Professional Documents
Culture Documents
AVI S. ADELMAN,
Plaintiff,
v. CIVIL ACTION NO. 3:16-cv-2579
DALLAS AREA RAPID TRANSIT and
STEPHANIE BRANCH, individually and in
her official capacity as a Dallas Area Rapid
Transit Police Officer,
Defendants.
APP. 1
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Respectfully submitted,
CERTIFICATE OF SERVICE
The undersigned certifies that, on September 15, 2017, the foregoing document
was submitted to the clerk of the U.S. District Court, Northern District of Texas, using
the electronic case filing system (CM/ECF) of the court. I certify that the document was
served on all known counsel of record electronically as authorized by Federal Rule of
Civil Procedure 5(b)(2).
s/ Tyler J. Bexley
APP. 2
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AVIS. ADELMAN,
Plaintiff,
v. CIVIL ACTION NO. 3:16-cv-2579
DALLAS AREA RAPID TRANSIT and
STEPHANIE BRANCH, individually and in
her official capacity as a Dallas Area Rapid
Transit Police Officer,
Defendants.
contained in this declaration, which are true and correct, and if sworn as a witness, I
could and would testify competently thereto. My knowledge of the information in this
personal involvement as the individual arrested and jailed by Officer Stephanie Branch
and Dallas Area Rapid Transit (DART); and (c) my review of documents, photographs,
photographs of crime scenes, accidents, and medical scenes. I often use these photographs
on my own websites, blogs, and social media accounts. I have also sold or given my
photographs to other media outlets, including WFAA News8, CBS11, Fox 4 News, the
APP. 3
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during which time I have held a Secret Service clearance, a Dallas Police Department press
(NPPA) and the Society of Professional Journalists (SPJ). The NPPA is an advocacy group
dedicated to the advancement of visual journalism in all news media. The SPJ is a broad-
and high standards of ethical behavior. In October 2014, I worked with NPPA to
organize the first "Right to Photograph and Record in Public" program in Texas. Nearly
200 North Texas law enforcement officers attended this free program (DART declined an
invitation to attend). I also provided support for a similar program held in September
2015 in Pasadena, Texas, where more than 200 South Texas law enforcement officers
information about this NPPA program on a nationwide basis. In January 2016, I was
sitting alongside the former Houston Police Chief and several prominent attorneys and
media professionals.
as well as my freelance photography work, I regularly monitor the police scanner to stay
APP. 4
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6. At around 8:00 p.m. on February 9, 2016, I heard a call for Dallas Fire-
Plaza. I decided to go to the scene to see what was happening and, potentially, to take
photographs. When I arrived at Rosa Parks Plaza, I noticed a man lying on the ground
and being attended to by DFR paramedics. Given the K2 epidemic that had been in the
news recently, I believed that this medical scene might be of public interest, so I began to
take photographs. A true and correct copy of one of the first photographs I took is
attached hereto as Exhibit A and accurately depicts the scene shortly after I arrived at
police officer noticed me taking photographs and appeared to be agitated. I would later
learn that this was Officer Stephanie Branch. A true and correct copy of a photograph
that I took depicting when Officer Branch first noticed me is attached hereto as Exhibit B.
herself between me and the medical scene in a way that seemed like she was trying to
block me from taking photographs. Even though I knew that I had a right to be taking
photographs, I did not start a confrontation with Officer Branch, instead trying to
reposition myself so that I could continue photographing without obstruction. But each
time I relocated, Officer Branch would move to obstruct my ability to take photographs.
APP. 5
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A true and correct copy of a video clip depicting Officer Branch's obstructive actions is
9. During the entire time that I was photographing, I remained several feet
away from the medical scene and made sure not to interfere with the paramedics or police
officers. Other than Officer Branch, no other police or emergency personnel seemed
10. After several minutes of trying to obstruct my view and also talking on her
cell phone and radio, Officer Branch approached me and demanded that I stop taking
photographs. She confronted me, without any provocation from me, and her first words
to me were, "Sir leave," apparently directing me to leave Rosa Parks Plaza. She
Plaza, and told me that I could not take photographs. She also insisted that I was not
allowed to photograph a medical scene, but I knew that the Health Insurance Portability
and Accountability Act (HIPPA) did not prohibit photography of medical treatment in a
public place. In addition, based on my experience with NPPA and training programs on
the right to photograph, I knew that I had a constitutional right to take photographs of
medical and police activity in a public space. I informed Officer Branch that I knew my
rights and that I was not required to leave or to stop taking photographs.
11. Officer Branch ignored these rights and told me that she was detaining me
less than five minutes after she first approached me to demand that I stop taking
photographs. She then informed me that she was arresting me for criminal trespass. At
that time, Officer Branch placed me in double-lock handcuffs and put me in a squad car.
APP. 6
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I was then transported to Lew Sterrett Justice Center, where I was placed in the general
jail population. I was not release until the following morning, when I posted bond. I
spent over 20 hours in custody in Lew Sterrett. Before this incident, I had no criminal
record and had never been jailed, arrested, or cited for any offense other than minor
traffic violations.
I declare under the penalty of pequry that the statements included m this
A VI S. ADELMAN
APP. 7
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EXHIBIT A
APP. 8
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APP. 9
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EXHIBIT B
APP. 10
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APP. 11
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EXHIBIT C
Video file (ASA-001149) submitted by envelope
APP. 12
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1
Stephanie Branch - May 3, 2017
6 8
1 PROCEEDINGS 1 for ten years. Did you have a different position with
2 (Media 1.) 2 DART before that?
3 THE VIDEOGRAPHER: This marks the 3 A. Yes.
4 beginning of media 1, Volume 1, in the deposition of 4 Q. What position was that?
5 Stephanie Branch in her individual capacity. This 5 A. Fare enforcement officer.
6 deposition is being taken on behalf of the plaintiff 6 Q. What is a fare enforcement officer?
7 in the matter of Avi S. Adelman versus Dallas Area 7 A. You check fare on the trains.
8 Rapid Transit, et al, in the DART offices at 1401 8 Q. Is a fare enforcement officer a certified
9 Pacific Avenue in Dallas, Texas, on Wednesday, May 9 peace officer?
10 3rd, 2017. 10 A. No, sir.
11 I'm the videographer, Kathy Bentley, and 11 Q. As a Dallas Area Rapid Transit police
12 the court reporter is Kim Dickman, and we're with 12 officer, you are a certified police officer, correct?
13 Dickman Davenport of Dallas, Texas. 13 A. Yes.
14 We're now going on the record. The time 14 Q. And, again, as in the last deposition, I'll
15 is now 10:38 a.m. 15 refer to Dallas Area Rapid Transit as DART if that's
16 Will counsel please state their 16 all right with you. Is that okay?
17 appearances for the video record along with any 17 A. Yes.
18 agreements or stipulations and then the court reporter 18 Q. So how long were you a fare enforcement
19 will then swear in the witness. 19 officer for DART?
20 MR. BEXLEY: Tyler Bexley for the 20 A. A year and I think five months.
21 plaintiff, Avi Adelman, and with me is Mr. Adelman. 21 Q. Okay. So that, if I'm -- if I'm doing my
22 MS. BISHKIN: Jane Bishkin, attorney for 22 math right, takes us back to about 2005 or 2006 when
23 defendant Stephanie Branch. 23 you started?
24 MR. GAMEZ: Gene Gamez for Dallas Area 24 A. Yes.
25 Rapid Transit, and, again, we would like 30 days for 25 Q. What did you do prior to 2005 or '6 when you
7 9
1 review and signature. 1 joined DART as a fare enforcement officer?
2 MR. BEXLEY: Agreed. By the Rules 2 A. I worked at Dallas Independent School
3 otherwise? 3 District.
4 MS. BISHKIN: Agreed. 4 Q. What did you do for DISD?
5 STEPHANIE D. BRANCH, 5 A. Para transit officer.
6 having been first duly sworn, testified as follows: 6 Q. What's a para --
7 EXAMINATION 7 A. I mean para professional officer.
8 BY MR. BEXLEY: 8 Q. What -- say again.
9 Q. Will you please state your full name for the 9 A. I was a school liaison where I worked in the
10 record? 10 schools as security.
11 A. Stephanie Diane Branch. 11 Q. Essentially a -- a security guard in schools;
12 Q. Sorry if this feels like deja vu, but because 12 is that fair?
13 this is a separate transcript, I'm going to go through 13 A. Yes.
14 some of the preliminaries again that I did before. 14 Q. Is that a certified peace officer?
15 How are you employed, Officer Branch? 15 A. No, sir.
16 A. Dallas Area Rapid Transit police officer. 16 Q. DISD has its own police force, correct?
17 Q. And how long have you been a Dallas Area 17 A. Yes.
18 Rapid Transit police officer? 18 Q. What's the difference between the position
19 A. Around ten years. 19 that you held on the DISD police force?
20 Q. Now, a moment ago we went through some of the 20 A. It wasn't a certified peace officer. It was
21 deposition rules that still apply here, and you 21 a security guard.
22 understand you're still under oath as if testifying in 22 Q. How long did you hold that position at DISD?
23 a court of law? 23 A. Not long. I don't remember.
24 A. Yes. 24 Q. Less than a year?
25 Q. You said you've been a DART police officer 25 A. Yes.
78 80
1 free of being photographed while getting medical 1 Q. Can't see his injury, an injury on him,
2 attention? 2 correct?
3 A. I -- I assumed he had, you know, a right to 3 A. It's really dark.
4 some privacy while he's getting medical attention. 4 Q. Okay. How about in 35? It's a little better
5 Q. Do you have any training on medical whether 5 view in that one. What about this photograph would
6 someone has a right to privacy while receiving medical 6 you say violates his personal dignity or privacy or
7 attention in a public space? 7 right to receive medical treatment?
8 A. No, I don't, sir; just going by my moral 8 A. It -- sir, it's just -- look how he's holding
9 compass. 9 his hands, it's -- it's so deplorable, he's -- he's
10 Q. Okay. Do you have any training on HIPAA and 10 getting help. He's -- you know, he's out of his wits.
11 how it applies to photography in public spaces? 11 They're trying to help him. I don't know what's going
12 A. No, I don't. 12 on, you know, as I look at it. I wasn't paying
13 Q. So this was just sort of your intuition on 13 attention when -- because I was on the phone. But as
14 what you believed might be right? 14 I look at it now, he looks so sad, you know, so
15 A. Yes, sir. 15 lonesome.
16 Q. And you know now that it's not, correct? 16 Q. Is that it? Anything else about his rights
17 A. Yes, indeed. 17 that you believe are being violated in this picture?
18 Q. You know that a person who is receiving 18 A. I mean, somebody, you know...
19 medical treatment in public can be photographed? 19 Q. Is it the way he's holding his hands? Is
20 A. Yes, that's sad, but yes. 20 that what makes you --
21 Q. You've read newspapers before, I'm sure, 21 A. He just looks hurt, you know. He looks like,
22 correct? 22 you know, someone should just protect him. You know,
23 A. Yes. 23 they're -- they're surrounding him to give him
24 Q. Seen and watched the news before? 24 protection, to -- to give him some type of help.
25 A. Yes. 25 Q. I thought they were surrounding him to treat
79 81
1 Q. You've seen photos and video of injuries and 1 him?
2 crime scenes and things like that before on the news, 2 A. Isn't that the same thing?
3 correct? 3 Q. Well --
4 A. Not so harsh as, you know -- yes, I have, but 4 A. Help.
5 they're always hardened to see. 5 Q. Are you saying they're surrounding him to
6 Q. Well, I understand, yeah, they can be very 6 block him from being photographed or to provide
7 difficult to see, but as of this date, you had 7 medical treatment?
8 certainly seen news stories or photographs in 8 A. To get close to give him medical treatment.
9 newspapers of people at crime scenes or medical 9 Q. That's -- that was my understanding, just
10 scenes, correct? 10 making sure.
11 A. But they're always photographed with some 11 Did this gentleman who is laying on the
12 type of integrity, they're covered, they're -- you 12 ground here, did he ever tell you to provide him with
13 know, they're preserved, their dignity is preserved. 13 privacy or that he didn't want to be photographed?
14 MR. BEXLEY: Yeah, I'm going to object as 14 A. I -- I wasn't talking to him. I was dealing
15 nonresponsive. 15 with Mr. Adelman.
16 Q. (By Mr. Bexley) You, prior to this date of 16 Q. Is that -- that's a no?
17 the arrest, had seen news broadcasts or read newspaper 17 A. No.
18 articles in which you saw photos or videos of people 18 Q. After the fact did he ever say, hey, thank
19 receiving medical treatment at a crime scene, correct? 19 you, I'm really glad, I was offended that someone was
20 A. Yes. 20 taking pictures of me?
21 Q. Now, will you look with me at Exhibit 33? 21 A. I was still dealing with Mr. Adelman. No.
22 What about this gentleman who's sitting on the ground 22 Q. Have you spoken with him since this incidence
23 facing backwards away from the camera, what about this 23 occurred, this gentleman?
24 photograph is violating his personal dignity? 24 A. No.
25 A. Nothing as of now. 25 Q. Do you -- do you know who he is --
90 92
1 A. Well, I was trying to have a happy medium 1 When you're arresting someone, you're
2 with Mr. Adelman. I was trying to be professional 2 arresting them for criminal charges.
3 with him and just ask him to get back, just -- just 3 Q. Okay. So at the point where you said, "I'm
4 get -- get back. It's -- he can take pictures. I 4 detaining you," Mr. Adelman was still free to leave at
5 had a lot -- it was that he was being overwhelming, 5 that point?
6 just yelling and screaming to being disorderly, you 6 A. Yes. I hadn't had -- he wasn't in handcuffs
7 know. I just wanted him to move back. 7 or anything like that.
8 Q. You thought he was interfering with the 8 Q. Okay. Well, then the next statement he asks,
9 medical treatment? 9 "Are you arresting me?" And then you respond, "Cause
10 A. Yes. 10 I asked you to leave...you're refusing to give me
11 Q. Why didn't you cite him for that? 11 identification."
12 A. Why didn't I cite him for -- 12 Do you see that?
13 Q. Interfering with a public servant, that's a 13 A. Uh-huh.
14 charge, isn't it? 14 Q. You -- is that a yes?
15 A. Yes, it is. 15 A. Yes.
16 Q. Why didn't you cite him for that? 16 Q. You didn't say yes or no to are you arresting
17 A. That wasn't on my mind at the -- at that 17 me here, right?
18 point. 18 A. Because he's fighting me then.
