Plaintiffs Allege Police Officers Violated Civil Rights During Medical Visit

In a dramatic legal confrontation, two Galveston residents have taken their grievances to the federal court, accusing local police officers of violating their civil rights. On February 5, 2026, Bobby J. Kennedy and Linda K. Vian filed a complaint in the United States District Court for the Southern District of Texas against Officers McGee-Powell, Zermeno, and an unidentified Officer John Doe #1 from the UTMB Galveston Police Department.

The case stems from an incident on October 4, 2024, at the UTMB Galveston Campus’s Urology Department. The plaintiffs allege that Officer McGee-Powell unlawfully threatened Mr. Kennedy with arrest for speaking in his normal voice and later trespassed into a private exam room without consent. The situation escalated when Mr. Kennedy exercised his First Amendment right by verbally confronting Officer McGee-Powell, which allegedly led to his retaliatory arrest for trespassing—a charge later dismissed due to lack of evidence.

Mrs. Vian claims her rights were also violated when Officers McGee-Powell and Zermeno attempted to forcibly return her to a medical examination she did not consent to without her husband present as her caregiver and advocate. The plaintiffs argue these actions breached their constitutional rights under both state and federal law, including protections against unlawful seizure and violations of free speech.

The plaintiffs are seeking various forms of relief from the court, including compensatory damages totaling $29,728 for financial losses incurred through bond procurement and legal fees. They also seek punitive damages amounting to $32,700.80 to deter future misconduct by the defendants and other officials. In total, they demand at least $62,428.80 in monetary damages along with any additional relief deemed appropriate by the court.

Representing themselves pro se in this matter are Bobby J. Kennedy and Linda K. Vian. The case is yet to be assigned a judge or case number but will be heard in the Southern District of Texas under Case ID 3:26-cv-00034.