A. Lohman, and Officer A. Smith.
The lawsuit stems from an incident that occurred on September 18, 2023, when Austin Lewis was arrested in Galveston, Texas. During his arrest and subsequent interview with Detective Rogers at the Criminal Investigation Division, Lewis’s personal cellular phone was seized without a warrant or his consent. Despite his explicit refusal to allow a search of his phone, Rogers informed him that the device would be retained regardless. No judicial order authorized this continued retention, and the phone was not logged into evidence or entered into the property room.
Lewis’s complaint argues that these actions violated his rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution. He contends that his phone was unlawfully seized and retained without lawful authorization or due process. Furthermore, he claims that this seizure was retaliatory in nature because he regularly recorded and published videos of police activity as part of his work as a journalist and social media content creator.
In addition to these individual grievances, Lewis alleges a broader pattern of unconstitutional conduct by the City of Galveston Police Department. He cites other federal lawsuits against the city involving similar allegations of unlawful seizures of recording equipment from individuals engaged in protected First Amendment activities. According to Lewis’s complaint, these cases have put the city on notice about its officers’ unconstitutional conduct but have failed to prompt corrective training or supervision.
Lewis is seeking compensatory damages for loss of use of vital property and financial losses related to his journalism work during the two-year period he was deprived of his phone. He also seeks damages for emotional distress and harm to his First Amendment interests caused by what he perceives as retaliatory actions by law enforcement officers. Additionally, he requests punitive damages against individual defendants to deter future misconduct.
The plaintiff is represented by attorney Austin Lewis himself while seeking relief under various legal provisions including 42 U.S.C §1983 for civil rights violations and 42 U.S.C §1988 for attorney fees if counsel appears at any stage in this matter.
This case is presided over by Judge Nathan Ochsner with Case ID: 3:25-cv-00384.
Source: 325cv00384_Austin_Lewis_v_City_of_Galveston_Complaint_Southern_District_of_Texas.pdf