19 Q. So because that wouldn't have been 19 Q. How is he fighting you?
20 supportable when DFR says they never told him 20 A. You can see I'm saying, stop, stop, stop.
21 anything? 21 Q. Okay. Well, let me be clear, because you
22 A. No. 22 said he could leave when you said -- when you just had
23 Q. Turns out the criminal trespass charge wasn't 23 him detained and so now you're saying --
24 supportable either, correct? 24 A. He's refusing to leave.
25 MR. GAMEZ: Objection, speculation. 25 Q. Okay. Well, let me be clear. So you say,
91 93
1 A. It was dismissed. 1 stop, stop, stop about what, about him trying to leave
2 Q. (By Mr. Bexley) Do you know why it was 2 or about -- what's he doing that you're telling him to
3 dismissed? 3 stop at this point?
4 MS. BISHKIN: Objection, speculation. 4 A. He coming towards me. He started coming
5 Answer if you can. 5 towards me.
6 A. No. 6 Q. Okay.
7 Q. (By Mr. Bexley) Lack of evidence, lack of 7 A. If he would -- he said he's leaving, you
8 probable cause? 8 know, a couple things, he said he's leaving, if we go
9 MS. BISHKIN: Objection, speculation. 9 back, he said he's leaving, he's done, but then he
10 Q. (By Mr. Bexley) Does that sound right? 10 turns around and he comes back at me, and I'm like,
11 MS. BISHKIN: You can answer. 11 stop, stop, stop.
12 A. Yes. 12 Q. Okay. At what point did you decide to arrest
13 Q. (By Mr. Bexley) On page 3, couple lines 13 him then?
14 down, Mr. Adelman says, "Are you detaining me?" And 14 A. I arrested him when the sergeant got there --
15 you say, "I'm detaining you." 15 Q. Which?
16 Do you see that? 16 A. -- when I told the Sergeant Hutch --
17 A. Yes. 17 Hutchinson, Homer Hutchinson.
18 Q. At this point, you had made the decision to 18 Q. Did Homer Hutchinson approve the arrest of
19 arrest Mr. Adelman? 19 Mr. Adelman?
20 A. I was detaining Mr. Adelman. I wasn't 20 A. Homer Hutchinson talked to -- yes, he did.
21 arresting him. 21 Q. On what grounds?
22 Q. What's the difference? 22 A. On the grounds that he was criminally
23 A. Detaining is when you can -- you can detain 23 trespass, he was actually -- he was violating a Code
24 someone, you can just detain them for -- for 24 of Conduct.
25 investigation purposes and then you're free to go. 25 Q. Who provided the information to Sergeant
102 104
1 They've already dropped it. 1 Q. Isn't it true that the reason you first
2 Q. As you sit here today, Officer Branch, do you 2 contacted Avi Adelman was due to him taking pictures?
3 disagree with DART's decision to drop the criminal 3 A. He was walking towards us. He had a camera,
4 trespass charge? 4 and I was -- you know, the policy states that I can
5 A. I don't know. 5 investigate, I can initiate a contact.
6 Q. You don't have an opinion one way or the 6 Q. Okay. I'm going to hand you -- if you'll
7 other on that? 7 flip in there to a document that's previously marked
8 A. No. 8 as Exhibit 25, so it will be behind tab 25. This is a
9 MR. BEXLEY: Do you-all want to break now 9 document dated February 12th, 2016 from Chief James
10 or otherwise I've got about an hour or more or two 10 Spiller. So that's four -- or three days after you
11 hours of the next topic? 11 arrested Mr. Adelman, correct?
12 MS. BISHKIN: Maybe we should break for 12 A. Uh-huh.
13 lunch. 13 Q. Is that a yes?
14 MR. GAMEZ: Yeah, let's do a short break. 14 A. Yes.
15 MR. BEXLEY: Okay. 15 Q. Chief Spiller is the head of the DART police
16 THE VIDEOGRAPHER: We're now going off 16 force?
17 the record. The time is now 12:41. 17 A. He's the chief.
18 (Recess 12:41-1:36.) 18 Q. He's your ultimate boss?
19 THE VIDEOGRAPHER: We're now going back 19 A. Yes.
20 on the record. The time is now 1:36. 20 Q. Okay. And the subject of this is Avi Adelman
21 Q. (By Mr. Bexley) Officer Branch, before we 21 arrest - Officer Stephanie Branch. Do you see that --
22 took a break for lunch, we talked about you charging 22 A. Uh-huh.
23 Mr. Adelman with criminal trespass, correct? 23 Q. -- under subject? Yes?
24 A. Yes. 24 A. Yes.
25 Q. If someone were to walk across the plaza to 25 Q. And you -- Mr. Spiller writes, I am directing
103 105
1 go to -- across Rosa Parks Plaza to go to one of the 1 an investigation into the arrest of Avi Adelman by
2 shops over there close to the Rosa Parks Plaza, would 2 Officer Stephanie Branch on February 9th, 2016 for
3 that be a criminal trespass if they didn't have a DART 3 possible violations of department guidance on
4 fare pass? 4 photography by persons in public areas.
5 MS. BISHKIN: Objection, speculation. 5 Do you see that?
6 You can answer. 6 A. Yes.
7 A. No, it's not DART property. 7 Q. Then he -- after that he writes, on February
8 Q. (By Mr. Bexley) Well, if they were crossing 8 9th, 2016, Officer Stephanie Branch arrested Avi
9 over DART property without a fare pass to go to a 9 Adelman at Rosa Parks Plaza for criminal trespass.
10 store over there or a shop, would that be a criminal 10 However, Officer Branch's audio recordings indicate
11 trespass? 11 that her reason for contacting Avi Adelman was due to
12 A. They're in transit, sir. They're walking. I 12 him taking pictures of a person receiving medical
13 can't prevent anybody from walking. 13 treatment by Dallas Fire Rescue personnel.
14 Q. Okay. So walking across counts as -- as 14 Did I read that correctly?
15 transit that's -- that's a permissible purpose of 15 A. Yes.
16 being on DART property? 16 Q. According to Chief Spiller anyway, your audio
17 A. Any -- any -- DART property is accessible to 17 recordings indicated that your reason for contacting
18 everyone, sir. 18 Mr. Adelman was due to him taking pictures of a person
19 Q. Okay. Why did you first approach Mr. Adelman 19 receiving medical treatment?
20 that day? 20 MS. BISHKIN: Objection, speculation.
21 A. We approached each other, sir. 21 You can answer.
22 Q. Okay. Why did you first approach him? 22 Q. (By Mr. Bexley) Correct?
23 A. Mr. Adelman was approaching me, I was 23 A. That's what he wrote.
24 approaching him, we were approaching each other, and I 24 Q. Do you agree or disagree with Chief
25 wanted to know why he was approaching us. 25 Spiller's --
230 232
1 MS. BISHKIN: I think that was my 1 knows, when -- and they're on DART property without a
2 mistake. 2 permit, how would you handle that under this policy?
3 MR. BEXLEY: Okay. I just -- well, I -- 3 MS. BISHKIN: Objection, speculation.
4 I'm not criticizing. I just want to make sure -- 4 You can answer.
5 A. No. 5 A. How would I handle it opposed to they're
6 MR. BEXLEY: -- to be on the same page. 6 peaceful protesters, there's nothing I can do. I
7 Q. (By Mr. Bexley) Is this what you had in 7 mean, I can alert my supervisor, let him know. Other
8 mind, this 2.02(a)(15)? 8 than that, I'm not doing anything.
9 A. Yes, yes. 9 Q. Well, this says, one of the prohibited acts
10 Q. Okay. And several other places in discovery 10 and the one that you arrested Mr. Adelman under is
11 it says 2.12. Would it be fair to assume that that 11 unauthorized use of a DART facility or DART property
12 really meant 2.02? 12 for nontransportation related purposes. Wouldn't
13 A. Yes. 13 protesting on DART property be use of DART property
14 Q. Okay. So the specific piece that this refers 14 for nontransportation related ser -- purposes?
15 to, 2.02(a)(15) identified on Exhibit 46, Prohibited 15 A. And I'm not going to do anything without
16 Conduct and Enforcement, "A person is prohibited from 16 supervisor approval from here on out.
17 committing the following acts on a DART vehicle, DART 17 Q. And I -- that's a good plan, but I guess my
18 facility, or DART property unless otherwise specified 18 question is, would you go talk to your supervisor and
19 in this Section." And then (15) is, "Unauthorized use 19 ask if you should make an arrest or do something?
20 of a DART facility or DART property for 20 A. No, I will go talk to my supervisor and let
21 nontransportation related purposes." 21 them know about the situation. As far as that, I'm
22 Do you see that? 22 not doing anything.
23 A. Yes. 23 Q. Okay. Do you believe -- do you view
24 Q. And this is policy as well as the no 24 2.02(a)(15) as in conflict with the new photography
25 photography policy you were relying on in arresting 25 policy that we've been discussing?
231 233
1 Mr. Adelman? 1 MR. GAMEZ: Objection, that's -- that's
2 A. Yes. 2 improper for this witness, she's not the corporate
3 Q. We covered this a little bit earlier, but I 3 rep, speculation.
4 just want to make clear now that we have the Code of 4 Q. (By Mr. Bexley) You can answer because I
5 Conduct in front of us, would you interpret this 5 asked if you view it that way, not if DART views it
6 policy, this 2.02(a)(15) to also prohibit somebody 6 that way.
7 from protesting on DART property? 7 A. That was my reason for contact at the
8 MR. GAMEZ: Objection, that's improper 8 beginning, but I don't -- you know, everything is not
9 scope of questioning for her. She's not a corporate 9 black and white here, so I could say yes, it caused a
10 rep on the First Amendment. 10 conflict with me.
11 A. I agree with the attorney. 11 Q. Okay. What if somebody's out with a Bible
12 MS. BISHKIN: I'm going to object as to 12 trying to proselytize tomorrow -- or on your -- on
13 speculation. 13 your shift on Friday or, you know, handing out
14 You can answer. 14 religious materials, but they don't have a DART fare
15 A. I don't know. 15 pass and they're not trying to get on a -- a DART bus,
16 Q. (By Mr. Bexley) Okay. Well, when is your 16 how -- how would you approach that situation under
17 next shift? 17 2.02(a)(15)?
18 A. In 48 hours. 18 MR. GAMEZ: Objection, speculation.
19 Q. Okay. So Friday, say you go out Friday -- 19 A. Once again, I will contact my supervisor.
20 A. Uh-huh. 20 Q. (By Mr. Bexley) As you read the policy, do
21 Q. -- for your shift and you encounter a group 21 you believe it permits somebody to be out handing out
22 of people with signs protesting something, Donald 22 religious material -- material?
23 Trump or -- the first thing that comes to mind in 23 A. I'm going to have to contact my supervisor.
24 this -- in this political climate or anything else, 24 Q. You don't have an opinion one way or the
25 United Airlines, maybe they're still protesting, who 25 other today?
234 236
1 A. Not today. 1 led to this policy?
2 Q. You don't make it a practice though to ask 2 A. No.
3 every person that you see on DART property if they 3 Q. Okay. As you look down at number II, Policy,
4 have a fare pass, do you? 4 DART has written in this policy, "Short of the
5 A. Do I make it a practice as of -- 5 application of force and arrest is the most serious
6 Q. Today. 6 action an officer can undertake. An arrest can cause
7 A. No. 7 repercussions throughout a person's life, even if
8 Q. How about back in February 2016? 8 eventually found not guilty or never brought to
9 A. Sir, it was required that we ask -- we make 9 trial."
10 contact with everybody on that platform and ask them 10 Did I read that correctly? Did I read
11 for their DART pass and their purpose on DART 11 that correctly?
12 property. 12 A. Yes.
13 Q. Okay. I didn't know that. 13 Q. Do you agree with that?
14 So back in February 2016, there was a 14 A. Yes.
15 policy requiring you to ask every person on DART 15 Q. The next page there's Roman numeral V, Arrest
16 property if they had a fare pass? 16 Without A Warrant; do you see that?
17 A. There was a memorandum, that was an 17 A. Uh-huh.
18 understanding, that was what we were told in detail, 18 Q. You see subpart B, "When warrantless arrests
19 that was our purpose of being down there on overtime. 19 may be made"?
20 Q. And when did that change? 20 A. Uh-huh.
21 A. I couldn't tell you. Probably after this 21 Q. Do you see that? Is that a yes?
22 incident. 22 A. Yes.
23 Q. Okay. Are you familiar with DART's probable 23 Q. Okay. It says, "The Texas Code of Criminal
24 cause policy? 24 Procedure, in Chapter 14, gives officers the authority
25 A. Yes. 25 to make warrantless arrests, supported by 'probable
235 237
1 (Exhibit No. 47 marked.) 1 cause', as follows." And then there's little a
2 Q. (By Mr. Bexley) I guess actually, I'll ask 2 through little g there.
3 it again. Are you familiar with DART's arrest without 3 I would like you to take a look through
4 a warrant policy? 4 that and see which of those provisions authorized you
5 A. Have I seen it? 5 to arrest Mr. Adelman without a warrant. Well, let me
6 Q. Yes, ma'am. Handing you a document marked 6 strike that question.
7 Exhibit 47 and the subject matter is Arrests Without A 7 You arrested Mr. Adelman without a
8 Warrant? 8 warrant, correct?
9 A. Yes. 9 A. Uh-huh.
10 Q. You've seen this policy before? 10 Q. Yes?
11 A. Yes. 11 A. Yes.
12 Q. Have you received any training related to 12 Q. Okay. Then now I'll ask the question. Which
13 this policy? 13 of these little a through little g authorized you to
14 A. Yes. 14 arrest Mr. Adelman without a warrant?
15 Q. What type of training? 15 A. A and b.
16 A. Roll call training, in-service training. 16 Q. Okay.
17 Q. What's the difference between those two 17 A. And I would go with a.
18 things? 18 Q. So a says, "Officers may arrest persons found
19 A. Roll call training is to bring you up to 19 in suspicious places and under circumstances which
20 speed with changes that -- that will occur with 20 reasonably show that such persons had been guilty of
21 certain policies and certain procedures. And 21 some felony or breach of the peace, or threaten, or
22 in-service training is to let you know if law 22 are about to commit some offense against the laws."
23 trained -- laws change that will directly affect your 23 Do you see that?
24 job. 24 A. Yes.
25 Q. Okay. Was there a -- a change in law that 25 Q. Okay. Mr. Adelman was not found in a
238 240
1 suspicious place that led you to believe that he had 1 A. Yes.
