TRUE DEMOCRACY SPRING 2001 TABLE OF CONTENTS
POLICE BRUTALITY
Texas Police Brutality
Part 6
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55) 2/21/2000
I, Brenda Bennett, had court in Royse Court because Officer Hall was
stalking my home and he chased me out of my driveway for about three
miles before pulling me over and giving me a speeding ticket even though I was not speeding.
56) 3/13/2000
I, Brenda Bennett, and Chip both had court in Royse Court
57) 3/25/2000
Officer Earl raged at me and knocked me down while tearing my shirt off
of me. I was bruised up and in an emotional stress with my blood pressure
pounding out my ears. I knew this time they would kill me, but I got away
and called 911 which Rockwall County Sherriff came in response. I told
the sheriff to arrest the cop and I wanted to press charges. They
refused to arrest him but made him leave my property. This sheriff
department is where the chief of police Thomasson's wife is employed and
they always conspire together.
58) 4/2000
My oldest son, Chad, left my home to go to work. The police were stalking
us again, of course, and observed my son leaving. Officer Pelton stopped
him on the next street over and gave him a DWI. Chad had just awakened
before leaving for work and did not drink at all before leaving my home.
I and many others went to the scene and observed these corrupt cops. The chief of police, Thomasson was there in his private vehicle off duty,
harassing my son. They then called Rockwall County Sheriff to arrest my
son. Later I learned from his lawyer that it was illegal for the sheriff
to arrest him. A DWI person has to be arrested by the officer that
stopped him.
59) 4/12/2000
Rockwall County Sheriff went out of their county (illegal) to Dallas
County and arrested my son, Chad, for these same false allegations from
Royse City police, that caused a blue warrant to be put on Chad. But even
though their was a blue warrant on my son, did not give them legal
authority to go to Dallas County and arrest him.
60) 4/2000
Chad's Parole Officer stated that Thomasson called him and told him that we are an awful family and all with long records, etc. The truth is we never had a record until Royse police placed so many false allegations on us.
61) 4/26/97
11:30 PM Royse police illegally impounded my Chevrolet Blazer. The police
made four people get out of my blazer and walk home because they said
they were impounding it because it had a SR-22 filed on it. SR-22 is a
legal insurance paper that is filed on vehicles. This was not a legal
reason to impound and sell a vehicle as they did.
62) 4/26/97
At about 2:30 AM, about 20 Royse City cops with Rockwall County Sheriff
deputies beat my door in to tell me that crime watch called them and said
my daughter and I were in my front yard with only panties and a Tshirt
on. I immediately slammed the door in their face and told them they had
sick minds and to get off my property.
63) 11/5/97
Royse court requested a business affadavid for the days Chanda was in the
hospital because the hospital record was not good enough for her court
absence. DPS legal department in Austin told me that the only way a court
can request a business affadavid is if it is needed to be used as a
witness in court.
64) 11/15/98
Royse busted door in without knocking because they were stalking us again
at church and observed my ex husband coming to my home to see our kids, and they arrested my ex husband for a misdemeanor after tearing my house to pieces and destroying my doors and walls.
65) 1997
My ex husband was given a ticket because one wheel of his trailer was touching my yard. I drove throughout the town and observed approximately 20 trailers that were totally parked on their yards and they are still parked in their yards today and they said they never received tickets.
66) 11/97
In Quinlin, Texas, Wood County probation officer, Larry Wilcox, called me
and told me that Royse City chief of police, Thomasson, keeps calling him
encouraging him to put a warrant out on my ex husband. My ex husband had been given a ticket in Winnsboro Texas in Wood County, for living on his very own inherited land and house from his parents, for trespassing. Without my ex husband's knowledge, his sister, Mary Bennett Fisher, had forged my ex husband's name and sold their inherited land.
67) 11/97
This was one of many times that I faxed leaders for help from this
conspiracy. This day I faxed letters to Texas Senator David Cain's office
in Greenville, Texas; his assistant Jeb Mainord spoke with me about it.
