A League City defense attorney has filed a federal civil rights lawsuit, alleging he was wrongfully arrested while legally parked in a handicapped spot outside his gym last summer.

R. Scott Shearer, 58, was waiting in his car outside a fitness center in July 2023, allowing his meal to settle before exercising, when League City police approached and arrested him for allegedly parking illegally in a handicapped space. According to the lawsuit filed Tuesday in Galveston’s federal court, Shearer had a valid disabled parking placard in his vehicle at the time.

As reported by The Galveston County Daily News, Shearer’s attorney, Randall L. Kallinen, stated, “This arrest never should have happened. He had a valid placard and followed the law.”

Kallinen explained that Shearer had removed the placard while driving, as Texas law prohibits drivers from obstructing their view with items hanging from the rearview mirror. After parking, Shearer left the placard inside the vehicle, which may have led to the confusion when someone reported a possible violation.

Shearer, who had recently undergone toe amputations and triple bypass surgery due to diabetes, is legally entitled to use disabled parking. The lawsuit alleges that he was calm and cooperative during the police encounter and offered to retrieve the placard or move his vehicle but was denied the opportunity.

Despite his cooperation, Shearer was handcuffed, taken to jail, and detained for several hours. He was later released on his own recognizance, and the charge was dismissed.

According to Kallinen, Shearer “might be the first person arrested for [this offense] in League City history,” noting that of 96 similar violations since January 2020, no other arrests have been recorded.

The city declined to comment on the litigation, citing policy, according to The Galveston County Daily News.

The lawsuit, filed in the U.S. District Court for the Southern District of Texas, alleges violations of Shearer’s First, Fourth, and Fourteenth Amendment rights, as well as the Americans with Disabilities Act. It seeks compensatory damages and attorney’s fees, though no specific amount was listed.

“Jailing anyone, let alone a handicapped person, for no reason is a very serious matter,” Kallinen told The Galveston County Daily News. “You can’t even get jail time if you are convicted of this parking violation — it is fine only.”

Kallinen has previously represented others in civil rights cases against League City, including a lawsuit filed by developer Randy Hall and his wife, who were detained in 2022 over a minor parking lot accident. That $25 million suit was ultimately dismissed by a federal judge.