2 committed a felony, correct? 2 Q. And it says breach of the peace is the one
3 A. Correct. 3 you're relying on, as far as I understand it, and I
4 Q. Okay. How about a breach of the peace -- 4 just want to clarify how not using DART services is a
5 A. Yes. 5 breach of the peace.
6 Q. -- you believe -- okay. 6 A. Okay. The policy is given -- I mean, the
7 What -- what did you see or what were the 7 Code of Conduct -- Conduct is given to us to enforce,
8 suspicions that led you to believe that Mr. Adelman 8 and it has a whole list from 1 through 17, and if --
9 had breached the peace? 9 as DART officers we're asked to follow those and asked
10 A. For his loud, abusive language, failure to 10 that our patrons follow those, anytime they're not
11 follow police instructions to stay back from a -- an 11 following those, we're -- we have that right to ask
12 active medical scene. 12 them to leave.
13 Q. Okay. What -- what's breach of the peace 13 Q. And I think we might be speaking past each
14 mean to you? 14 other, okay? So we have -- we have the DART Code of
15 A. A beach -- a breach of the peace means to me 15 Conduct here that we looked at, right --
16 is if someone's causing disruption, being disruptive, 16 A. Yes.
17 being inappropriate sexually or showing, you know, 17 Q. -- that's Exhibit 46?
18 parts of their body that they shouldn't, that would 18 I want to put that aside. I understand
19 cause me to say a breach of the peace. 19 your position as to why Mr. Adelman violated that.
20 Q. He certainly didn't do anything at the last 20 I want to move separately to what we're
21 part of your -- your comment, right? 21 calling Exhibit 47, which is when you can arrest a
22 A. No. 22 person without a warrant and then there are very
23 Q. Didn't expose himself to anybody? 23 specific circumstances listed here on page 2 regarding
24 A. No. 24 when a warrantless arrest can be made. You would
25 Q. Okay. So you're relying on he maybe yelled 25 agree with that, correct?
239 241
1 or -- or spoke loudly, is that what he did that 1 A. Yes.
2 breached the peace? 2 Q. And this is a DART policy that you've been
3 A. And not following police directions. 3 trained on, you've been given, correct?
4 Q. Okay. So just so we're very clear, the two 4 A. Yes.
5 ways that you believe Mr. Adelman breached the peace 5 Q. And you've just identified breach of the
6 and the reason why you believe you had probable cause 6 peace under Roman numeral V, big B, number 1, small a,
7 to arrest him under this policy is that he was being 7 as the grounds you relied upon in arresting him, and
8 loud, correct? 8 so I want to be clear as to how you want -- how you
9 A. Correct. 9 interpret use of DART facilities for something other
10 Q. And that he was not following officer 10 than transportation as a breach of the peace under the
11 instructions? 11 policy in Exhibit 47.
12 A. And he wasn't using -- utilizing DART 12 A. Because I asked him to leave. He's not
13 services. 13 utilizing DART services and I asked him to leave. He
14 Q. Okay. Is not using DART services a breach of 14 refused to leave. He refused to follow, you know, any
15 the peace? 15 commands that I gave him, you know, leave, step back,
16 A. That's in our Code of Conduct, sir, and 16 you know. Everything that I asked him to do, he
17 that's why I said I made -- according to our training 17 refused.
18 and according to our daily practice when we're down 18 Q. Okay. So to make sure we're on the same
19 there, that's what we're told to do, make contact with 19 page, I heard you identify being loud and abusive as
20 anybody that's loitering, you know, in places that, 20 one and failure to follow instructions as two. Is
21 you know, they're not using DART services. 21 there a third to not using transportation? Is that
22 Q. Well, I understand that. 22 separate or does that fall within not following your
23 What we're looking at now though is 23 instructions?
24 circumstances in which you can arrest a person without 24 A. Okay. It goes under the -- the -- the part
25 a warrant, do you understand that? 25 where I'm -- I'm going to say disruptive behavior
242 244
1 including loud communication, you know, not profanity. 1 A. Of criminal trespass.
2 Q. I'm sorry, where are you? 2 Q. Okay. Are those the only two grounds or
3 A. I'm at number 4 on our Code of Conduct. 3 reasons that you're relying on for a warrantless
4 Q. Okay. I'm sorry. We're on different -- 4 arrest under this policy that's Exhibit 47?
5 A. Okay. 5 A. Yes.
6 Q. -- different documents. 6 Q. Okay.
7 A. I used those -- we use the Code of Conduct as 7 A. That's all I can think of at -- at this
8 a way to gauge our contact with people that are not 8 point, yes.
9 using our -- our DART services and we reserve that 9 Q. Okay. Thank you.
10 right to ask people to leave because, as you say, I'm 10 Yeah, now, you mentioned b a moment ago
11 a representative of DART. On our Code of Conduct we 11 as well. I don't know that that applies, so I want to
12 said we can ask people to leave if they're not using 12 be clear that it does.
13 DART services. 13 It says, "If an officer has probable
14 Q. Okay. So let me see if I can boil this down. 14 cause to believe that a person has committed an
15 If somebody is violating Exhibit 46, the Code of 15 assault resulting in bodily injury to another" --
16 Conduct, do you believe that you can lawfully make an 16 A. No, no.
17 arrest even if the arrest is inconsistent with the 17 Q. It doesn't apply?
18 probable cause policy in Exhibit 47? 18 A. No.
19 A. Sir, I'm using the Code of Conduct as my 19 Q. Okay. And c doesn't apply either, does it?
20 gauge and when it come down to the -- the warrantless 20 A. No, he's not receiving any medical phone call
21 arrests, because I asked you to leave and I'm a direct 21 related to family violence.
22 representative and I'm on property and I'm asking you 22 Q. And d doesn't apply, correct?
23 to leave property and you refuse to leave, then I can 23 A. No.
24 enforce a code of criminal trespass. I can verbally 24 Q. And e doesn't apply, correct?
25 tell you, please, Mister -- 25 A. It's not a felony.
243 245
1 Q. Bexley. 1 Q. And f doesn't apply, correct?
2 A. -- Bexley, leave, and if you refuse to leave, 2 A. No.
3 then I can say, hey, I'm going to do a criminal 3 Q. And g doesn't apply, correct?
4 trespass, you know. I can give you the criminal 4 A. No, he hasn't confessed to any felonies that
5 trespass banning you from six months to a year from 5 I know of.
6 that prop -- from that property, particular property, 6 (Exhibit No. 48 marked.)
7 like Rosa Parks, and not to come back without the 7 Q. (By Mr. Bexley) I'm going to shift gears and
8 written consent of the owner, which is DART, per se, 8 talk about what you've done to search for documents in
9 and I'm no longer in it. And if you come back within 9 this case. Are you aware that Mr. Adelman submitted
10 that time, then you're going to jail for violating a 10 to your attorney requests that you turn over any
11 criminal trespass. 11 documents related to the case? No?
12 Q. Okay. And I'm not trying to be argumentative 12 A. Uh-huh.
13 or repetitive here, but I really want to make sure 13 Q. Yes or no?
14 we're on the same page because you're telling me a lot 14 A. No, I don't recall.
15 about the Code of Conduct, and I appreciate the way 15 Q. I'm going to hand you a document that I've
16 you interpret that and you've explained that very 16 marked as Exhibit 48.
17 well, and I -- I understand where you -- you're at on 17 MR. BEXLEY: I only have one copy, but
18 the Code of Conduct. 18 these are just RFPs.
19 I'm focused only on warrantless arrests 19 Q. (By Mr. Bexley) And this document is
20 pursuant to Exhibit 47, the warrantless arrest policy. 20 entitled Defendant Branch's Objections and Response to
21 And so I've heard you articulate that you believed 21 Plaintiff's Request for Production.
22 that Mr. Adelman being loud and disruptive and not 22 A. Okay.
23 following orders or commands from a police officer was 23 Q. Have you ever seen this?
24 a breach of the peace and so you believe that 24 A. No.
25 justified a warrantless arrest, correct? 25 Q. Okay. Well, I will just give you a very
5 7
1 VIDEOGRAPHER: Going on the record at 9:09 1 Q. You'll know what I mean?
2 AM. Today is Friday, July 28th, 2017. This is the 2 A. Yes.
3 beginning of Tape Number 1, Volume 1. 3 Q. Okay. You understand you've been designated
4 We are here for the deposition of Dallas 4 today as a corporate representative on certain topics
5 Area Rapid Transit corporate rep James Spiller, in the 5 for DART?
6 case of Ari S. Adelman versus Dallas Area Rapid Transit 6 A. Yes.
7 and Stephanie Branch. 7 Q. And do you understand that that means that you
8 This deposition is taking place at the 8 speak on behalf of DART with respect to those topics in
9 offices of Dallas Area Rapid Transit, 1401 Pacific 9 this deposition?
10 Avenue, Dallas, Texas 75202. 10 A. Yes.
11 The court reporter is Beth Howard. We are 11 Q. Okay. Have you received a copy of the
12 with Dickman Davenport, 4228 North Central Expressway, 12 Deposition Notice that lists those topics?
13 Suite 101, Dallas, Texas 75206. 13 A. Can I see it?
14 Will counsel and all those present please 14 Q. Yes, sir. I'm marking that as Exhibit 53.
15 state their appearances for the record. 15 (DEPOSITION EXHIBIT 53 MARKED.)
16 MR. BEXLEY: Tyler Bexley, representing the 16 A. Yes.
17 Plaintiff, Avi S. Adelman, and with me is Mr. Adelman. 17 Q. (BY MR. BEXLEY) You've reviewed this document,
18 MR. GAMEZ: Gene Gamez, for Dallas Area 18 Exhibit 53?
19 Rapid Transit, and behind me is Janith Lewis-Bryant and 19 A. Yes.
20 an intern, Vanessa, that will be in for some of the 20 Q. And you understand that -- You can keep it over
21 deposition. 21 there.
22 If I could, could you have the -- the 22 You understand that Exhibit 53 is a
23 record reflect that it's -- the corporate rep is DART 23 Deposition Notice that lists the topics that this
24 Chief of Police James Spiller? 24 deposition will be about?
25 VIDEOGRAPHER: Yes. 25 A. Yes.
6 8
1 (OATH ADMINISTERED BY THE REPORTER.) 1 Q. And if you'll flip to Page 3, where the topic
2 CHIEF JAMES D. SPILLER, 2 list starts, it's my understanding that you have been
3 having been first duly sworn, testified as follows: 3 designated as DART's corporate representative, either
4 EXAMINATION 4 the only corporate representative or one of multiple
5 BY MR. BEXLEY: 5 corporate representatives, on every topic except for 1,
6 Q. Good morning, sir. Will you please state your 6 12, and 13. Can you confirm that that's correct?
7 name? 7 MR. GAMEZ: I'm going to intervene on that.
8 A. James D. Spiller. 8 I've got 14, and maybe there's a -- there's a
9 Q. And are you the Chief of the Dallas Area Rapid 9 misunderstanding on that.
10 Transit Police? 10 MR. BEXLEY: You have him not on 14.
11 A. That's correct. 11 MR. GAMEZ: Correct.
12 Q. Is it okay with you if I refer to you in this 12 MR. BEXLEY: I have a response e-mail that
13 deposition as Chief Spiller? 13 you sent to that one that you're referring to, where you
14 A. That's fine. 14 said to add him to 14, but you can take a look and
15 Q. Chief Spiller, do you understand that you are 15 confirm that for me, Mr. Gamez.
16 testifying today in a deposition in a lawsuit filed by 16 MR. GAMEZ: Okay. No, that's fine. I see
17 Mr. Avi Adelman? 17 14, yeah. I think it's -- that's fine.
18 A. Yes. 18 Q. (BY MR. BEXLEY) So let me ask the question
19 Q. And do you understand that that lawsuit relates 19 again.
20 to an arrest of Mr. Adelman by a Dallas Area Rapid 20 Is it your understanding that you have been
21 Transit police officer on February 9th, 2016? 21 designated as one of -- at least one of DART's corporate
22 A. Yes. 22 representatives on every topic listed here except 1, 12,
23 Q. Is it okay with you if I refer to the entity as 23 and 13?
24 "DART" for short? 24 A. Yes.
25 A. Yes. 25 Q. And are you prepared to testify on DART's
13 15
1 A. Yes. Verbal counseling. 1 Is it your testimony that DART has never
2 Q. During your tenure as the chief and deputy 2 been sued for constitutional rights violations during
3 chief of the DART Police Force, have you been involved 3 your tenure, or you just don't recall any such --
4 in any DART litigation other than this case? 4 A. Not that I'm aware of.
5 A. As far as deposition? 5 Q. -- lawsuits?
6 Q. Start with that, sure, as a deposition. 6 So you don't know one way or the other?
7 A. I think I sat in on one with the chief, but I 7 A. No.
8 was not called, because I was new. 8 Q. Okay. Are you aware of any complaints against
9 Q. Have you ever been deposed? 9 DART during your tenure as chief or deputy chief
10 A. I don't recall, but I think I have. 10 relating to constitutional rights violations?
11 Q. And since you don't recall, you don't -- I 11 A. No.
12 assume you don't have any recollection of what that 12 Q. I mentioned a moment ago you understand we are
13 deposition was related to? 13 here today to talk about the arrest of Avi Adelman on
14 A. No. 14 February 9th, 2016?
15 Q. All right. During your tenure as the chief and 15 A. Yes.
16 deputy chief of the DART Police Force, are you aware of 16 Q. And Mr. Adelman was arrested by DART Officer
17 any litigation against DART relating to wrongful arrests 17 Stephanie Branch on that date; is that correct?
18 other than this case? 18 A. Yes.
19 A. No, but I will say this was not -- No. Your 19 Q. And Officer Branch was at that time a DART
20 answer is no. 20 police officer and still is today, correct?
21 Q. Are you aware of any DART -- any litigation 21 A. Yes.
22 against DART in your tenure as chief or deputy chief 22 Q. And on February 9th, 2016, Officer Branch, when
23 involving the First Amendment? 23 she arrested Mr. Adelman, was acting in the course of
24 A. No. 24 her employment as a DART police officer?
25 Q. During your tenure as chief and deputy chief, 25 A. Yes.
14 16
1 are you aware of any litigation against DART involving 1 Q. And on February 9th, 2016, when Officer Branch
2 any allegations of constitutional rights violations? 2 arrested Mr. Adelman, she was acting under color of
3 A. I think one. 3 state law, correct?
4 Q. And what -- what do you recall about that case? 4 A. Yes.
5 A. It was where we preferred charges against an 5 Q. Have there been any complaints, other than
6 officer. 6 those related to this case, about Officer Branch that
7 Q. And the officer filed suit against DART? 7 you're aware of?
8 A. No. 8 A. There may have been, but nothing -- nothing
9 Q. So explain to me what -- what that involved. 9 jumps out.
10 A. An officer picked someone up and versus filing 10 Q. Are you aware of any prior discipline issues
11 a charge on them, he carried them to a place and 11 with respect to Officer Branch?
