Man claims he was assaulted when he smiled for mugshot

HARRIS COUNTY, TX - A Texas jail inmate says he was assaulted by police because he smiled for his mugshot.

The Daily Mail reports Christopher Johnson is suing after he says two county employees put their hands around his neck and choked him for about 30 seconds.

Johnson, 38, said he was choked because he did not pose for the camera in a serious manner, according to a federal lawsuit filed this week against the Harris County Sheriff's Office.

The lawsuit - which claims the jailers and a deputy violated his civil rights by choking him and deprived him of his constitutional right to free speech - is the second lawsuit in as many weeks to allege poor treatment during processing at the Harris County jail.

Johnson was arrested on July 25, 2015 for allegedly driving drunk on his motorcycle.

A police report accused Johnson of being uncooperative, something he denies.

The Harris County Sheriff's department has no policy against smiling during mugshots, public information officer Ryan Sullivan told the Daily News.

"It is not uncommon for detention personnel to assist impaired or uncooperative detainees during the booking photo process," Sullivan said in a statement.