Former Pharr Police Chief sues city, officers who arrested him

PHARR, Texas (ValleyCentral) — Former Pharr Police Chief and City Manager Andy Harvey filed a lawsuit in federal court against the City of Pharr, the Pharr Police Department and the officers who arrested him.

Andy Harvey (Photo courtesy of the city of Pharr.)

Harvey was arrested in September 2023 on charges of silent/abusive calls to a 911 service and resisting arrest.

Harvey said he sent the messages to 911 as a mistake, and after reviewing the case, the Hidalgo County District Attorney's Office decided not to accept the charges. Now, Harvey is claiming that they city, police department and the two officers violated his civil rights.

The former chief claims the two officers, Jose A. Montiel and Anthony Garcia, as well as the police department as a whole "engaged in a pattern of retaliation, discrimination, harassment, malicious prosecution and obstruction of justice."

Screenshot courtesy of Andy Harvey.

Harvey states that on the night of his arrest, he was subjected to a false arrest, excessive force, aggravated perjury, profiling and illegal searches. The lawsuit claims the officers used a prohibited chokehold, in violation of the George Floyd Justice in Policing Act.

The lawsuit, which he filed pro se, claims he was struck in his face and asphyxiated, despite repeatedly telling officers he couldn't breathe.

Pro se means Harvey is representing himself in court.

"He maintains that he did not knowingly and intentionally abuse 911 service and that he was unaware of the technological glitch that had occurred," the document stated.

Harvey argues that the arrest was not spontaneous, but rather a "premeditated action orchestrated by the Defendant officers' supervising officer and chain of command."

Harvey is seeking up to $10 million in damages. An initial conference has been scheduled before Chief United States District Judge Randy Crane on June 4.