12 performed -- had a sexual encounter with them. Nothing 12 A. I'd have to be looking at her records.
13 was reported. 13 Q. You haven't reviewed those records?
14 We pressed charges on him -- filed charges 14 A. I reviewed her records in the past, but as far
15 with him, with the District Attorney's Office, and he 15 as discipline, I'm not aware of any discipline taken
16 was convicted as well in the federal system. 16 against her.
17 Q. And was there litigation by the -- the victim? 17 Q. Is it fair to say that other than knowing that
18 A. No. 18 she was a DART police officer, Officer Branch wasn't
19 Q. So I'm a little confused, because my question 19 really on your radar prior to February 9th, 2016?
20 was whether you're aware of litigation involving 20 A. All officers are always on my radar.
21 constitutional rights violations. Was -- is that 21 Q. Was there any special reason to know about her
22 something you're saying involves constitutional rights 22 or have her on your radar, beyond just the fact that she
23 violations and litigation? 23 was a DART police officer?
24 A. No. It involved constitutional rights. 24 A. That -- that would be correct.
25 Q. I understand. Thank you. 25 Q. Do you socialize at all with Officer Branch?
17 19
1 A. I don't socialize with officers. 1 is "Arrests Without A Warrant." Do you see that?
2 Q. Outside of the fact that you're her ultimate 2 A. Yes.
3 boss, do you have any relationship or interaction with 3 Q. And this was issued September 23rd, 2011; is
4 Officer Branch at all? 4 that correct?
5 A. I don't socialize with officers at all. 5 A. Yes.
6 Q. Okay. Was Officer Branch's arrest of 6 Q. And under the authority of the chief of police,
7 Mr. Adelman on February 9th, 2016 consistent with DART 7 which is you, correct?
8 policy? 8 A. Correct.
9 A. Yes. 9 Q. And you were the chief of police on this date
10 Q. Did the arrest of Mr. Adelman on February 9th, 10 as well, correct?
11 2016 violate the First Amendment of the U.S. 11 A. Correct.
12 Constitution? 12 Q. And this policy is still in effect today,
13 MR. GAMEZ: I'm going to object. You're 13 correct?
14 asking for a legal conclusion. 14 A. Correct.
15 Q. (BY MR. BEXLEY) You can answer. 15 Q. Under "Policy," you see the first sentence
16 A. What was the question? 16 that -- Section II says, "Short of the application of
17 Q. Did the arrest of Mr. Adelman on February 9th, 17 force, an arrest is the most serious action an officer
18 2016 violate the First Amendment of the U.S. 18 can undertake. An arrest can cause repercussions
19 Constitution? 19 throughout a person's life, even if eventually found not
20 MR. GAMEZ: Same objection. 20 guilty or never brought to trial."
21 A. No. 21 Did I read that correctly?
22 Q. (BY MR. BEXLEY) I didn't hear you, sir. 22 A. Yes.
23 A. I stopped. 23 Q. Do you agree with that statement?
24 MR. GAMEZ: Thanks for giving me the couple 24 A. Yes.
25 of seconds. 25 Q. Then the next sentence says, "The most
18 20
1 Same objection: It's asking for a legal 1 important legal question facing an officer at the moment
2 conclusion and -- legal conclusion. 2 of an arrest is the existence of probable cause.
3 MR. GAMEZ: You can answer, if you 3 Without probable cause, the arrest is illegal and the
4 have a.... 4 evidence of criminality that was obtained because of the
5 A. Would you repeat the question? 5 arrest is inadmissible."
6 Q. (BY MR. BEXLEY) Sure. Did the arrest of 6 Do you see that?
7 Mr. Adelman on February 9th, 2016 violate the First 7 A. Yes.
8 Amendment of the U.S. Constitution? 8 Q. Do you agree with that statement?
9 A. No. 9 A. Yes.
10 Q. Did the arrest of Mr. Adelman on February 9th, 10 Q. And so it's your understanding that an arrest
11 2016 violate the Fourth Amendment of the U.S. 11 without probable cause is illegal, correct?
12 Constitution? 12 A. Correct.
13 A. No. 13 Q. And that's well-known and clearly established
14 Q. Does DART have an arrest without a warrant 14 among police officers, that you cannot arrest a person
15 policy? 15 without probable cause, correct?
16 A. If you have something in front of you -- 16 A. Correct.
17 Q. Sure. 17 Q. How many arrests have you personally made in
18 A. -- that you're looking at, I'll be glad to look 18 your career, roughly?
19 at it. 19 A. You're -- you're asking for an assumption over
20 (DEPOSITION EXHIBIT 7 MARKED.) 20 26 years.
21 Q. (BY MR. BEXLEY) I'm handing you a document 21 Q. Hundreds or thousands, probably?
22 marked as Exhibit 7. Does this document look familiar 22 A. Hundreds.
23 to you? 23 Q. And supervised or been the chief while many,
24 A. Yes. 24 many more were made, correct?
25 Q. This is a DART General Order, and the subject 25 A. Yes.
21 23
1 Q. So it's fair to say that you have some 1 cause, right?
2 expertise in what constitutes probable cause and what 2 MR. GAMEZ: I'm going to object to those.
3 doesn't, correct? 3 It's a misrepresentation of the facts.
4 A. Yes. 4 Q. (BY MR. BEXLEY) Is that correct?
5 Q. If you'll flip with me to Page 2, there's a 5 A. I have to be looking at what you're
6 Section V, "Arrest Without a Warrant." Do you see that? 6 specifically referencing.
7 A. Yes. 7 Q. You've read the Internal Affairs report?
8 Q. And it says, "Federal and state constitutions 8 A. I read it.
9 protect individuals from arbitrary and oppressive 9 Q. And you understand that there's a statement in
10 interference with privacy by law enforcement officials. 10 there that says that the evidence indicates that Officer
11 Further, officers must have probable cause that a crime 11 Branch did not gather enough articulable facts and did
12 has been committed and that the person to be arrested 12 not establish probable cause to effect the arrest of
13 has committed the crime." 13 Adelman?
14 Do you see that? 14 MR. GAMEZ: Same -- same objection. You're
15 A. Yes. 15 misquoting the facts, and the facts not in evidence.
16 Q. Do you agree that it is a constitutional rights 16 Q. (BY MR. BEXLEY) Well, since your lawyer thinks
17 violation to arrest a person without probable cause? 17 I'm misquoting something, let me use the document, and
18 A. Yes. 18 I'll read the exact quote that you wrote or that
19 Q. Then Section B says, "When warrantless arrests 19 somebody wrote on your behalf.
20 may be made. 20 This is a document that's been previously
21 "The Texas Code of Criminal Procedure, in 21 marked as Exhibit 1 to another deposition, and this is
22 Chapter 14, gives officers the authority to make 22 the Internal Affairs report that DART commissioned and
23 warrantless arrests, supported by 'probable cause' as 23 wrote, correct?
24 follows," and then there's an A through G listed there. 24 A. Correct.
25 Do you see that? 25 Q. Do you stand by this Internal Affairs report?
22 24
1 A. Yes. 1 A. Yes.
2 Q. Did Officer Branch have probable cause under 2 Q. Does DART stand by this Internal Affairs
3 any of these provisions, A through G? 3 report?
4 A. We didn't read A through G. Are we going to go 4 A. Yes.
5 through all of them and -- 5 Q. Okay. Flip to the page that says -- at the
6 Q. You can read them silently and identify which, 6 very bottom, you'll see numbers beginning with "DART."
7 if any of them, Officer Branch had probable cause under. 7 There's a "DART," a bunch of zeros, and then the number
8 A. (Referring to document.) 8 "7." Do you see that?
9 What was your question? 9 A. Yes.
10 Q. Which of those, if any, did Officer Branch have 10 Q. Okay. Find the exact bullet that I'm referring
11 probable cause under which to arrest Mr. Adelman? 11 to, because I want to get this quote correct.
12 A. I think what we're confusing here is 12 MR. ADELMAN: Page 7.
13 understanding your question as pertaining to this, but 13 MR. BEXLEY: I got it.
14 we're also not looking at the DART Code of Conduct, and 14 MR. ADELMAN: Okay.
15 I think it's important that we take a look at the DART 15 Q. (BY MR. BEXLEY) Okay. If you will look down to
16 Code of Conduct and what it also says, because arrests 16 the second-to-last bullet on that page, do you see that,
17 can occur there also. 17 beginning with "the evidence indicates"?
18 Q. Okay. And I -- I intend to get to that in a 18 A. Yes.
19 moment, but for now, I just want to focus on whether or 19 Q. It says, "The evidence indicates that Officer
20 not Officer Branch had probable cause under any of the 20 Branch did engage in conduct which was illegal or could
21 enumerated clauses in Section I of Exhibit 7. 21 reflect negatively on DART if brought to the attention
22 A. Not here, no. 22 of the public, could consult in justified unfavorable
23 Q. Okay. And in fact, there's an Internal Affairs 23 criticism of that employee, DART, or the Transit Police
24 report in which DART concluded that Officer Branch's 24 when she failed to gather enough articulable facts and
25 arrest of Mr. Adelman was not supported by probable 25 did not establish probable cause to effect the arrest of
25 27
1 Adelman." 1 A. Yes.
2 Did I read that correctly? 2 Q. You understand that Officer Branch has
3 A. Yes. 3 testified that this policy was the basis for her
4 Q. Do you stand by that statement? 4 criminal trespass arrest of Mr. Adelman?
5 A. Yes. 5 MR. GAMEZ: I'm going to object to
6 Q. Does DART stand by that statement? 6 comparative testimony.
7 A. Yes. 7 Q. (BY MR. BEXLEY) Do you understand that?
8 Q. You can put that aside and we'll come back to 8 A. I'm not aware of what she testified to.
9 it. 9 Q. Okay. Do you agree that that is the basis for
10 Now, you mentioned just a moment ago the 10 Officer Branch's arrest of Mr. Adelman?
11 Code of Conduct, so I want to look at that, and 11 MR. GAMEZ: Objection. Those are facts not
12 that's -- I'm handing you that as an exhibit that was 12 in evidence.
13 previously marked as Exhibit 46. 13 Q. (BY MR. BEXLEY) Do you agree that this
14 Is this the document that you're referring 14 provision, Section 2.02(a)(15), is the policy basis for
15 to? 15 Officer Branch's arrest of Mr. Adelman?
16 A. Yes. 16 A. Yes.
17 Q. Okay. And this is the DART Code of Conduct; is 17 Q. Now, the -- this unauthorized use provision
18 that right? 18 that we've been talking about, that applies to all
19 A. Yes. 19 non-transportation activity, correct?
20 Q. And it is currently in effect, correct? 20 A. On DART facilities, property, vehicles, yes.
21 A. Yes. 21 Q. And so a person who is protesting on a DART
22 Q. And it was in effect when Mr. Adelman was 22 facility for non-transportation purposes would be in
23 arrested as well, correct? 23 violation of this provision, correct?
24 A. Yes. 24 MR. GAMEZ: I'm going to object to
25 Q. Flip to Page 3, please. 25 speculation.
26 28
1 MR. GAMEZ: Will you refer to the DART's 1 MR. BEXLEY: He's going to object during
2 Bates number, so that -- 2 the deposition and unless --
3 MR. BEXLEY: Yes, it's Bates number 194. 3 THE WITNESS: Okay.
4 No problem. 4 MR. BEXLEY: -- he instructs you not to
5 Q. (BY MR. BEXLEY) Are you there? 5 answer, you can go ahead and answer.
6 A. Yes. 6 So let me ask the question again.
7 Q. And there's a Section 2.02, "Prohibited Conduct 7 THE WITNESS: Sure.
8 and Enforcement." You see that? 8 Q. (BY MR. BEXLEY) Section 2.02(a)(15) would
9 A. Yes. 9 preclude a person from engaging in protests on DART
10 Q. And Section (a) states, "A person is prohibited 10 property for non-transportation related purposes,
11 from committing the following acts on a DART vehicle, 11 correct?
12 DART facility, or DART property unless otherwise 12 A. No.
13 specified in this Section." 13 Q. Okay. Why not?
14 And if you'll jump down to Number 15, it 14 A. Because they could have permission.
15 says, "Unauthorized use of a DART facility or DART 15 Q. Okay. Let me ask the question differently.
16 property for non-transportation purposes." 16 Section 2.02(a)(15) would prohibit a person
17 Did I read that correctly? 17 who does not have permission from protesting on DART
18 A. "Non-transportation related purposes." 18 property for non-transportation related purposes,
19 Q. Thank you. I apologize. 19 correct?
20 A. Yes. 20 MR. GAMEZ: Objection, speculation.
21 Q. Is that an accurate reflection of DART's 21 You can answer.
22 current policy? 22 A. Correct.
23 A. Yes. 23 Q. (BY MR. BEXLEY) And Section 2.02(a)(15) would
24 Q. Is that an accurate reflection of DART's policy 24 prohibit a person who does not have permission from
25 when Mr. Adelman was arrested? 25 taking photographs on DART property for
29 31
1 non-transportation related purposes? 1 because of all the terror-related incidents and events
2 MR. GAMEZ: Objection, speculation. 2 that occur.
3 Q. (BY MR. BEXLEY) Is that correct? 3 So I'm not sure I'm answering your
4 A. Repeat your question. 4 question, but that -- and that's a lot of speculation on
5 Q. Section 2.02(a)(15) would prohibit a person 5 my part, because different officers will interpret it
6 from taking photographs on DART property for 6 different ways. But I think if they see someone there
7 non-transportation related purposes if they don't have 7 taking those pictures, they are going to do those
8 permission; is that correct? 8 things.
9 MR. GAMEZ: I'm going to object to -- to -- 9 MR. BEXLEY: I'm going to object as
10 it's a speculation and facts not in evidence. 10 nonresponsive.
11 You are referring to -- When you say 11 Q. (BY MR. BEXLEY) I'm going to break this up into
12 "photography," can you clarify whether you're talking 12 small pieces, one at a time, so we can get to where I'm
13 about commercial or photography pursuant to the Police 13 trying to get with this question.