68) 9/21/99
Chip was writting Chip a ticket for "supposedly" having snuff in his
mouth but no one has ever seen any snuff. As the officer was writting the
ticket, he received a family violence call and had to leave.
69) 10/5/99
Officer was stalking me again at church. As I pulled out of my driveway,
Hall started his cop car and followed me. He stopped me about three miles
after following and gave me a speeding ticket. I was not speeding and I
told him so.
70) 10/14 thru 10/ 18
Police shined spotlights in our windows every night.
71) 10/15,99
Police went to Royse elementary and told Chip's friend's (Dustin Hix)
mother that Dustin has been writting e mails from Rustic Meadows sub
division (my sub division) to a boy at school. Dustin has never used my
computer or e mail.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MATTHEW BENNETT and BRENDA BENNETT
Plaintiffs,
V. CIVIL ACTION NO. 3:99-CV-0672-L
DANA THOMASON, BILL VEGAS, BETSY BROCKMAN, MELODY EAST, JUDY COTTER and ROYSE CITY, TEXAS
Defendants.
Plaintiff's FIRST AMENDED COMPLAINT AND JURY DEMAND
TO THE HONORABLE UNITED STATES DISTRICT JUDGE:
INTRODUCTION
1. This is a civil action based on the United States Constitution and the
common law for money damages. Plaintiffs have been denied rights
guaranteed to them by the United States Constitution. Because of the acts
and/or omissions of Defendants Royse City, Texas, Dana Thomason, Bill
Vegas, Betsy Brockman, Melody East, Judy Cotter and Royse City, Texas,
the Plaintiff's privacy was violated, their home was illegally entered,
the Plaintiffs were illegally detained, the Plaintiffs suffered injury
from an unlawful eviction, the Plaintiffs were deprived of property, the
Plaintiff's were deprived of the right to association and the Defendants
unlawfully interfered with the mother-son relationship.
JURISDICTION
2. Jurisdiction over this action exists by reason of the Fourth and
Fourteenth Amendments to the United States Constitution, and by virtue of
28 U.S.C. §§ 1331, 1343(3), 1343(4). Plaintiff's claims are procedurally
brought forth pursuant to 42 U.S.C. §§ 1983 and 1988.
VENUE
3. All of the Defendants reside in Rockwall County, Texas, within the
judicial district of this Court. Defendant, Royse City, Texas is located
within Rockwall County, Texas. Plaintiff's claims arose within the
judicial district of this Court.
PLAINTIFF
4. Plaintiff Matthew "Chip" Bennett is a citizen and resident of the United
States and the State of Texas and is presently seventeen (17) years of
age.
5. Plaintiff Brenda Bennett is a citizen and resident of the United
States and the State of Texas. Plaintiff Brenda Bennett is the mother of
Plaintiff Matthew Bennett and brings this suit on behalf of herself and
her son.
DEFENDANTS
6. At all relevant times herein Defendants Dana Thomason and Bill Vegas
were police officers employed by the City of Royse City, Texas. Dana
Thomason had been appointed by Royse City's Council as Police Chief. At
all times pertinent hereto, each individual Defendant acted under the
color of state laws and usage. Defendant Vegas is sued in his individual
capacity. Defendant Thomason is sued in his individual and official
capacity. The Royse City Council selected/appointed/delegated to Dana
Thomason all policy and employment decisions related to the operation of
the Royse City Police Department. By policy and/or custom, Defendant
Royse City, Texas failed to properly instruct its officers on the
procedures required by the Fourth Amendment in regard to the service of
warrants and on what constitutes probable cause for the seizure of
persons and/or seizure of property.
Defendant Thomason, on several occasions prior to the seizure of
Plaintiffs Matthew Bennett and Brenda Bennett, had demonstrated to Royse
City, Texas' policy makers that he was an unstable and incompetent police
official.
