IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ANTONIO FRANCIS BUEHLER

VS PLAINTIFF CIVIL ACTION NO: 1:13-cv-01100 DEFENDANTS

CITY OF AUSTIN/AUSTIN POLICE DEPARTMENT; AUSTIN POLICE CHIEF ART ACEVEDO; AUSTIN POLICE OFFICER PATRIC OBORS I; AUSTIN POLICE OFFICER ROBERT SNIDER; AUSTIN POLICE OFFICER !USTIN BERRY; SER"EANT ADAM !OHNSON AND !OHN DOES A-# WHO ARE UN NOWN TO THE PLAINTIFF AT THIS TIME BUT ARE IN THE CHAIN OF COMMAND FOR THE AUSTIN POLICE DEPARTMENT COMPLAINT I$%&'()c%*'$

This civil action arises from the violation of Plaintiffs civil rights on or about January 1, 2012, August 26, 2012, and Se tember 21, 2012, in the !ity of Austin by the Austin Police "e artment# This action is brought ursuant to $2 %S! 1&'(, $2 %S! 1&'', the %nited States !onstitution, and the statutory and common la) of the State of Te*as# !)&*+(*c%*'$
1.

The +urisdiction of this !ourt is invo,ed ursuant to 2' %#S#!# Section 1((1, and Section 1($(# Also, the su lemental +urisdiction of this !ourt to hear claims arising under state la) is invo,ed ursuant to 2' %#S#!# Section 1(6-# .enue in this !ourt is a ro riate under 2' %#S#!# Section 1(&1/b0 and Section 1(&2# P,-*$%*..

2.

Plaintiff, Antonio 1rancis 2uehler, is an adult resident of the !ity of Austin, Te*as# D/./$(-$%+

3.

"efendant, !ity of Austin, Te*as, is a unit of local government in the State of Te*as#

4.

"efendant, Police !hief Art Acevedo, is and )as the !hief of Police for the !ity of Austin during the times set out in this com laint and is an adult resident of the !ity of Austin# "efendants, 3fficers Patric, 3bors,i, 4obert Snider, Justin 2erry, Adam Johnson are and )ere Police 3fficers for the !ity of Austin during the times set out in this com laint and are adult residents of the !ity of Austin# At all times and during all incidents relevant to this com laint, the "efendants )ere acting under color of la)# F-c%+

5.

6.

Civil Rights Violation on January 1, 2012

7.

3n January 1, 2012, Antonio 1rancis 2uehler )itnessed 3fficers Patric, 3bors,i and 4obert Snider engaged in a traffic sto in the ar,ing lot of the -511 on 6orth 7amar 2oulevard, Austin, Te*as# 8r# 2uehler )as the designated driver for his friend 8r# 8uno9 on 6e) :ears ;ve# 8r# 2uehler sto ed at the -511 to refuel his truc,# Just as 8r# 2uehler finished refueling his truc,, the assenger in the vehicle sto ed by the officers started screaming# 8r# 2uehler and 8r# 8uno9 ran to the bac, end of the truc, to see )hat )as ha ening# They sa) the assenger being yan,ed violently out of the truc, and ta,en to the ground by 3fficer Snider# 3fficer 3bors,i left the driver behind the car and ran u to +oin the assault on the assenger# <ithout ste ing more than a cou le of ste s a)ay from his truc,, 8r# 2uehler too, out his hone to ta,e ictures of the abuse by the officers# The assenger )as crying and a eared to be in e*cruciating ain and very frightened# 8r# 2uehler )as very concerned# <hen the assenger sa) 8r# 2uehler trying to ta,e ictures she screamed out as,ing him to lease record the incident# 8r# 2uehler as,ed the olice officers )hy they )ere abusing the )oman and told them to sto abusing her# The officers ignored 8r# 2uehler and escorted the assenger to)ard the furthest olice cruiser, still crying# =alf)ay bet)een 8r# 2uehler and the olice cruiser, 3fficer 3bors,i turned and began )al,ing to)ards 8r# 2uehler and 8r# 8uno9 aggressively# 3fficer 3bors,i demanded to ,no) )ho 8r# 2uehler thought he )as# 8r# 2uehler told 3fficer 3bors,i that he )as doing nothing )rong and that he )as allo)ed to ta,e hotos#

8.