14 Department policy? 14 My first question is only this: Section
15 MR. BEXLEY: I'm asking a straightforward 15 2.02(a) says, "A person is prohibited from committing
16 question. Your objection is noted. And we'll move on, 16 the following acts on a DART vehicle, DART facility, or
17 and he can answer the question, subject to the 17 DART property unless otherwise specified in this
18 objection. 18 Section," and 15 is, "Unauthorized use of a DART
19 Will you read back the question for me. 19 facility or DART property for non-transportation related
20 (RECORD READ BY THE REPORTER.) 20 purposes"; is that correct?
21 A. A person could be there taking pictures and not 21 MR. GAMEZ: Objection, asked and answered.
22 necessarily have permission, because photography is not 22 Go ahead.
23 prevented. 23 Q. (BY MR. GAMEZ) Is that what that provision
24 Q. (BY MR. BEXLEY) I understand there's a separate 24 says?
25 policy on photography -- 25 A. You know, again, I'm going to give you the same
30 32
1 A. Okay. 1 answer.
2 Q. -- and we're going to talk about that and how 2 Q. I'm just asking you if that's what the
3 that interplays with Section 2.022 here in a moment. 3 provision says.
4 But for now, my question is limited to the language of 4 A. That's what the provision says --
5 2.02(a)(15). Okay? 5 Q. Okay.
6 A. Okay. 6 A. -- but my answer still remains the same.
7 Q. And that says that, "A person is prohibited 7 Q. Okay. That's what the provision says, correct?
8 from committing the following acts on a DART vehicle, or 8 A. As you read it.
9 DART facility, or DART property unless otherwise 9 Q. Okay.
10 specified in this Section," and then 15 is "unauthorized 10 A. That's as stated.
11 use of a DART facility or DART property for 11 Q. Okay. And in Section 15, the phrase
12 non-transportation related purposes." 12 specifically used is "unauthorized use for
13 A. You know, I'm not sure I'm really understanding 13 non-transportation related purposes"; is that right?
14 what you're trying to get at here, because you could be 14 A. That's what the statement says.
15 there taking pictures, not necessarily using the 15 Q. Photography is a non-transportation related
16 property, but does not prevent an officer from coming up 16 purpose, correct?
17 and making contact with you based upon Homeland Security 17 MR. GAMEZ: Objection. Those -- those
18 rules and concerns. 18 facts are not in evidence. Misstatement of the DART
19 So, yes, you could be there taking pictures
19 Police photography policy.
20 but, yes, we could come up and contact you to ascertain
20 MR. BEXLEY: What fact? I'm asking if
21 why you're taking pictures, what's your reason for being
21 photography is a non-transportation related purpose.
22 there.
22 That's all I'm asking.
23 And if you're consistently there taking
23 MR. GAMEZ: Because we've given you the
24
24 photography policy, so they're -- you know, you're --
those pictures and doing things, then we could go into
25
25 the facts aren't there.
another phase from a Homeland Security perspective
33 35
1 MR. BEXLEY: I get it, Gene. The witness 1 that's been previously marked as Exhibit 19.
2 can answer. You can object to form, and the answer is 2 Do you recognize this as DART's photography
3 subject to the objection. 3 policy that went into effect on June 4th, 2014?
4 Q. (BY MR. BEXLEY) Let me ask you again, because 4 A. Yes.
5 this is a very simple, straightforward question: 5 Q. And what was the reason that this policy went
6 Photography is a non-transportation related purpose; is 6 into effect at this time?
7 that correct? 7 A. Just to clarify that people were allowed to
8 A. As the statement reads here. 8 take photographs --
9 Q. That's a "yes"? 9 Q. Was there any written --
10 A. That's yes, as -- per the -- per the statement 10 A. -- as stated.
11 as written. 11 Q. Was there any written policy on photography
12 Q. Okay. And if you want to take a moment to read 12 prior to June 4th, 2014?
13 the whole policy, you're welcome to, but the word 13 A. When you say "written policy," are you meaning
14 "photography" and discussion of photography is not 14 in a memo or --
15 mentioned anywhere in this Code of Conduct; is that 15 Q. Anything in writing.
16 correct? 16 A. -- signs posted? Yes, there were -- there were
17 A. I haven't read it, so if you want to take that 17 two signs posted in my early years here at two DART
18 time or you want me to take your word for it. 18 locations.
19 Q. I'll tell you what. We're going to take a 19 Q. And those were "no photography" signs?
20 break at some point in the next half hour or so, and so 20 A. Yes, or something along those lines. Yes.
21 if you want to read it, then I'll come back and ask you 21 Q. Was there any written policy permitting
22 if you saw the word "photography." 22 photography in place prior to June 4th, 2014?
23 A. What about if I take the break at the same time 23 A. Not from the police, from my recollection.
24 as you and not use my break time to read what you want 24 Q. Is it your belief or understanding as DART's
25 me to read. 25 chief of police at this time that photography was
34 36
1 Q. Well -- 1 permitted prior to June 4th, 2014?
2 A. Is that fair? 2 A. With the exception of where those signs were
3 Q. That's perfectly fine, but -- 3 posted.
4 A. Okay. 4 Q. It just wasn't in writing anywhere, as far as
5 Q. -- if you come up with the word -- I will tell 5 you know?
6 you it's not in Exhibit 46. 6 A. That's correct.
7 A. Okay. 7 Q. Is there any particular event or issue that led
8 Q. If you find that at any point today, or between 8 to this policy being reduced to writing on June 4th,
9 now and when this case is tried to a jury, feel free to 9 2014?
10 point out that I'm wrong. But I've read that several 10 A. I think we had seen something up on the East
11 times, and I can tell you -- 11 Coast, an event that took place up at one of the other
12 A. That's why I asked if you wanted me to take 12 transit properties.
13 your word, but -- 13 Q. Was it a court case?
14 Q. Okay. 14 A. It resulted in a court case with one of the
15 A. -- don't ask me to use my break time if you're 15 transit properties.
16 not going to use yours. 16 Q. Who was responsible for putting this policy in
17 Q. I'm going to be using mine to stay prepared for 17 Exhibit 19 together?
18 this deposition the whole time -- 18 A. Who put it in 19, or who wrote the document?
19 A. All right. 19 Q. I'm just referring to the document by its
20 Q. -- and you're free to do the same or not do the 20 number for the record. Who put this document together,
21 same. 21 wrote this document that's Exhibit 19?
22 A. I'll use mine to -- 22 A. I and/or my staff comprised it, and I am the
23 (REPORTER REQUESTS ONE SPEAKER AT A 23 signature person on it.
24 TIME.) 24 Q. Was there a particular person on your staff
25 Q. (BY MR. BEXLEY) I'm handing you a document 25 that took the lead on this?
45 47
1 Q. Okay. And just because -- so that we're all 1 limited to stations, buses, trains, or other vehicles
2 clear, the case that your lawyer made a speaking 2 for their personal use. Persons taking photographic or
3 objection on, interposed so that you would think about 3 video images must not interfere with transportation or
4 it when you were answering, that case was decided well 4 public safety activity while taking images."
5 after this and well after the photography policy was put 5 Do you see that?
6 into the place -- place. Are you aware of that? 6 A. Yes.
7 A. Our policy was 2014. 7 Q. Was Mr. Adelman interfering with transportation
8 Q. Okay. Thank you. 8 or public safety activities when he was arrested?
9 So back to the photography policy. If you 9 A. I need to look at the report again, because I
10 will compare that -- if you will take Exhibit 19 and 10 do recall she approached him. Upon her approach, it was
11 Exhibit 46 and look at them together. And Exhibit 46 is 11 because of the photography. However, she was mistaken,
12 the Code of Conduct that we were talking about a moment 12 because -- she was mistaken because she was, as I
13 ago. I think it's folded up and you just passed it. 13 recall, interpreting HIPAA rules, which led to her
14 A. No, this is not it. I was going the right 14 approaching him, which later required her -- or she
15 direction. 15 asked him to leave several times, which he failed to do
16 Q. Got it? 16 so --
17 A. Yes. 17 MR. BEXLEY: Objection --
18 Q. So if you'll compare Exhibit 19 and 46 that 18 A. -- which resulted in an arrest for criminal
19 we've talked about. On Page 3 of Exhibit 46, we talked 19 trespass.
20 about that Section 2.02 a moment ago. Do you recall 20 MR. BEXLEY: Objection, nonresponsive.
21 that? 21 Q. (BY MR. BEXLEY) Was Mr. Adelman interfering
22 A. Yes. 22 with transportation or public safety activities when he
23 Q. Okay. Which of these two policies trumps or -- 23 was arrested?
24 or controls if there's a conflict between them, Exhibit 24 MR. GAMEZ: Asked and answered. I think he
25 19 and Exhibit 46? 25 wanted to see the report that....
46 48
1 A. Are you talking overall or -- 1 A. Yeah, I'm going to ask to see the report again,
2 Q. Overall. 2 because I think you're referring to a specific area in
3 MR. GAMEZ: I'm going to object to 3 that report. And again, I can give you an answer based
4 speculation. 4 upon this statement in and of -- by itself, but I think
5 A. The policy that's going -- going to be the one 5 there is the totality of the circumstances here that
6 that our officers are going to abide by, though they're 6 we're not addressing and that are those other things in
7 going to enforce both. 7 the report.
8 MR. BEXLEY: Okay. Well, I'm going to 8 Q. (BY MR. BEXLEY) We can look at the report in a
9 object as nonresponsive -- 9 moment. My question is very simple, and it's a "yes" or
10 THE WITNESS: Okay. 10 a "no" question.
11 MR. BEXLEY: -- because that doesn't really 11 Was Mr. Adelman interfering with
12 answer my question. It's a little bit different. 12 transportation or public safety activities when he was
13 Q. (BY MR. BEXLEY) If there's a conflict between 13 arrested?
14 those two policies out in the field, which one would 14 A. And my response to that is going to be on
15 control the officer's decision? 15 Officer Branch's response in the investigation. She
16 A. DART's policy. 16 thought he was. However, she was mistaken because she
17 Q. And which one of these is DART's policy? 17 was interpreting HIPAA rules. And, again, it led to her
18 A. The Code of Conduct. 18 asking him to leave, based upon that mistaken
19 Q. And that's Exhibit 46? 19 interpretation of those rules, and subsequent his
20 A. Yes. 20 refusal to provide ID and/or to depart the area.
21 Q. Now, looking back on Exhibit 19, the 21 MR. BEXLEY: Objection, nonresponsive.
22 photography policy, it says, in the second paragraph, 22 Q. (BY MR. BEXLEY) Sir, you've been designated as
23 "Persons may take photographic or video images, 23 DART's corporate representative today, correct?
24 including but not limited to film, digital or video 24 A. Correct.
25 recordings, images, of DART property, including but not 25 Q. Is it DART's position that Mr. Adelman was or
57 59
1 over? 1 Q. (BY MR. BEXLEY) Did you hear the officer say
2 MR. BEXLEY: Correct. It's all publicly 2 that not being able to take video or pictures is part of
3 available on the Internet. 3 DART's Code of Conduct?
4 MR. GAMEZ: I said, "Has it been turned 4 A. Yes.
5 over?" 5 (VIDEO PLAYED ON LAPTOP COMPUTER.)
6 MR. BEXLEY: I've already answered you 6 Q. (BY MR. BEXLEY) Did you hear the fare officer
7 "no," several times. 7 ask him if he had a DART ticket?
8 MR. GAMEZ: I'm going to object. And just 8 A. Yes.
9 so that I don't interfere with your questions, I'm going 9 (VIDEO PLAYED ON LAPTOP COMPUTER.)
10 to object to any questions -- an ongoing objection to 10 MR. BEXLEY: I'm going to stop it there.
11 any questions to Exhibit 55 and Exhibit -- under USB 11 MR. GAMEZ: One more objection on there.
12 Exhibit 8. 12 MR. BEXLEY: There's not a pending
13 MR. BEXLEY: Okay. 13 question.
14 Q. (BY MR. BEXLEY) Now, sir, for the record, 14 MR. GAMEZ: Well, I'm still going to put an
15 Exhibit 8 is a video that is embedded in the blog post 15 objection, because you've presented the exhibit,
16 that we've just talked about that I marked as Exhibit 16 Exhibit 55, a USB exhibit.
17 55. Okay? 17 And my additional objection is relevance,
18 A. Okay. 18 based on it looks like now, getting an opportunity to
19 (VIDEO PLAYED ON LAPTOP COMPUTER.) 19 review the document I'm first just seeing, it's dated
20 Q. (BY MR. BEXLEY) Now, I'm going to pause it 20 March 20th of 2014, and that is before the current
21 here. 21 photography policy of June 4th of 2014, so my objection
22 Can you identify whether that is or is not 22 is relevance.
23 a DART police officer in the video? 23 MR. BEXLEY: Please don't make speaking
24 A. Yes. 24 objections that aren't deposition objections. Relevance
25 Q. Yes, it is? 25 is not a form objection and it's not a deposition
58 60
1 A. Yes. 1 objection.
2 Q. Is that the Officer T. Morris that you were 2 MR. GAMEZ: Please don't bring exhibits
3 just thinking of? 3 that you haven't produced and try to ambush my witness.
4 A. I guess so. 4 MR. BEXLEY: We'll take that one up with
5 MR. ADELMAN: I'm watching the video. 5 the Court as well.
6 THE WITNESS: Okay. 6 Q. (BY MR. BEXLEY) So there was a prior incident,
7 Q. (BY MR. BEXLEY) Yes, it is Officer T. Morris? 7 that we just saw, less than two years before
8 A. Yes. 8 Mr. Adelman's arrest, where a DART officer told someone
9 Q. And without more, can you recognize which DART 9 that they're not allowed to film or video or pictures of
10 station this is? 10 police on DART property, correct?
11 A. No. 11 A. Let me ask a question, because there's no
12 Q. Okay. I'm going to keep playing, and if at any 12 date -- no year date on here. So we're saying this was
13 point, you can, would you mind just stopping me and 13 March of '14?
14 telling me what station you think it is? Is that okay? 14 Q. Right.
15 A. We're going to have to move it up here, maybe 15 A. Okay.
16 I -- 16 Q. Is that correct?
17 Q. That's fine. 17 A. Give me your question again.
18 A. -- I need to move so I can see. 18 Q. There was a prior incident less than two years
19 Q. How's that? 19 before Mr. Adelman's arrest, where a DART officer told
20 A. Okay. 20 someone they are not allowed to take photos or videos of
21 (VIDEO PLAYED ON LAPTOP COMPUTER.) 21 police on DART property; is that correct?
