The Montgomery County Sheriff’s Department is facing a lawsuit in federal court after an allegation that the department illegally issued a no-contact order.
Douglas Sarver claims after his arrest for driving under the influence, the department presented a no-contact order -- meaning he could not speak with his minor son.
Sarver’s attorney Daniel Kent says his client later received a letter from the prosecuting attorney in that trial confirming the department never contacted the appropriate court. Kent says presenting the order without judicial oversight is a constitutional violation.
“This is the sheriff’s department going rogue, basically,” Kent says. “It’s very alarming that this could happen and I think that this lawsuit ought to put them on notice that this cannot continue to happen.”
Kent says Sarver was not able to speak to his son for 11 days, and says a truant officer pulled the boy out of class to tell him and school employees that there was to be no contact with his father.
Kent says he wants the suit to send a message to the department.
“I think justice comes in a couple forms,” he says. “It comes in compensation to Mr. Sarver, but it also comes in the form of letting the Montgomery County Sheriff’s Department know that its citizens won’t stand for this.”
Kent says his client was also not allowed to call his attorney.
The Montgomery County Sheriff’s Department declined a request for comment.