Notice of complaint related to 2022-0398

OF
CLASS
STUPPING
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
May 20, 2022
ICMS #: 2022-0398
On May 19, 2022, the OPO received an online complaint.
The complainant alleges: On
at ap
,
I was wrongfully pulled over
by Austin Police Officers
Officer
and Officer
at GUN POINT BY OFFICERS. Ordered out of the vehicle that I was driving at
GUN POINT; I immediately informed the Officers, that I was Physically and mentally
Handicapped and that my walking cane was in the back seat, and I did not reach for it due
being pulled over and ordered out of the vehicle at GUN POINT in the Dark, as APD is
known for shooting people. I was denied access to my medical walking device for the entire
time extending from
till booking in the Travis County Jail at approximately
I was forced to stand the entire time without the use my Cane, in severe pain due to
my existing physical and neurological ADA disabilities. Which was a clear violation of my
Constitutional and Civil Rights as well as a clear violation of APD Policy and procedures,
via the APD Chief's Policy Manual, code of ethics and procedures. I was asked to blow
into the Officers PBT machine, as well as attempt a field sobriety test without the use of
my medical device. In fact, I was intentionally exploited and paraded in front of the other
Officers in Pain in a clear violation of my ADA rights, to gain an unfair advantage at the
Arrest for DWI as I was pulled over for a non-related issue, following too closely, I believe
is the legal term? The APD Policy Manual clearly states that violations of Civil rights and
Discrimination will not be accepted by Officers. Furthermore, that Officers are not to
attempt Field superiority test to people with physical disabilities. As you can clearly see
from the Videos on the Officers as well as the Police vehicles I was instructed and forced
to attempt the field superiority test. I also had conversations with the Officers pertaining to
my Handicap Licensed plate, and I explained that it was my Father's Truck who had been
buried that same day at his funeral and his plates were Disabled Veteran plates. And That
my Vehicle plates have been Physically handicapped for several years, and that I know that
information is in their systems. My Cane was actually listed in my Personal property at the
Travis County Jail. That being said, serves as an admission by the Officer of the Physical
impairment and acknowledgment of my ADA Handicap and Disability, and His intentional
violation of my rights, APD policy and his intentional cause of pain and suffering to me,
as well as a clear exploitation of my disabilities to gain an unfair advantage in his illegal
OF
CHILL
SUBTOTAL
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
and false arrest. As well as admission to the assault on a disabled and handicapped induvial.
Officer
sent false documentation to the Texas Department of Safety stating that
I refused to give a breath sample, when in his own Police Report
clearly
states that I gave a PTB breath sample despite its not admissible use as evidence in Court
of 0.110. I was requested to give a second breath sample after I had been forced to stand
and attempt the field sobriety test as well as be questioned and subjected to physical pain,
as a direct result of denial to the access of my ADA medical device cane. I said clearly that
I was not refusing to blow, however that I would give breath and blood at the police station,
as my left leg was hurting badly. The submission of contradicting sworn statements and
official Police Arrest Reports, makes by LAW both statements and the report TRUE and
UNTRUE, SO by LAW the evidence must be thrown out. As evidence and statements
cannot be used in a Court of Law, if conflicting in any way. So, both Criminal case
Travis County and Department of Public Safety ALR department
Case#
by law should be dismissed, due to the intentional Falsification of
Stated case facts of evidence by Officer
Furthermore, my left Tibia bone
fractured just 62 days later from this illegal arrest and violation of my constitutional and
ADA Civil rights. According to my Orthopedic Doctor
who wrote a letter for
me with his expert opinion, that an attempt at a field sobriety test would be impossible to
take and or pass, without the use of my cane. I also have Doctors letters proving that I have
triple nerve damage in my left leg, I have had over 5 surgeries to that left leg as well an
RH nerve burning and spinal tap nerve blocks. The left leg Tibial Plateau Fracture on
just 62 days later was documented by Dr
and he removed 20cc's of blood
from inside of the knee. The MRI, preformed at ARA on
shows the fracture
and damage, I feel was a direct result of the assault by Officer
on
by weaking the fluid sac that insulated the Tibia and Fabia bones from
direct contact with each other. I was simply walking across a parking lot with the use of
my cane, when the bones hit each other and fractured my left leg Tibia bone. I went to the
ER at
the next day on
I was placed in a full brace from the
Emergency Room visit, then later saw my Orthopedic specialist
at
who drained the knee of blood and later reviewed my MRI results. I
was placed on crutches for 6 weeks, no weight bearing on that leg. Our home was hit and
totaled by the Tornado on
and was declared a disaster zone by the Texas
Governor for
County.
We were
forced to pack up and leave the home, to a hotel for a week then move into a rental home,
as well as deal with the insurance companies etc. So that delayed my access to the internet
among many other things, SO that is why I am filing this complaint SO late. However, an
OF
GINE
CURRENT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
act GOD like a Tornado should suffice as an acceptable reason? I humbly request a full
investigation, into this clear case of Police Abuse of power and of abuse of a Handicapped
and Disabled citizen? Thank you for your time and attention, I will be happy to provide
any and all supporting documents and photographs I just lack the computer skills to upload
them to this complaint, if needed. I can send the documents by emal one at a time or by
mail or Fax, Have a wonderful Day.
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.