A 70-year-old man is suing two police officers for what he claims was an unlawful arrest on his own property. On February 17, 2026, Joe Cooksey filed a complaint in the United States District Court for the Northern District of Texas against James Holdar II and Caden Goodman. The lawsuit alleges that Cooksey’s constitutional rights were violated during an incident involving a controlled burn on his property.
The case centers around an event on November 10, 2025, when Cooksey was arrested by Officer Holdar while using a propane torch to burn grass burrs around his ham radio tower. According to the complaint, this activity was legal under Texas Penal Code § 28.02(b), which allows for controlled burning of unwanted vegetation. Despite this, Officer Holdar arrested Cooksey for arson, a second-degree felony. The complaint argues that no reasonable officer could have believed there was probable cause for such a charge. The arrest occurred shortly after Cooksey refused to provide identification and criticized the officers, suggesting retaliatory motives in violation of the First Amendment.
Cooksey’s arrest lasted only about 15 minutes before he was released without charges or warnings after Officer Holdar consulted with his sergeant and the fire chief, both of whom recognized that the conduct did not constitute arson. This quick reversal is cited as evidence that the arrest lacked probable cause from the start. Furthermore, body-worn camera footage captured by the officers documented these events.
In his lawsuit, Cooksey seeks compensatory damages for physical pain and emotional distress caused by the arrest. He also requests nominal damages for First Amendment violations and punitive damages against each defendant. Additionally, he seeks attorney’s fees and costs pursuant to federal law, along with pre-judgment and post-judgment interest.
Representing Joe Cooksey is attorney Brandon J. Grable from Grable PLLC in San Antonio, Texas. The case has been assigned Case ID 3:26-cv-00415-E.
Source: 326cv00415_Joe_Cooksey_v_James_Hodar_Complaint_Northern_District_of_Texas.pdf
