By Rachel Bowman For Dailymail.Com
A Texas black man accused of raping his white neighbor has filed a lawsuit claiming his home security cameras prove his innocence – but police refused to look at the footage.
John Marks, 40, was arrested on December 7, 2023, after his neighbor, Amanda Zawieruszynski, alleged she was held hostage and raped at his home.
Marks and his long-time friend Freddie Douglas were accused of assaulting Zawieruszynski in the pool at a housewarming party in his home near Houston on November 9, 2023.
A new lawsuit filed by Marks said they both had their civil rights violated and the Manvel Police Department deliberately omitted evidence that showed the interaction was consensual.
“This case is not an isolated incident but reflects a time-worn pattern, reminiscent of the injustices depicted in To Kill a Mockingbird, where black men are falsely accused of sexual crimes by white women, and the machinery of law enforcement is all too willing to proceed without question,” the lawsuit said.
Marks moved to the tiny Texas town in April 2023 and said he quickly developed an intimate relationship with his new neighbor Zawieruszynski.
On November 9, 2023, he hosted a gathering at his home and claimed Zawieruszynski was caught on surveillance footage eagerly arriving at the party with cupcakes.
“The surveillance footage from [Marks] home captures [Zawieruszynski] arriving voluntarily, entering the home with no signs of distress or hesitation,” the lawsuit said.
As the evening progressed, Marks said video shows the woman consensually got in the pool and engaged in sexual activities.
“The surveillance footage shows [Zawieruszynski] willingly joining the group in the pool, undressing and entering the water of her own accord. At no point does the footage suggest that AZ was coerced or pressured into participating in these activities,” the lawsuit said.
The lawsuit also said footage captured her roaming freely around the house and calmly leaving at the end of the night.
A month later, Zawieruszynski filed a police report alleging the two men sexually assaulted and kidnapped her the night of the party.
Marks’ lawsuit claims officers omitted the surveillance footage evidence from their arrest warrant application and failed to even review the footage.
In March, a Brazoria County Grand Jury found that there was no basis for the charges and issued a no-bill.
Now Marks is suing the City of Manvel, three Manvel police officers, and Zawieruszynski for civil rights violations, defamation, and malicious prosecution.
He is seeking all available damages, including compensatory, punitive, and exemplary damages, as well as attorney’s fees and any other relief the court deems just and proper.
The Manvel Police Department declined DailyMail.com’s request for comment.