9.

10.

11.

12.

13.

3fficer 3bors,i ,e t advancing to)ard 8r# 2uehler and as,ing him >uestions# 8r# 2uehler bac,ed u , ,e t his hands o en do)n his side and his alms to)ards 3fficer 3bors,i and reiterated to 3fficer 3bors,i that he )as )ithin his rights several times# 3fficer 3bors,i ushed 8r# 2uehler in the chest, shoving him around the side of the truc,# 1inally, 3fficer 3bors,i chuc,led, accused 8r# 2uehler of s itting on him, grabbed 8r# 2uehlers arm, and ut 8r# 2uehler into a cho,e hold# =e then forced 8r# 2uehler to the ground# 3fficer Snider ran u and ut 8r# 2uehlers left arm in an arm loc,, and began to a ly ressure to the elbo) as if he )ere trying to dislocate it# 3ther un,no)n officers arrived on the scene# 3ne of the other officers began to harass 8r# 2uehler claiming he had seen 8r# 2uehler around to)n, eventually telling 8r# 2uehler that he sa) him march in the .eterans "ay Parade for 3ccu y# 8r# 2uehler did march in the .eterans "ay Parade? ho)ever, it )as because he is an @ra>i )ar veteran )ho no) o oses )ar# 8r# 2uehler )as then )rongfully arrested, )rongfully detained in +ail, and )rongfully rosecuted# 8r# 2uehler filed a com laint )ith Austin Police "e artment @nternal Affairs# The "e artment determined that the officers did nothing )rong )hen they violated 8r# 2uehlerAs civil rights# 6o action )as ta,en by the Austin Police "e artment or !hief of Police Art Acevedo to remedy the violation of 8r# 2uehlerAs civil rights on January 1, 2012#

14.

15.

16.

17.

18.

Formation of Peaceful Streets

19.

8r# 2uehler )as horrified by )hat he had seen officers do to an innocent )oman and )hat they did to him sim ly because he hotogra hed their conduct and verbali9ed his concern about their conduct# As a result, 8r# 2uehler along )ith several other members of the community formed the Peaceful Streets Pro+ect# The 8ission of the Peaceful Streets Pro+ect is BThrough community organi9ing, engaging in non5 olitical and non5violent direct action tactics, and utili9ing ne) technologies, the Peaceful Streets Pro+ect see,s to bring about a cultural shift )here individuals understand their rights and hold la) enforcement officials accountable, and communities rotect and serve each other#C eacefulstreets#com# The Peaceful Streets Pro+ect embar,ed on a cam aign to ma,e citi9ens a)are of their rights and to rovide a hysical resence on the streets, routinely video5ta ing officer conduct in order to revent and document olice brutality#

20.

21.

22.

2ased u on )ords and conduct of officers, it is believed that subse>uent violations of 8r# 2uehlerAs civil rights occurred in retaliation for the formation of an organi9ation that em o)ers citi9ens to ,no) their civil rights, to ta,e action to secure their o)n safety and therefore to control their o)n destiny#

Civil Rights Violation on August 26, 2012

23.