Defendant Thomason established policy for the Royse City Police
Department and purposely failed to remove Vegas and/or purposely failed
to correct Vegas' and other Royse City police officials demonstrated
deficiencies and/or incompetence. Prior to the illegal acts visited upon
the Plaintiffs, Defendant Royse City, Texas knew or should have known
that Defendants Thomason and Vegas were erratic and unstable persons who
were not capable of performing as police officers in conformance with the
Constitution.
Defendant Royse City, Texas has ratified Thomason's and Vegas' acts and
Royse City officials and policy makers have approved and ratified their
improper and illegal acts including illegal and malicious prosecutions,
illegal arrests, illegal searches, the illegal takings of the Plaintiff's
property and discrimination directed towards the Plaintiffs because of
their association with Afro-Americans. During the time both Thomason and
Vegas were working as police officers for Royce City, Texas, both
Thomason and Vegas demonstrated that they are unpredictable, prone to
make improper decisions to arrest and search, and they are erratic, and
prone to illegal acts, however, no official in the Royse City, Texas, has
removed either of them from duty. Rather, Royse City, Texas chose to
ignore and/or cover-up Defendant Thomason's and Defendant Vegas' improper acts.
7. Defendants Betsy Brockman, Melody East and Judy Cotter are employees
of the Texas Department of Human Services. At all material times herein
these individuals acted under color of law. These Defendants are sued in
their individual capacity.
FACTS AND CAUSES OF ACTION
8. Plaintiff Matthew Bennett was born on November 23, 1981. This
Plaintiff was born with several congenital birth defects. During his
first year of life Matthew Bennett was diagnosed with a bowel
malrotation. Surgery was performed and partial correction of the
malrotation was accomplished. During the surgery it was discovered that
Matthew Bennett's inferior vena cava was absent and that blood returned
to the heart via the hemiazygos vein. The inferior vena cava is a large
vein that returns blood from the lower body to the heart. (The absence of
the vena cava is a relatively difficult condition to diagnose and is one
that a physician may overlook in a routine medical examination. For this
reason, a physician would need to examine Matthew Bennett's extensive
medical records before rendering any sort of an opinion, as to his
medical health and/or status. The absence of an inferior vena cava means
that blood in the body of Plaintiff Matthew Bennett does not adequately
return to his heart, making it dangerous for him to become physically or
emotionally exerted. Discovery of the missing vena cava occurred during
surgery to correct another problem.) Other problems subsequent to the
malrotation developed and they were diagnosed as follows:
1) Duodenal obstruction from a portal vein with bile drainage directly
into the stomach;
2) Recurrent pneumonia;
3) Left vesicoureteral reflux;
4) Renal vascular hypertension;
5) Immobile Selye syndrome;
6) Kartagener's syndrome; and
7) Situs inversus with exclusion of the hears. On several occasions
Plaintiff Brenda Bennett has been informed by several treating physicians
that, due to his medical problems, Matthew Bennett's life is in constant
jeopardy. Plaintiff Matthew Bennett also suffered scarlet fever, strep
throat, mononucleosis and varicellar zoster infection. Later in life,
Plaintiff Matthew Bennett was discovered to have a mal-developed frontal
lobe in his brain. This condition caused a type of seizure that occurred
when Plaintiff Matthew Bennett was sleeping. Additionally, Plaintiff
Matthew Bennett developed a form of diabetes. As a result of these
problems and others, Plaintiff Matthew Bennett has spent the majority of
his life under the care of numerous physicians. His medical condition has
also necessitated numerous hospitalizations. As a result of these
conditions, etc. Plaintiff Brenda Bennett, mother of Plaintiff Matthew
Bennett, was forced to give up employment and devote herself to the
full-time care of her son, Matthew Bennett. Over the last seventeen years
Plaintiff Brenda Bennett, because of the necessity to lift her ever
growing son, has severely injured her back and she is now physically
disabled due to back injuries.