22 Q. (BY MR. BEXLEY) Did you hear the officer say, 22 A. Yes.
23 "You can't videotape or take pictures here"? 23 Q. Okay. And in that incident, a DART employee,
24 A. Yes. 24 in that case a fare officer, also asked to see a DART
25 (VIDEO PLAYED ON LAPTOP COMPUTER.) 25 fare pass from the individual who was filming, correct?
109 111
1 Did I read that correctly? 1 Administrative Employment Manual and did not refrain
2 A. Yes. 2 from activity which was illegal or could reflect
3 Q. And so it sounds like Officer Branch took the 3 negatively on DART when she made various inconsistent or
4 initiative to contact the photographer, and it was not 4 mistaken statements on her DART Police incident report,"
5 part of her required duties at that time, right? 5 and there's a number, "and made the arrest of Avi
6 A. Correct. 6 Adelman for criminal trespass."
7 Q. And if you'll flip to the next page -- no, I'm 7 Did I read that correctly?
8 sorry, to the one ending in 006. Are you there? 8 A. Yes.
9 A. Yes. 9 Q. And so DART's finding is that Officer Branch's
10 Q. And there's a heading at the bottom that says 10 arrest of Avi Adelman was illegal?
11 "Conclusion"? 11 A. Yes.
12 A. Yes. 12 Q. And then if you flip to the next page, DART
13 Q. The first sentence, "After careful review of 13 00008, it says, "Based on the preponderance of evidence
14 interviews and all documents available, DART Police 14 the alleged complaint is sustained," right?
15 policy violations were committed. There is sufficient 15 A. Yes.
16 evidence that shows Officer Branch did violate DART 16 Q. So Allegation 1 was sustained?
17 Police procedure when she failed to gather enough 17 A. Yes.
18 articulable facts and did not establish probable cause 18 Q. Allegation 2 pertains to the DART Police
19 to effect the arrest." 19 General Order 7.01 Arrest Without a Warrant, right?
20 Did I read that correctly? 20 A. Yes.
21 A. Yes. 21 Q. And this quotes from the probable cause policy
22 Q. Does DART stand by that finding? 22 that we already discussed, right?
23 A. Yes. 23 A. Yes.
24 Q. So it's DART's position that Officer Branch did 24 Q. And then one of the statements that I
25 not have probable cause to effect the arrest of 25 highlighted before, but I want to make sure we see
110 112
1 Mr. Adelman, correct? 1 again, in that first paragraph under "Policy," it says,
2 MR. GAMEZ: Objection, it's -- just 2 "Without probable cause, the arrest is illegal and the
3 objection; facts not in evidence. 3 evidence of criminality that was obtained because of the
4 Q. (BY MR. BEXLEY) Is that DART's position? 4 arrest is inadmissible."
5 A. Yes. 5 A. Okay. You lost me.
6 Q. Flip to the next page, and there's a series of 6 Q. I'm sorry. A couple sentences down after the
7 allegations under -- 7 "Section I. Policy" --
8 A. 007? 8 A. Okay.
9 Q. 007, yes, sir. 9 Q. -- do you see it says "without probable cause"?
10 There's a series of allegations, beginning 10 A. Okay. Now I'm with you.
11 with Allegation 1. Do you see that? 11 Q. Okay. And so it's DART's policy, as reflected
12 A. Yes. 12 in this document, that an arrest without probable cause
13 Q. Allegation 1 relates to the DART Administrative 13 is illegal, right?
14 Employment Manual, Section 9.2, right? 14 A. Yes.
15 A. Yes. 15 Q. And then if you'll flip over to the page ending
16 Q. And then there's a Section E that's excerpted 16 in 009, the first bullet point says, "The evidence
17 out of that down below, and it says, "Conduct which is 17 indicates that Officer Branch did not gather articulable
18 illegal or would reflect negatively on DART, may be the 18 facts and did not establish probable cause to effect the
19 basis for discharge"; is that correct? 19 arrest of Adelman," correct?
20 A. Yes. 20 MR. GAMEZ: I'm going to object. You --
21 Q. Officer Branch was not discharged here, though, 21 I'm sorry, you missed a couple words there.
22 right? 22 MR. BEXLEY: Okay. Let me read it again.
23 A. Correct. 23 A. Let me clarify. You're on -- which bullet are
24 Q. And then the next sentence says, "The evidence 24 you on?
25 indicates that Officer Branch did violate the DART 25 Q. (BY MR. BEXLEY) The very first bullet.
113 115
1 A. Okay. All right. 1 DART's position that Officer Branch's arrest of
2 Q. And the first sentence says, "The evidence 2 Mr. Adelman was an illegal arrest without probable
3 indicates that Officer Branch did not gather enough 3 cause?
4 articulable facts and did not establish probable cause 4 MR. GAMEZ: Same objection; facts not --
5 to effect the arrest of Adelman," correct? 5 facts not in evidence.
6 A. Correct. 6 Go ahead and answer.
7 Q. Okay. Officer Branch's arrest of Mr. Adelman 7 THE WITNESS: Okay. All right.
8 then was an illegal arrest without probable cause, 8 A. Again, to answer your question, yes, without
9 correct? 9 going into anything else.
10 MR. GAMEZ: Objection. Objection, 10 Q. (BY MR. BEXLEY) Thank you.
11 misstates the facts. 11 And so down below, it says, "Based on the
12 Q. (BY MR. BEXLEY) Is that DART's position? 12 preponderance of evidence the alleged complaint is
13 A. I'm sorry. Were you asking me a question to 13 'Sustained.'"
14 this statement or -- 14 Do you see that?
15 Q. I'm asking you, based on what we just read on 15 A. Where are you reading from?
16 the prior page, that an arrest without probable cause is 16 Q. Right before it gets to Allegation 3.
17 illegal, and what we just read on this bullet point, 17 A. Okay. All right.
18 that Officer Branch arrested Mr. Adelman without 18 Q. Do you see that?
19 probable cause, is it DART's position that Officer 19 A. Yes.
20 Branch's arrest of Mr. Adelman was an illegal arrest 20 Q. And so DART sustained the violation of DART's
21 without probable cause? 21 probable cause policy, right? That's what this
22 MR. GAMEZ: Same objection. 22 allegation pertains to?
23 A. I agree with the statement that's written, yes. 23 A. The arrest without warrants, yes.
24 Q. (BY MR. BEXLEY) Okay. Is it DART's position 24 Q. Right.
25 that the arrest of Officer Branch was an illegal -- I'm 25 A. Yes.
114 116
1 sorry. Let me withdraw the question. 1 Q. I'm calling it a "probable cause policy." It's
2 Is it DART's position that Officer Branch's 2 technically called "arrest without warrants," right?
3 arrest of Mr. Adelman was an illegal arrest without 3 A. Okay. Yes.
4 probable cause? 4 Q. Okay. So I'll ask it with that phrasing.
5 A. Again, I -- and I think I'm agreeing with you. 5 A. Okay.
6 I agree with the statement here as written, as the DART 6 Q. Officer -- or DART's finding was that Officer
7 representative, and in agreement with what's in the 7 Branch violated DART's policy on arrests without
8 report. 8 warrants, correct?
9 Q. Do you agree with my question as I phrased it? 9 A. Yes.
10 A. As you phrased your question, I would be -- if 10 Q. Is it DART's position that an officer in
11 I answer it, I would be having to go back to an answer 11 Officer Branch's position would be reasonable in
12 that I previously gave to you. 12 arresting Mr. Adelman?
13 But having the report in front of me, yes, 13 A. I'm going to answer the question, but I'm not
14 I concur with what's written here with the report. 14 sure I'm answering the question that you're looking for,
15 Q. You understand that as a litigant, I'm -- an 15 because, again, when we refer to "arrest" -- And in this
16 attorney representing a litigant, I'm entitled to ask 16 particular case, your question is: Was the arrest
17 questions in discovery as I see fit? You understand 17 appropriate? And I say yes, the arrest was appropriate.
18 that, right? 18 MR. BEXLEY: I'm going to object as
19 A. Yes. 19 nonresponsive, because my question is a little bit
20 Q. And you understand that as DART's corporate 20 different.
21 representative, whether you agree with the way the 21 MR. GAMEZ: He's answering your question.
22 question's phrased or not, you're obligated to answer it 22 MR. BEXLEY: Well, that's your opinion.
23 truthfully and to the best of your knowledge, correct? 23 That's fine.
24 A. Yes. 24 Q. (BY MR. BEXLEY) I'm going to ask it again.
25 Q. With that in mind, I will ask you again: Is it 25 Would an officer similarly situated to
6 8
1 PROCEEDINGS 1 of those, there are also other people designated as
2 (Media 1.) 2 corporate representatives; is that correct?
3 THE VIDEOGRAPHER: This begins the 3 MR. GAMEZ: That is correct, except for
4 videotaped deposition of Dallas Area Rapid Transit 4 the ones that have a compound sentence; for example,
5 corporate representative Morgan Lyons. We are on the 5 like number 13 and 14 that -- that have to do with
6 record at 9:23 a.m. Today is Wednesday, April the 6 First Amendment or Fourth Amendment and the right to
7 19th, 2017. This is the beginning of tape 1. 7 photograph, that's either a combination of either DART
8 We are here on behalf of Avi Adelman with 8 police and Mr. Lyons, but he is able to talk about the
9 Reese Gordon Marketos. This deposition is located at 9 photograph, both the commercial and -- and DART's
10 1401 Pacific Avenue, Dallas, Texas, 75202. This is 10 photography on there, so some of those are split.
11 the case of Avi S. Adelman versus Dallas Area Rapid 11 MR. BEXLEY: Other than that, by the
12 Transit, et al, Cause Number 3:16-cv-2579, in the 12 Rules?
13 United States District Court, Northern District of 13 MR. GAMEZ: That's fine.
14 Texas, Dallas Division. 14 THE VIDEOGRAPHER: Will the reporter
15 The reporter is Kim Dickman and I am 15 please swear in the witness?
16 Randall Myers, the videographer. We are with Dickman 16 MORGAN LYONS,
17 Davenport, 3131 Turtle Creek Boulevard, Suite 320, 17 having been first duly sworn, testified as follows:
18 Dallas, Texas, 75219. 18 EXAMINATION
19 Will counsel and all those present please 19 BY MR. BEXLEY:
20 state their appearances for the record? 20 Q. Will you please state your full name for the
21 MR. BEXLEY: Tyler Bexley, I represent 21 record?
22 the plaintiff, Avi S. Adelman, and with me is my 22 A. Morgan Joe Lyons.
23 client, Avi S. Adelman. 23 Q. What is your work address, Mr. Lyons?
24 MR. GAMEZ: Gene Gamez for Dallas Area 24 A. 1401 Pacific, Dallas, 75202.
25 Rapid Transit, and for the record, we -- we have -- 25 Q. How are you employed?
7 9
1 the -- the representative today is Morgan and his last 1 A. I'm assistant vice president of external
2 name is Lyons, L-Y-O-N-S. 2 relations at Dallas Area Rapid Transit.
3 MS. BISHKIN: My name is Jane Bishkin. I 3 Q. Have you ever given a deposition?
4 represent co-defendant Stephanie Branch. 4 A. Yes.
5 MS. LEWIS-BRYANT: My name is Janet 5 Q. About how many times?
6 Lewis-Bryant. I'm assistant general counsel to Dallas 6 A. Once, that I recall, several years ago.
7 Area Rapid Transit. 7 Q. Was that in connection with a DART
8 THE VIDEOGRAPHER: Will counsel please 8 proceeding?
9 state all agreements and stipulations for the record? 9 A. Yes.
10 MR. BEXLEY: We have agreed to maintain 10 Q. And what was the nature of that case, if you
11 the confidentiality of this deposition until the 11 recall?
12 conclusion of trial or unless it's necessary to file 12 A. My recollection's probably ten, 12 years ago
13 some portion of the deposition excerpts in the public 13 was a wrongful termination case.
14 record. Does that state our agreement accurately? 14 Q. Do you recall the name of the plaintiff in
15 MR. GAMEZ: Yes. 15 that case?
16 MR. BEXLEY: And then I, Tyler Bexley for 16 A. Ken Mercer.
17 the plaintiff, I wanted to note which topics the 17 Q. Were you designated as a DART corporate
18 parties have agreed would be covered of the corporate 18 representative or were you simply giving an individual
19 representative deposition topics, and I have -- that 19 deposition in that case?
20 Mr. Lyons will be the Dallas Area Rapid Transit 20 A. I don't recall.
21 corporate representative on topic numbers 7, 9, 12, 21 Q. On that issue, do you understand the
22 13, 14, 15, 21, 24 with respect to public relations 22 distinction between giving an individual deposition
23 and media-related admissions and denials; 26 with 23 and a deposition as DART's corporate representative?
24 respect to public relations and media-related 24 A. That is correct, I do, yes.
25 discovery; 27, 28 and 29. And with respect to certain 25 Q. And you understand that on some of the topics
14 16
1 statement, correct? 1 officers responding to that. I don't recall that I
2 A. That's correct. 2 had names at that time.
3 Q. And you began that statement with, we have 3 Q. Okay. You also wrote in there on the third
4 reviewed the exchange. Do you see that? 4 sentence, "Dallas Fire Rescue asked him to move and
5 A. Yes. 5 asked us to ask him to move several times. He failed
6 Q. So by this time, you had touched base with 6 to comply and that's why he was arrested."
7 somebody or spoken with somebody inside of DART who 7 Do you see that?
8 had had a chance to review the incident with 8 A. I do.
9 Mr. Adelman, correct? 9 Q. And the "he" you're referring to and the
10 A. That is correct. 10 "him" you're referring to there is Avi Adelman?
11 Q. And to formulate DART's position at that 11 A. That is correct.
12 time, correct? 12 Q. So as of February 10th, 2016 at 5:21 p.m., it
13 A. Yes. 13 was DART's position that Dallas Fire Rescue asked
14 Q. And you stated, we have reviewed this 14 Mr. Adelman to move from the scene?
15 exchange and believe the officers acted properly; did 15 A. That was the information provided to me, yes.
16 I read that correctly? 16 Q. And that Mr. Adelman failed to comply and was
17 A. Yes. 17 arrested as a result?
18 MR. GAMEZ: I'm going to object to 18 A. That was the information provided to me, yes.
19 leading. 19 Q. You now know that that information is not
20 MR. BEXLEY: It's -- it's an adverse 20 correct; isn't that right?
21 witness. 21 A. I believe so, yes.
22 MR. GAMEZ: That's fine. 22 Q. Did you ever issue a correction or a
23 MR. BEXLEY: Okay. 23 retraction of this statement?
24 Q. (By Mr. Bexley) You -- you wrote, "We have 24 A. Yes.
25 reviewed the exchange and believe the officers acted 25 Q. When -- when did that take place?