"es ite the fact that the Austin Police "e artment and !hief of Police Art Acevedo )ere a)are of the civil rights violation and because they too, no action to remedy the violation, the same violation of civil rights ha ened again# 3n August 26, 2012, )hile )ith three other members of the Peaceful Street Pro+ect on 6th Street near Sabine Street, Austin, Te*as, 8r# 2uehler observed a young man being detained after a dis ute )ith his girlfriend# After arresting the man, olice officers began )al,ing the man to)ards the 6 th Street station# 8r# 2uehler )as greeted by name by one of the olice officers that assed by him# 8r# 2uehler filmed the olice officers# 3fficer Justin 2erry a roached 8r# 2uehler and only 8r# 2uehler and yelled at 8r# 2uehler to bac, u # 3fficer 2erry then arrested 8r# 2uehler for @nterference )ith Public "uties# 8r# 2uehler filed a com laint )ith the Austin Police "e artment @nternal Affairs from )hich @nternal Affairs too, no action to remedy the civil rights violation#

24.

25.

26.

27.

Civil Rights Violation of Se tem!er 21, 2012

28.

Again, des ite the fact the Austin Police "e artment and !hief of Police Art Acevedo )ere a)are of these civil rights violations and because they too, no action, the same violation ha ened yet again# 3n Se tember 21, 2012 )hile traveling on <est 6 th Street, 8r# 2uehler observed a traffic sto # 8r# 2uehler )as traveling )ith other members of the Peaceful Streets ro+ect# 3nce 8r# 2uehler noticed the traffic sto he ulled over a)ay from the incident and e*ited the car# <hile about (0 feet a)ay from the sto ed car, 3fficer 3bors,i instructed 8r# 2uehler over a louds ea,er B8r# 2uehler bac, u , bac, u , bac, u DC ;ven though )ithin his !onstitutional rights to be filming the traffic sto , 8r# 2uehler com lied )ith 3fficer 3bors,is re>uest and bac,ed u about 10 to 1E feet# <hile 8r# 2uehler )as bac,ing u he as,ed ho) far he should bac, u and 3fficer 3bors,i yelled B%ntil @ say sto DC

29.

30.

31.

About &0 seconds later, 8r# 2uehler and the other members that )ere )ith him observed another olice cruiser ull u to the rear of 3fficer 3bors,is vehicle# 8r# 2uehler recogni9ed the olice officer as Sergeant Adam Johnson, )ho had reviously harassed members of the Peaceful Street Pro+ect that same night, and on other occasions rior to that night# !ontravening 3fficer 3bors,iAs re>uest that the observers move bac,, Sergeant Johnson told 8r# 2uehler and the others to move to)ards the rear of the traffic sto # 2y this time, 3bors,i had ulled the female sus ect out of the car and )as interrogating her on the side)al,, in bet)een 8r# 2uehler and the rest of the members that )ere )ith him# 8r# 2uehler believed that Sergeant Johnson )as trying to tric, them into )al,ing to)ards 3fficer 3bors,i, )ho reviously assaulted 8r# 2uehler and arrested him for crimes he did not commit# 1earing for his safety and his liberty, 8r# 2uehler began to slo)ly bac, u , )al,ing bac,)ards, and as,ing Sergeant Johnson ho) far they needed to bac, a)ay from the scene in order to be free to document the actions of 3fficer Patric, 3bors,i# Sergeant Johnson ,e t saying that their only o tion )as to move to)ard and ast 3fficer 3bors,i, and that bac,ing u any distance )as not going to be sufficient# After bac,ing u an estimated '0 to 100 feet a)ay from the traffic sto , Sergeant Johnson informed 8r# 2uehler that either he moved to)ard and ast )here 3fficer 3bors,i )as standing or +ust leave# Sergeant Johnson then grabbed 8r# 2uehlers arm, handcuffed him and informed him he )as under arrest +ust as 8r# 2uehler told Sergeant Johnson that he )as leaving# 8r# 2uehler )as arrested and charged )ith @nterference )ith Public "uties for filming an arrest by Sergeant Adam Johnson and for not )al,ing to)ards 3fficer Patric, 3bors,i )ho )as conducting a field sobriety test on a detained driver# 8r# 2uehler re eatedly as,ed Sergeant Johnson )hy he )as being arrested des ite having committed no crime# Sergeant Johnson refused to ans)er him# Sarah "ic,erson )as filming the arrest but )as also arrested and she had her camera confiscated# 8r# 2uehler also filmed the incident but his camera )as also confiscated# 8r# 2uehler filed an @nternal Affairs com laint )ith the Austin Police "e artment from )hich @nternal Affairs too, no action to remedy the civil rights violation#

32.

