Notice of complaint related to 2022-0594

OF
STATE
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
July 22, 2022
ICMS #: 2022-0594
On July 18, 2022, the OPO received an online complaint.
The complainant alleges: This complaint is against Black Male APD Officer
on
between
related to
,
complaint CaseID
On
, between
the Black Male
bus driver operating Bus
, running Route
wrongly, intentionally, and ILLEGALLY REFUSED TO STOP at
Stop
[by
to wrongly,
intentionally, and ILLEGALLY NOT board or transport me,
,
a Straight
Christian Male Passenger, who was rightly standing at Stop
facing oncoming Bus
#
and waving my arm up and down to signal my intention to board and ride. A few
minutes later, I flagged down Black Male APD Officer
[#
who was in his
patrol car, heading east on
but stopped at a red light. Officer
rightly, promptly, and safely pulled into the
parking lot to hear me.
On the public sidewalk abutting
], I told Black Male
APD Officer
the Black Male CAP METRO bus driver operating Bus
running Route
had just ILLEGALLY REFUSED TO STOP for me at Stop
to ILLEGALLY NOT board or transport me. Because Route
is circular and short,
and driven only by that one criminal Black Male bus driver, I then told Officer
[#
that because that criminal Black Male bus driver would be back around in that
same Bus #
in about 15 minutes, I wanted Officer
[#
to wait there for
the return of that criminal Black Male CAP METRO bus driver to stop him and force him
to board and transport me to FOLLOW THE LAW, to LAWFULLY ENFORCE MY
CIVIL RIGHT to travel on public transportation, Constitutionally protected by the 14th
Amendment. However, not only did Officer
[#
refuse to do any of that, but
he told me that
was PRIVATE, implying that he could NOT force
to board and transport me because a private enterprise could deny me service
without just cause. However, the TRUTH is
is NOT private, per Texas law.
Texas Transportation Code 451.001 legally defines
as a Metropolitan Rapid
Transit Authority. Per Texas Transportation Code 451.052,
is a public
political entity exercising public and essential governmental functions for public purposes
OF
CITY
CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
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. In addition, more than
75% of
funding comes from Texas sales tax. Yet, when I respectfully
corrected Officer
[#
telling him that
is a PUBLIC entity per
Texas Transportation Code 451, he wasn't hearing it. When I offered to show Officer
[#
Texas Transportation Codes 451.001 and 451.052 in writing, which I had
with me in hard copy in black and white, he wouldn't look at it. Therefore, in effect, Black
Male APD Officer
[#
wrongly, blindly, and intentionally backed criminal
Black Male
bus driver ILLEGALLY discriminating against me, a Non-
Black member of the public who Black Male APD Officer
[#
swore to
protect and serve. Though Black Male APD Officer
[#
and Black Male
bus driver are both public servants, per Texas Penal Code 1.07(a)(41)(A), neither
were serving me, a Non-Black member of the public. Therefore, based on the evidence and
law, Officer
[#
's unprofessional, unacceptable conduct against me engenders
DISTRUST of APD - the EXACT OPPOSITE of what he should have said and done.
Expect this episode to be called out publicly, on record, on TV. Therefore, immediately
place this complaint in Officer
[#
's personnel file and keep it there for his
next evaluation. Immediately coach, reprogram, and retrain Officer
[#
to fix
his upside-down mindset and correct his ass-backwards behavior moving forward. Thanks
in advance for your anticipated prompt punitive and corrective actions in this matter.
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.