Rep. Roy Nehls of Texas is suing the federal government for $2.5 over the unlawful harassment he faced in the wake of the January 6th protests.
According to the complaint filed in federal court from his home state of Texas, a Capitol Police officer entered Nehls’ office without consent during a recess in November 2021.
The office then photographed legislative materials — including a whiteboard with notes on proposed firearm legislation — and then triggered a follow-up investigation by plainclothes officers.
The lawsuit claims this intrusion occurred without a warrant, without exigent circumstances, and in clear violation of the Fourth Amendment and the Speech and Debate Clause of the U.S. Constitution.
It also alleges that the officer fabricated a justification by claiming Nehls’ door was “wide open” and cited a suspicious yellow alert, despite no official bomb alert being issued.
According to the version of events maintained by Capitol Police, an officer entered Nehls’s office during a routine security sweep because the door was left ajar.
On entering the room, he supposedly started taking notes off the whiteboard because he found them concerning.
However, building mechanics later confirmed the door could not have remained open due to automatic closing systems.
Nehls’ attorneys argue the real motive behind the search was retaliation for Nehls’ public criticism of the Capitol Police’s conduct during and after the events of January 6, 2021.
The complaint further contends that the data gathered — including a photograph of the legislative whiteboard — was stored in a Capitol Police database, amounting to an improper criminalization of legislative activity.
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Nehls is seeking $2.5 million in damages, asserting that his rights were violated and that the incident reflects a dangerous precedent of executive overreach into congressional affairs.
The lawsuit calls the Capitol Police’s actions “unconstitutional,” “retaliatory” and “an affront to the separation of powers.”
His legal representation on the case is the lawyer Terrell Roberts, has represented the family of Ashli Babbitt, a Trump supporter who was murdered in cold blood by Capitol Police officer Michael Byrd.
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