33.

34.

35.

36.

37.

38.

39.

40.

L*-0*,*%1
41.

The !hief of Police of the Austin Police "e artment and the ersons em loyed )ithin the chain of command )ith the Austin Police "e artment )ere involved directly or indirectly in the violation of Antonio 1rancis 2uehlers civil rights# All of the above described actions andFor inaction )ere underta,en ursuant to the direction andFor su ervision of the !hief of Police of the Austin Police "e artment and un,no)n defendants )ithin his chain of command# These ersons )ere res onsible for all training and su ervision of the individual members of the Austin Police "e artment )hose conduct resulted in the violation of Antonio 1rancis 2uehlers civil rights#

42.

Failure to "sta!lish Policy

43.

The !hief of Police of the Austin Police "e artment and ersons em loyed )ithin the chain of command )ith the Austin Police "e artment are res onsible for establishing the "e artmental olicies, rules, regulations, ordinances, and rocedures under )hich the !hief and each and every one of his em loyees must act# % on information and belief, at all times relevant to this !om laint, there )as no olicy, rule, regulation, ordinance or rocedure addressing ho) Austin olice officers should roceed )hen a rivate citi9en records their conduct# The lac, of established olicies, rules, regulations, and rocedures caused the !ivil 4ights violations and State tort violations that occurred in this matter# 3n information and belief, the olicy ma,ers )ith !ity of AustinFAustin Police "e artment ,ne) or should have ,no)n that the lac, of olicy, rule, regulation or rocedure )ould cause this ty e civil rights violation# S ecifically, !hief of Police Art Acevedo became a)are of the January 1 incident shortly after it occurred# !hief Acevedo assured 8r# 2uehler that a ro er investigation )ould be accom lished# "es ite this ersonal ,no)ledge and ersonal assurances, the civil rights violations continued# !hief of Police Art Acevedo had ersonal ,no)ledge of each of the civil rights violations alleged in this !om laint#

44.

45.

46.

47.

Failure to train#failure to su ervise

48.

Alternatively, the !hief of Police of the Austin Police "e artment and ersons )ithin the chain of command )ho are un,no)n at this time failed to ro erly train regarding and su ervise the enforcement of established rules, regulations and rocedures#

49.

@n addition, these ersons failed to disci line, re rimand, or correct the em loyees )hose conduct resulted in the violation of Antonio 1rancis 2uehlers civil rights# The "efendants are liable for violations of Antonio 1rancis 2uehlerAs !ivil 4ights that occurred on January 1, 2012, August 26, 2012, and Se tember 21, 2012, as they )illfully, )antonly, or rec,lessly failed to ro erly train and su ervise the individual em loyees )hose conduct resulted in the violation of Antonio 1rancis 2uehlers civil rights# Said ine t training and su ervision )as a direct and ro*imate cause of the !ivil 4ights .iolations and State tort violations and conse>uential damages suffered by 8r# Antonio 2uehler# The !ity of AustinFAustin Police "e artment and !hief of Police Art Acevedo ,ne) or should have ,no)n that the failure to train andFor failure to su ervise officers about citi9ens civil rights )ould cause this ty e civil rights violation#

50.

51.

52.

Ratification
53.