9. Because of the amount of time that Brenda Bennett has devoted to the
care of her son, Matthew Bennett, and because of a divorce from the
father of Matthew Bennett, Plaintiff Brenda Bennett has been rendered
financially destitute and she and her son Matthew are dependant on
charity and government benefits for survival. The Defendants are all
aware of the Plaintiff's financial difficulties and all of them
discriminate against the Plaintiffs because of their financial status and
all of the Defendants have acted against the Plaintiffs because they
believe that poor people cannot fight back and poor people, like the
Plaintiffs, cannot resist their illegal acts.
10. The Plaintiffs have also incurred the ire of the Royce City Police
Department and Defendant Thomason because the Plaintiffs have befriended
several black or Afro-American persons. On several occasions over the
last two years, members of the Royse City Police Department have informed
black persons visiting the Plaintiff's home in Royse City, Texas to not
visit the Plaintiff's home. In December, 1997, Defendant Thomason ordered
black children playing in the Plaintiff's yard to leave the Plaintiff's
home and get on "your side of Royse City." On numerous other occasions
black persons in the company of the Plaintiff Brenda Bennett's adult
daughter were detained and were caused to display their identification
and/or driver's license to members of the Royse City Police Department
including Defendant Thomason. Thomason and Royse City police officials
did these acts without any actual belief that any offense had been
committed or that they actually suspected criminal activity. The
requirement to display identification was not done to further some
legitimate police purpose but rather was done to intimidate the black
persons who had been or were to be guests at the Plaintiff's home.
11. From the time that the Plaintiff's became residents of Royse City,
Texas, they have resided at 701 Meadowdale. This home is located in the
same neighborhood and is very close to the home occupied by Defendant
Dana Thomason and Defendant Dana Thomason objects to the Plaintiffs
living near him. At all relevant times herein Royce City officials and
Defendant Thomason have sought to force the Plaintiffs to leave Royse
City, Texas. In order to carry this plan into effect, Defendant Thomason,
without adequate cause or suspicion, has required and/or encouraged
members of the Royse City Police Department to place the Plaintiff's home
under surveillance. In addition to surveillance conducted by members of
the Royse City Police Department, Thomason has encouraged his neighbors
who are in the Royse City Police Department's sponsored "Neighborhood
Watch Program" to place the Plaintiff's home under surveillance as well.
The result of Defendant Thomason's acts means that the Plaintiff's home
has been under police surveillance for the last several years. This has
occurred in spite of the fact that no criminal conduct has actually been
suspected and no crime has been committed other than some traffic
offenses.
12. On or about March 26, 1997 all of the Defendants agreed among
themselves, without probable cause, to remove Plaintiff Matthew Bennett
from the care of his mother. To accomplish this, Defendant Thomason
falsely told Defendants Brockman, East and Cotter that Matthew Bennett
was being mistreated by his mother, Plaintiff Brenda Bennett. Defendants
Brockman, East and Cotter, with the knowledge that they had no evidence
of any mistreatment of Matthew Bennett, filed a lawsuit against Brenda
Bennett based solely on speculation. In this lawsuit, Defendants
Brockman, East and Cotter falsely contended in a wholly conclusionary
fashion and without cause that Brenda Bennett was over protective of
Matthew Bennett and that in reality Matthew Bennett was not in the need
of any medical supervision or care and that Brockman, East and Cotter
should have parental control and supervision over Matthew Bennett. These
conclusions were false and were made wholly without a factual basis.
261.101 requires personal knowledge of the factual basis for bringing
suit.
None of the Defendants had any reasonable basis to believe that Matthew
Bennett was not in need of constant care and supervision. (During all
relevant periods of time herein, Plaintiff Brenda Bennett had in her
possession a copy of her son's (Matthew Bennett) hospital records from
Children's Medical Hospital located in Dallas, Texas. This hospital and
the physicians located therein have primarily cared for Matthew Bennett
for much of his life. The Plaintiff kept these records in her possession
so if any emergency situation developed, Brenda Bennett could brief any
emergency physician on the Plaintiff Matthew Bennett's status and/or
medical condition.
All of the Defendants were given, by Brenda Bennett, the opportunity to
examine these records but none of them until long after March 26, 1997
availed themselves of the opportunity to examine these materials and/or
recognize their significance.
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