15 17
1 properly." Do you see that? 1 A. I believe it would have been February 16th
2 A. Yes. 2 once we received -- or once I received some additional
3 Q. So as of February 10th, 2016 at 5:21, DART 3 information from Dallas Fire Rescue and once I was
4 believes that the officers acted properly in arresting 4 informed by police that the charges were being
5 Mr. Adelman, correct? 5 dropped.
6 A. That was the information presented to me. 6 Q. I'll circle back to some of the documents
7 Q. Is that a yes at that time? 7 with that, but as I understand it, I think you're
8 A. That was the information presented to me. 8 referring to a series of e-mails that you sent
9 Q. As of February 10th at 5:21 p.m.? 9 attaching the letter dropping the charges.
10 A. That is correct. 10 A. That is correct.
11 Q. And you made the statement on behalf of DART, 11 Q. In your cover e-mail to that, did you say I'm
12 correct? 12 retracting the statement that I previously issued?
13 A. That is correct. 13 A. I need to see the e-mail.
14 Q. And when you wrote, "the officers acted 14 Q. Okay. We'll come back and -- and talk about
15 properly," was one of the officers you were referring 15 that in a few minutes then.
16 to Officer Stephanie Branch? 16 Did you ever apologize to Mr. Adelman for
17 A. I did not know that at the time. 17 the inaccurate information that was conveyed in this
18 Q. You know now that she was the arresting 18 statement?
19 officer? 19 A. I provided the information that I was given.
20 A. Yes. 20 MR. BEXLEY: I'm going to object as
21 Q. So it would have been fair for a member of 21 nonresponsive.
22 the media to assume that that included her? 22 Q. (By Mr. Bexley) My question's a little bit
23 A. I don't know that. 23 different. It's did you ever apologize to Mr. Adelman
24 Q. Which officers were you referring to? 24 for the inaccurate information that was presented in
25 A. My understanding was there were multiple 25 this statement?
18 20
1 A. My answer is the same, I provided the 1 question and that I'm going to reserve the right to go
2 information that I was given. I communicated an 2 to the court and seek attorneys' fee sanctions for
3 e-mail copy of the letter that Mr. Adelman received, a 3 having to come back and do this again.
4 physical copy, I -- I provided that actually before 4 Q. (By Mr. Bexley) How long have you been with
5 the letter was sent. 5 DART, sir?
6 MR. BEXLEY: Objection, nonresponsive. 6 A. 20 years.
7 Q. (By Mr. Bexley) Do you understand the 7 Q. What was your first position there?
8 question I'm asking? 8 A. Media relations representative.
9 A. Yes. 9 Q. Is that -- who did you report to at that
10 Q. My question is not whether there's an excuse 10 time?
11 for why this information was provided or there's an 11 A. At that time, I believe the title was -- the
12 explanation for it. It's a very simple question. Did 12 person I reported to was either director of
13 you ever apologize to Mr. Adelman for the inaccurate 13 communications or manager of communications.
14 information that was conveyed in this e-mail? 14 Q. Is it fair to say that that was a lower down
15 A. Again, anytime someone's arrested or we have 15 position than you are today?
16 to -- to act in this fashion to arrest someone, it's 16 A. That is correct.
17 an unfortunate series of events. I communicated our 17 Q. Was that an entry level media position?
18 response to him that the charges would be dropped. 18 A. No, sir.
19 That's the information that I communicated to the 19 Q. You had people below you?
20 media who asked about it. 20 A. No, not at the time, I had no staff reporting
21 Q. Sir, this -- we're going to be here a long 21 to me at that time.
22 time and -- and probably going to be back here with an 22 Q. So what -- what -- you said 20 years, so what
23 order from a judge for another deposition if I can't 23 year would that have been when you --
24 get answers to my questions. So I'm going to try it 24 A. 1996, November of '96.
25 again because I still haven't heard you say yes, I 25 Q. How many different positions have you held at
19 21
1 apologized or, no, I didn't apologize. So let me -- 1 DART over that time?
2 let me try to ask it as simply as possible. 2 A. Probably four or five different promotions.
3 Have you ever apologized to Mr. Adelman 3 Q. And to the best of your recollection, what
4 for the inaccurate information that was conveyed in 4 are those four or five different positions you've
5 this e-mail? 5 held?
6 A. I believe I provided the correct information 6 A. Senior media relations representative,
7 that I had at the time. 7 manager of media relations, senior manager of media
8 Q. Have you ever apologized to Mr. Adelman for 8 relations, director of media relations, and then my
9 the information conveyed in this e-mail? 9 current position.
10 A. I believe I provided the information that I 10 Q. And just briefly, what are the differences
11 had at the time. 11 between those various positions?
12 Q. Okay. We're going to come back and do this 12 A. My initial position was truly focused just on
13 again, I'm sure. 13 media relations work. Over time we added Internet
14 You've never apologized to Mr. Adelman; 14 responsibilities, added some staff there. Also at
15 is that correct? 15 different times was responsible for internal
16 A. I believe I provided the information that I 16 communications, audio/visual publications. Most
17 had at the time. 17 recently added -- no longer have internal
18 Q. Why are you not answering my question, sir? 18 communications; added community engagement, community
19 A. Sir, I have answered your question. 19 relations to that, along with publications and then
20 Q. Did you say you apologize to Mr. Adelman? 20 all social digital media.
21 A. I believe I provided the information that I 21 Q. In your current role, are you the senior-most
22 had at the time. 22 person over media relations?
23 Q. All right. 23 A. Yes.
24 MR. BEXLEY: I'm going to state for the 24 Q. Who do you report to?
25 record that I've not received an answer to the 25 A. I have two direct reports, one in -- in that
126 128
1 Mr. Adelman, correct? 1 the media, correct?
2 A. Yes, I did. 2 A. That is correct.
3 Q. You reviewed it before you sent it? 3 Q. Do you recall those e-mails, where you sent
4 A. Yes. 4 them?
5 Q. You read it and presumably understood it 5 A. Yes.
6 before you sent it? 6 Q. Okay. You essentially said the charges have
7 A. That is correct. 7 been dropped, here's a letter?
8 Q. Okay. So what did you understand the 8 A. Yes.
9 policies that were violated if you're now saying he 9 Q. You didn't provide any commentary or
10 was allowed to take photographs? 10 editorializing on that?
11 A. That he would -- he was allowed to take 11 A. I don't recall that I did.
12 photographs. He took several of them because he sent 12 Q. You never told any member of the media, for
13 them to us. 13 example, our account of what happened between the
14 Q. So -- and so -- 14 paramedics and Mr. Adelman was inaccurate?
15 A. He should not have been cited for criminal 15 A. I would need to see the e-mails again, I'm
16 trespass. 16 sorry.
17 Q. Mr. Adelman's arrest was a violation of the 17 Q. Do you have any recollection of having said
18 photography policy, correct? 18 that?
19 MR. GAMEZ: Objection, that's a legal 19 A. I -- no, not off the top of my head, no, sir.
20 conclusion. 20 Q. And I -- I think we -- well, we tried to
21 A. I don't know that. 21 establish, but I didn't get an answer, you never have
22 Q. Well, you just said he shouldn't have been -- 22 apologized to Mr. Adelman, correct?
23 A. He was cited -- he was cited for criminal 23 A. I believe the answer that I provided on the
24 trespass. 24 16th speaks to us removing the -- removing the
25 Q. You just said he shouldn't have been cited 25 charges.
127 129
1 for criminal trespass. 1 Q. I just want to give you an opportunity to
2 A. He should not have, that is correct. 2 answer that question so we don't have to come back
3 Q. What policy did he violate? 3 here. I'm going to ask you again: Did you apologize
4 A. They're separate -- 4 to Mr. Adelman for the statements reflected in your
5 MR. GAMEZ: I'm going to -- I'm going to 5 comments to members of the media?
6 object to speculation on -- on -- on he knows 6 A. We informed the media that the information we
7 whether -- speculation as to the criminal trespass and 7 had was incorrect and we provided them updated
8 he's not -- he's not the designated -- proper 8 information, including our decision to drop the
9 corporate rep for that question. 9 charges.
10 A. Yeah, I can't speak to that. 10 Q. Is it difficult for you to apologize to
11 Q. (By Mr. Bexley) Okay. Well, you've already 11 somebody?
12 testified that he shouldn't have been arrested for 12 A. Again, I believe I've answered your question.
13 criminal trespass. I want to know the basis for that 13 Q. Is it difficult for you to apologize to
14 statement. What is the violation or what is the 14 somebody?
15 reason he should not have been arrested for criminal 15 A. No.
16 trespass? 16 Q. Is it difficult for you to discuss whether
17 A. He should have been allowed to continue 17 you've apologized to somebody?
18 taking photos. 18 A. No.
19 Q. Under what policy? 19 Q. Have you apologized to Mr. Adelman for the
20 A. Our photography policy. 20 comments that you made in e-mails to members of the
21 Q. Do you know what Chief Spiller meant when he 21 media?
22 wrote, although the officer's actions appear to be 22 A. We provided information based on the -- the
23 within her authority? 23 reports we had at the time; that information changed
24 A. No. 24 once we received additional information; that
25 Q. You sent this same letter on to members of 25 information was shared with the same media who made
130 132
1 inquiries initially about his arrest. 1 Q. I want to -- I think it's really important
2 Q. Don't you think the jury has the right to 2 for the jury to get an understanding of a -- a
3 know whether you apologized to Mr. Adelman? 3 timeline of how things happened, so I want to back up
4 A. Again, the -- we provided updated 4 and go back through the incident as well as your
5 information, corrected information to the media who 5 interactions with the media and then this dismissal
6 made inquiries about his arrest. 6 and just make sure we have the dates all correct.
7 Q. Don't you think the jury has a right to know 7 A. Okay.
8 whether you apologized -- 8 Q. So on February 9th, 2016, sometime in the
9 MR. GAMEZ: I'm going to object -- 9 evening, Officer Branch and other DART officers
10 MR. BEXLEY: Let me finish my question, 10 arrested Mr. Adelman, correct?
11 please. 11 A. That is my understanding.
12 MR. GAMEZ: I'm sorry. 12 Q. On February 10th, 2016, at 7:32 a.m., we
13 Q. (By Mr. Bexley) Don't you think the jury has 13 looked at an e-mail where Mr. Spiller, Chief Spiller
14 the right to know whether you apologized to 14 instructed his staff to review the incident before
15 Mr. Adelman? 15 responding to you?
16 MR. GAMEZ: Object, asked and answered. 16 A. That is correct.
17 A. I believe I've answered your question several 17 Q. On February 10th, 2016, at 5 -- I'm sorry, at
18 times, sir. 18 2:11 -- 2:29 p.m., you issued the first public
19 Q. (By Mr. Bexley) That's the only answer 19 statement on behalf of DART relating to the arrest of
20 you're going to give? 20 Mr. Adelman?
21 A. Yes, sir. 21 A. Correct.
22 Q. Okay. So as of February 16th, 2016 when 22 Q. And you issued another statement that same
23 DART -- or when you forwarded that letter from DART to 23 day to Mr. Miles at 5:20 p.m., correct?
24 Mr. Adelman, DART had determined that the arrest was 24 A. Correct.
25 not proper, correct? 25 Q. And at some point you later made additional
131 133
1 A. Yes. 1 statements on -- on later days, February 11th and
2 Q. And DART had determined that the original 2 12th, 2016, correct?
3 statements issued to the media were not accurate -- 3 A. Correct.
4 A. Correct. 4 Q. And the statements were substantially similar
5 Q. -- right? 5 to the effect the officers acted properly and that DFR
6 What happened in the intervening time 6 had instructed Mr. Adelman to move, correct?
7 between your last statement on February 13th, 2016 and 7 A. Correct.
8 this dismissal of charges on February 16th, 2016? 8 Q. And on February 12th, 2016, are you aware
9 A. I -- I don't recall in -- in my particular 9 that Chief Spiller initiated an investigation into
10 area, I don't recall anything other than getting a 10 Officer Branch and indicated that the audio recordings
11 call from Jason Evans and I can't recall if that 11 indicate the arrest may not have been proper?
12 was -- let's see, I think the 16th is probably a 12 A. I am not.
13 Friday. I don't recall, but a day or so before that; 13 (Exhibit No. 25 marked.)
14 might have even be the same day I received a 14 Q. (By Mr. Bexley) Handing you a document
15 communication from Mr. Evans. 15 marked as Exhibit 25. Have you seen this document
16 Q. Was the statement from Mr. Evans the basis 16 before?
17 for DART's decision? 17 A. I -- I can't recall, I'm sorry.
18 A. I do not know that. You would need to ask 18 Q. Okay. This was an Interoffice Memorandum
19 Chief Spiller. 19 from DART Police; do you see that?
20 Q. You weren't involved in that decision? 20 A. Yes.
21 A. No. 21 Q. And it's dated February 12th, 2016?
22 Q. Mr. Lyons, are you personally aware of any 22 A. Yes.
23 new information, other than what Mr. Evans provided, 23 Q. And it is from Chief James Spiller, correct?
24 that would have changed DART's decision? 24 A. Correct.
25 A. I am not. 25 Q. The subject is Avi Adelman Arrest - Officer
142 144
1 and I'd make a phone call and it's taken care of. 1 A. Our dispatch center, train control centers.
2 Q. Can you tell the jury any specific dates or 2 Q. What about out on public platforms?
3 names of people that have made those complaints? 3 A. Platforms, no.
4 A. I cannot. It's very infrequent. 4 Q. You -- you're certain of that?
5 Q. About how many times, can you recall? 5 A. Yes.
6 A. I think I had said earlier maybe a half a 6 MR. GAMEZ: Can you put on Exhibit 27, do
7 dozen times a year. That -- again, I don't keep track 7 you know when that photo was taken, do you have a
8 of that. 8 context for that photo? It just says April 11th. It
9 Q. Okay. 9 doesn't have a year up there.
10 A. We typically deal with it in the moment and 10 MR. BEXLEY: I'm going to say probably
11 rarely, if ever, have any issues. 11 2014, but I don't know for certain.
12 Q. Are you aware of any other arrests or 12 (Exhibit No. 28 marked.)
13 trespass warnings that were issued to either members 13 Q. (By Mr. Bexley) Handing you a document
14 of the media or members of the public who were taking 14 marked as Exhibit 28. This is an Administrative
15 pictures on DART property? 15 Policy/Procedure and it's numbered ADM-34 from DART.