The violations of 8r# 2uehlerAs civil rights by individual olice officers em loyed by the Austin Police "e artment )ere ratified by the Austin Police "e artment and !hief of Police Art Acevedo# The Austin Police "e artment and !hief of Police Art Acevedo ,ne) of each of these violations, e*amined each of the violations ursuant to !om laints filed by 8r# 2uehler, and yet too, no action to remedy the violations or to revent further civil rights violations from occurring# As a result of the ratification of the individual officersA actions by the !ity of AustinFAustin Police "e artment and the !hief of Police, the !ity of AustinFAustin Police "e artment and !hief of Police Art Acevedo are liable for the violations of Antonio 2uehlerAs civil rights and state tort violations on January 1, 2012, August 26, 2012, and Se tember 21, 2012# D-2-3/+

54.

55.

56.

8r# Antonio 2uehler suffered loss of liberty, mental anguish, hysical and emotional in+uries, ain and suffering, lost )ages, lost business otential, embarrassment, humiliation, shame, indignity, damages to his re utation, and s ecial damages he incurred or )ill incur, including but not limited to ast resent and future lost )ages, legal fees and legal e* enses# P)$*%*v/ D-2-3/+

57.

All individuals sued are liable for unitive damages as they )ere consciously indifferent to the laintiffs constitutional rights# V*',-%*'$+ -- F/(/&-, L-4 56 U7C7S7 G 1893

58.

3n the occasion of each above described incident, "efendants violated 8r# 2uehlers 1ourth Amendment and 1ourteenth Amendment rights )hen "efendants detained 8r# 2uehler )ithout robable cause or reasonable sus icion and arrested him, and searched him, used e*cessive force against him causing him in+uries and then continued their false rosecution of 8r# 2uehler )ithout robable cause# 3n the occasion of each above described incident, "efendants violated 8r# 2uehlers 1irst Amendment and 1ourteenth Amendment rights )hen they interfered )ith his efforts to e*ercise those first amendment rights# The "efendants )illfully and )antonly de rived 8r# Antonio 2uehler of his constitutionally rotected civil rights afforded to him by the !onstitution of the %nited States of America and the 1irst Amendment, 1ourth Amendment, 1ifth Amendment and 1ourteenth Amendment and the !onstitution of the State of Te*as, by cons iring to andFor engaging in conduct )hich caused, encouraged, and continued violations of 8r# Antonio 2uehlers civil rights# "efendants are liable for these civil rights violations ursuant to $2 %#S#!# 1&'(# As the direct and ro*imate result of the herein described )rongful conduct of "efendants, Antonio 1rancis 2uehler has been de rived of his constitutionally rotected !ivil 4ights afforded to him by the !onstitution of the %nited States of America and in the 1irst Amendment, 1ourth Amendment, 1ifth Amendment and 1ourteenth Amendment and the !onstitution of the State of Te*as# All of these !onstitutional rotections )ere ta,en from Plaintiff by "efendants gross disregard for the la) and gross disregard for the %nited States !onstitution and the !onstitution of the State of Te*as )hile "efendants )ere acting under color of authority and la)# V*',-%*'$+ G S%-%/ L-4

59.

60.

61.

62.

The actions of "efendants violated the rights of the Plaintiff under the statutory and tort la) of the State of Te*as# R/,*/.

@n light of the foregoing, the Plaintiff re>uests Judgment against "efendants, +ointly and severally as follo)sH
1.

!om ensatory damages from the "efendants, in an amount to be determined by the trier of fact?

2.

Punitive damages from the "efendants, in an amount to be determined by the trier of fact? Pre5+udgment and ost5+udgment interest? 4easonable costs and attorneysA fees? and All such other relief to )hich the laintiff is entitled#

3. 4. 5.

4;SP;!T1%77: S%28@TT;", A6T36@3 14A6!@S 2%;=7;4 2yH GGGGF sF "a hne Pattison Silverman "a hne Pattison Silverman "a hne Pattison Silverman Silverman 7a) Irou E01 6 @= (E Austin, Te*as -'-02 Phone E125$'E5(00( 1a* E125E&-516E' TJ 2ar 6oH 06-(&EE0