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Cops Choke Houston Man for Smiling During Mugshot

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HOUSTON -- Some people smile after getting into trouble. Others get choked up. But a Houston man managed to do "both" at the same time and now he's suing for $5 million!

Christopher Johnson claims he was assaulted for smiling during his mugshot, KIAH reports.

Christopher-Johnson-mugshot

Christopher Johnson (Harris County Sheriff's Dept.)

"The Harris County employee told him that if he didn't stop smiling, that he was going to make him stop smiling," Andre Evans, Johnson's attorney said. "He then got another employee of Harris County Jail and they both place there hands around his neck. This is a clear violation of him first amendment free speech rights, as well as a case of excessive force."

The photo was taken after Mr. Smiley was arrested and charged with suspicion of driving drunk last summer.