Notice of complaint related to 2022-0564
Complainant alleges Austin police officers abused their power and forced the complainant off a bus without reason.
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OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
July 8, 2022
ICMS #: 2022-0564
On July 7, 2022, the OPO received an online complaint.
The complainant alleges:
Dear Office of Police Oversight, This complaint is
for Hispanic Male APD Officer/Detective
on
re: APD Case
No.
documented in detail in
complaints CaseID
On
, between
and
Officer/Detective
was called on
scene by
to the southbound bus stop at
to Bus #
to
deal with me,
a Straight Christian Male Passenger who lawfully refused to be
ILLEGALLY bullied by guilty Hispanic Male driver Operator ID
guilty Black
Male Supervisor T-43, and guilty Black Male bus supervisor 40, who ILLEGALLY
abused their official capacities to ILLEGALLY conspire to try gaslighting me with their
LIES to ILLEGALLY remove me from Bus
to violate my civil rights. Those three
guilty
employees FALSELY claimed my on-board gear was blocking the
aisle [a violation of
policy that is a safety issue] and FALSELY claimed I
was delaying service. However, the truth was my gear was NOT blocking the aisle [which
Officer/Detective
could plainly see for himself] and those three guilty
employees were the ones delaying service by ILLEGALLY denying me
service. Because my gear was flush against my front Passenger seat, at my feet, there was
enough room for Passengers to walk up and down the aisle, especially on that almost-empty
bus. Though Officer/Detective
did listen to me explain how I was being
mistreated and lied to by those three guilty
employees and did recognize
Code of Conduct that says, in part, "Keep hold of your belongings at
your feet," which I was doing, Officer/Detective
] appeared ready to
enforce the Criminal Trespass Notice guilty Black Male Supervisor - 43 wrongly issued
me to ILLEGALLY force me off the bus, though I had done NOTHING wrong. Though
Officer/Detective
] did give me the opportunity to exit the bus after Black
Male Supervisor T-43 issued me the Criminal Trespass Notice WITHOUT just cause,
had I lawfully stood my ground by NOT exiting the bus and demanded
follow the law by transporting me to my destination stop, Officer/Detective
] appeared ready to wrongly arrest me to wrongly back
BULLSHIT
OF
DATE
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
and CRIMINALITY. Because Officer/Detective
] agreed to continue
speaking with me on record, on camera, OUTSIDE the bus, to document those three
employees' criminality, if I peacefully exited the bus then and there, I did SO.
Officer/Detective
] kept his word. No arrest was made. However, outside
the bus, Officer/Detective
] continued wrongly backing
with FALSE information. For example, Officer/Detective
said
could refuse service to anyone because
is a private entity.
However, the truth is the exact opposite. Texas Transportation Code 451.001 legally
defines
as a Metropolitan Rapid Transit Authority. Therefore, per Texas
Transportation Code 451.052,
is a public political entity exercising public
and essential governmental functions for public purposes that are matters of public
necessity. Texas Transportation Code 451.052 also defines
as a
governmental unit whose operations are NOT proprietary functions for any purpose.
Therefore, because "proprietary duties" means "Those duties of a municipality which are
not strictly governmental duties" (Black's Law Dictionary), ALL
operations
are governmental, meaning NONE of them are private. Therefore, unlike a private entity,
cannot refuse service to anyone following the rules and law.
Officer/Detective
]
also tried playing games with respect to providing
me the APD Case number I specifically requested, documenting
calling
them out. He told me if I gave him my name, he'd give me the APD Case Number, though
he should have given me that APD Case Number WITHOUT me having to provide any
personal information because I had done NOTHING wrong. When I told him that,
Officer/Detective
explained that if I didn't provide my name, there'd
be nothing referenced in the APD Case Number except the CAD call itself. Therefore,
since I wanted
criminality to be documented in full with THEIR NAMES
and positions documented, for me to legally reference and follow up on later, I then
provided Officer/Detective
]
my name. However, instead of then
providing me the APD Case Number, Officer/Detective
] then asked me
my Date of Birth to BREAK his word try manipulating more personal information out of
me and still NOT provide the APD Case Number, which was complete TROLL
BULLSHIT behavior that engenders NO trust in APD, that should have NO place at APD.
In fact, the other, more junior, on-scene officer, Officer
] then stopped that
SHIT by providing me the APD Case Number
].
See my letter of recognition
thanking Officer
for more details. Therefore, in this situation, initially caused
by those three guilty
employees, Officer/Detective
] could
and should have done better by NOT backing
criminality by NOT playing
OF
DATE
COMPANY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
any games with me and by NOT telling me any false information about
constitution. Officer/Detective
] could and should have told me he would
NOT force me off the bus by NOT enforcing a bogus Criminal Trespass against me and
that
was legally bound to transport me to my destination stop to NOT violate
my civil rights and NOT illegally discriminate against me, which he had the legally
authority and discretion to say and do. Therefore, immediately place this complaint in
Officer/Detective
]
personnel file and keep it there for his next
evaluation. Immediately coach, reprogram, and retrain Officer/Detective
[#
to fix his upside-down mindset and correct his behavior moving forward.
Respectfully,
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.