16 A. I am not. 16 A. Yes.
17 Q. Have you done any research into whether 17 Q. Do you see that?
18 that's happened before? 18 A. Uh-huh.
19 A. I have not. 19 Q. And its effective date is May 3rd, 2004?
20 Q. You don't know one way or the other? 20 A. Correct.
21 A. That is correct. 21 Q. Its subject matter is Reasonable Regulation
22 Q. Who at -- at DART would be the appropriate 22 of Expressive Activity on DART Owned or Operated
23 person to ask about that? 23 Property; does -- did I read that correctly?
24 A. Perhaps police who would keep records of 24 A. Yes.
25 arrests. 25 Q. What is this -- this document?
143 145
1 Q. DART's property is public property, correct? 1 A. It relates to expressive activities. We will
2 A. That is correct. 2 have individuals who wish to pass out leaflets or
3 Q. Are those -- well -- 3 information and use our stations' public areas to do
4 (Exhibit No. 27 marked.) 4 that.
5 Q. (By Mr. Bexley) I'm handing you a document 5 Q. Is this policy currently in effect?
6 marked as Exhibit 27. Yours is a color copy. The 6 A. Yes.
7 rest are black and white. 7 Q. If you'll jump down to the bottom of the
8 A. Okay. 8 page, there's a -- front page, there's a section
9 Q. Do you recognize the signs that say No 9 called DART Property Other Than Inside A Vehicle.
10 Photography Allowed Without Authorization? 10 A. Yes.
11 A. Yes. 11 Q. I presume that means platforms, stations,
12 Q. Are these the signs -- or the locations you 12 that type of thing?
13 were referring to before, the Cityplace and I think 13 A. That is correct, yes, sir.
14 there was one other one? 14 Q. And subsection B says, expressive activity,
15 A. Convention Center. The top one I know is 15 including but not limited to, the distribution of
16 Cityplace. I believe the bottom one may be as well. 16 hand -- by hand of leaflet-type information material
17 Q. Okay. Are these signs still in place today? 17 to the public or displaying placards, posters or signs
18 A. No. 18 on DART property, other than inside a DART vehicle,
19 Q. But you don't know when they were taken down? 19 may be allowed with prior approval as to time, content
20 A. No. 20 and place by the President/Executive Director or his
21 Q. Are these signs -- or do these signs exist at 21 designee. Any persons engaging in such act -- in any
22 any DART property today? 22 such activity without prior approval will be subject
23 A. In some of the safety sensitive areas. 23 to removal from the premises by the DART Transit
24 Q. What -- what would that be? What would a 24 Police; did I read that correctly?
25 safety sensitive area be? 25 A. Yes.
146 148
1 Q. And so what -- whatever expressive activity 1 Q. For example, if somebody wanted to come and
2 is, it's only permitted at DART stations with prior 2 protest the DART police and the executive director
3 approval, correct? 3 didn't like that, he would be free to -- to stop or
4 A. That is correct. 4 not approve that?
5 Q. And it says, "may be allowed," correct? 5 A. That likely would not happen. We have had
6 A. That is correct. 6 protestors around here before.
7 Q. So that's at the discretion of the president 7 Q. But under this policy he would have the
8 or executive director or his designee? 8 discretion to do that?
9 A. That is correct. 9 A. Would have the discretion, but highly
10 Q. So, for example, if somebody wanted to have a 10 unlikely that would happen. We have protestors in and
11 rally or a protest, they would have to get prior 11 around this building.
12 approval from the president or his designee? 12 MR. BEXLEY: I'll object as nonresponsive
13 A. That is correct. 13 to everything after "discretion."
14 Q. Or if somebody wanted to make a public speech 14 Q. (By Mr. Bexley) Now, who is the per -- who
15 at DART, they would have to get permission from the 15 is the president/executive director or his designee
16 executive director or his designee? 16 for purposes of this policy?
17 A. Correct. 17 A. Gary Thomas is the president/executive
18 Q. And he could withhold that approval at his 18 director. I'm his designee.
19 discretion? 19 Q. So -- oh, so you're the person who would make
20 A. That is correct. 20 the decision?
21 Q. And do you happen to know what criteria he 21 A. That is correct.
22 uses to decide whether or not to allow expressive 22 Q. Do you have to consult with Mr. Thomas or are
23 activity? 23 you allowed to make the decision on your own?
24 A. It typically is -- controls -- or relates to 24 A. I am allowed to make that decision.
25 access to the facility, the ability of customers to 25 Q. How many times have you rejected or declined
147 149
1 use the -- the property. We have a number of 1 a -- a request for expressive activity?
2 religious groups who like to pass out literature and 2 A. Probably in the -- since 2004, maybe not even
3 so we will work with them to make sure that we don't 3 a half dozen.
4 have three different, for example, Jehovah's Witnesses 4 Q. But it's happened before?
5 groups on the same platform at the same time. 5 A. Yes.
6 Typically very productive relationships. 6 Q. And how many times, if you know, has somebody
7 We will also work with some groups who 7 been cited for criminal trespass or removed from the
8 choose to provide information where we might have a 8 premises for not having permission?
9 potential conflict or someone who says, I want to set 9 A. I do not know that anyone has ever been cited
10 up a large table, you couldn't do that, say, for 10 for criminal trespass. Most often if the -- and a lot
11 example, at the Akard station. It would simply block 11 of the people we work with will carry a copy of -- of
12 access. 12 this policy in an e-mail exchange documenting that.
13 Q. Does DART ever reject requests based on the 13 The police will ask them if they don't have that
14 content of what they want to protest or discuss? 14 information. Typically they will call me or they'll
15 A. We have in the past and it's simply a -- a 15 come down here, and then we'll make arrangements for
16 matter of some of the material we have people might 16 them to come back at a later date once we're able to
17 find objectionable. We have had organizations want to 17 notify police in our operations.
18 provide photos of simulated rapes or of animal parts 18 Q. So people have been -- or groups have been
19 or something like that. Again, we're a transit 19 removed and told that they cannot engage in expressive
20 agency. We're trying to cooperate with multiple 20 activity because they didn't have approval at that
21 agents of folks and some of that material may be 21 time?
22 offensive. 22 A. And they may not participate -- engage in it
23 I don't believe we have ever had a group 23 at that moment. I don't know that -- again, there's a
24 that didn't provide some alternative communication 24 possibility of over the last 13 years, there may have
25 ultimately. 25 been a few that have not been allowed. Quite often,
DART Police
Office of Professional
Standards
Involved Member(s):
Stephanie Branch
Complainant(s):
DART Police Department
DART000001 APP. 42
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DART Police
Office of Professional
Standards
-"""'""
Signatures AR/IA Date
DART000002 APP. 43
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ALLEGATIONSSU~Y
On February 12, 2016, the DART Police Department's Office of Professional Standards
(OPS) received a written complaint from Chief Spiller to conduct an investigation into
the arrest Avi Aldeman by Officer Stephanie Branch #331 at the DART's Rosa Parks
Plaza.
'
On February 1'2, 2016, the DART Police Department's Office ofProfessional Standards,
was authorized to initiate an Internal Affairs Investigation. On February 14, 2016, Officer
Roy Wilt # 100 was assigned to investigate the incident in accordance with General Order
2.02 "Allegations ofMisconduct."
RELEVANT FINDINGS
On February 09, 2016, at about 8:20P.M., Officers Stephanie Branch #331, Robert Craig
#411, and Elmar Lee Cannon #428 were working foot patrol in the DART's Central
Business District at DART's Rosa Parks Plaza.
A patron advised Officer Craig that a man was passed out at the southeast comer of Rosa
Parks Plaza. Craig observed a Hispanic male lying on the ground passed out. Dallas Fire
and Rescue (DFR) #18 arrived while Craig was trying to wake the subject up. Officers
Branch and Cannon arrived on scene and the Dallas Fire and Rescue (DFR) paramedics
were able to wake the man up.
Officer Craig stated that he heard DFR personnel say "There's a man taking
pictures. " (See Tab #7)
Officer Cannon stated that he heard DFR personnel advised Cannon and Craig to
be aware that there is someone taking pictures. (See Tab#8)
DFR Public Information Officer James L. Evans stated, "We have spoken with all
DFR members who re~ponded to the incident at which Mr. Adelman was arrested,
and they contend that at no point were any requests made to ask Mr. Adelman to
leave the scene and/or stop taking pictures. In addition there were no requests
made to officers to ask him to leave the scene and/or stop taking pictures. That
said, we believe the alleged request(s) of our members is irrelevant as it relates to
the big picture of Mr. Adelman being arrested. DFR understands and respects the
rights of anyone to be at the scenes, and taking documentation, of any incident to
which we respond. While we reserve the right to kindly ask someone to stop
taking pictures, in no way (provided that they are not interfering with operations
or putting themselves or others in danger, among other reasons) can we make
them stop. "
Officer Branch stated that she heard DFR personnel say "Hey guys that man is
taking pictures moving too close, beware. Keep him back and away .from our
scene as we try to treat this man. " (See Tab #3)
1
DART000003 APP. 44
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At some point Branch called for Dallas Police to come to the scene. Branch's
questionnaire # 11.) Why did you call for Dallas Police? Why did you ask them for
an Officer's assistance? (See Tab #6)
I called Dallas for assistance with Avi Adelman and to help inform A vi
Adelman that his behavior and actions were interfering with the medical
treatment. I needed help with controlling Avi Adelman actions at the
medical perimeter. He was being aggressive and disobeying police
instructions. The other officers were at my last view struggling wit the
white male that was waking up. I needed help and more information on
property, jurisdiction and authority. In regard to A vi Adelman and who is
going to take care and custody of the white male after treatment.
This statement leads one to believe Adelman must have been out in the street and in
Dallas Police jurisdiction.
Officer Branch took it upon herself to make contact with the photographer. Branch used
Professional Presence and Verbal Dialogue and Commands and advised the
photographer (Adelman) that he needed to leave and he could not take pictures while
someone was receiving medical treatment. (Branch Audio Recording Tab#20)
Adelman used Non-Verbal and Verbal Non-Compliance refused to leave and began
arguing with Branch, telling her HIPPA does not apply here, which escalated the incident
into a verbal confrontation. Adelman attempted to use Defensive Resistance and started
to walk away from Branch.
Branch continued using Verbal Dialogue and Commands by telling Adelman to Stop,
Stop, yelling commands for Adelman to stop and to ID himself. Branch used Soft Empty
Hand Control by grabbing Adelman's wrist and attempting to take him into custody.
Adelman continued to escalate the incident and used Defensive Resistance by pulling
away from Branch stating he was just scratching his head. (See Tab#20)
DART Officer Dontrey Fleming arrived on the scene and Adelman complied with the
officer's commands. Branch arrested Adelman for criminal trespass.
Reasonable suspicion is a standard which allows a police officer to stop and briefly detain
a person if, based upon the officer's training and experience, there is reason to believe
that the individual is engaging, about to engage, or has engaged in criminal activity. The
officer is given the opportunity to stop the action by stepping in to investigate. Unlike
probable cause that uses a reasonable person standard, reasonable suspicion is based upon
2
DART000004 APP. 45
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Based on the evidence Officer Branch's first contact with Adelman was walking over and
telling him to leave because he cannot take photographs of people while receiving
medical treatment or HIPPA. (See Tab #20)
A review of the police report #DTC16000489 Branch wrote indicate various inconsistent,
unverifiable or uncorroborated statements. Based on the totality of circumstance
involving this arrest, the chain of command after reviewing the criminal trespass offense
against Adelman and voided the criminal trespass warning. (See Tab #26)
Referring to what she was told by DFR in DART Police Report DTC1600489
Officer Branch Stated The Following, (See Tab #2)
l)"DFD #28 fire fighters and Captain stated, hey guys that man is taking pictures and
moving too close, beware. Keep him back and away from our scene as we try to treat this
man.
DFR Public information Officer James L. Evans stated, "We have spoken with all
DFR members who responded to the incident at which Mr. Adelman was arrested,
and they contend that at no point were any requests made to ask Mr. Adelman to
leave the scene and/or stop taking pictures. In addition there were no requests
made to officers to ask him to leave the scene and/or stop taking pictures. That
said, we believe the alleged request(.s) of our members is irrelevant as it relates to
the big picture ofMr. Adelman being arrested DFR understands and respects the
rights of anyone to be at the scenes, and taking documentation, of any incident to
which we respond While we reserve the right to kindly ask someone to stop
taking pictures, in no way (provided that they are not interfering with operations
or putting themselves or others in danger, among other reasons) can we make
them stop. "
Branch's response to question 19 gives an indication of her thought process on the scene.
19.) According to your voice recording, when you initially made contact with
Adelman you tell him he cannot take pictures at the scene. Were you protecting the
patient's dignity, respect and HIPPA laws or was Adelman interfering with the
scene?
Yes that was my action. And I wanted a safe distance away from the white male
receiving medical treatment. I was trying my best to protect the patient's dignity, respect
and HIPPA laws.
A vi Adelman interfered when he tries to get pass me and gain access to the medical
scene. A vi Adelman would walk up to me and I would ask him to move back. I told him
no several times. His goal was to get close up pictures which would involve him getting
direct access to the white male's medical information, medical condition information and
3
DART000005 APP. 46
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 47 of 187 PageID 1175
personal information. Avi Adelman was interfering when seeks to gain very close access
to the police officer's and paramedics without their knowledge. Avi Adelman was also a
safety and security risk when he kept trying to get access without the knowledge of police
or paramedics. Informed Avi Adelman he could take pictures at 6 feet or the street area.
A vi Adelman kept approaching me after being told to stay back. Avi Adelman could take
pictures ifhe stayed back. Avi Adelman kept trying to pass me to take pictures. Told
Avi Adelman he could take pictures but not in side the perimeter.
Sergeants T. and H. Hutchins and other officers who assisted with the arrest were not at
the location and did not witness the incident that had occurred between Officer Branch
and Adelman and could only rely on "good faith" that the information given to them by
officer Branch was true and accurate.
"We have spoken with all DFR members who responded to the incident at
which Mr. Adelman was arrested, and they contend that at no point were
any requests made to ask Mr. Adelman to leave the scene and/or stop
taking pictures. In addition there were no requests made to officers to ask
him to leave the scene and/or stop taking pictures. That said, we believe
the alleged request(s) of our members is irrelevant as it relates to the big
picture of Mr. Adelman being arrested. DFR understands and respects the
rights of anyone to be at the scenes, and taking documentation, of any
incident to which we respond. While we reserve the right to kindly ask
someone to stop taking pictures, in no way (provided that they are not
interfering with operations or putting themselves or others in danger,
among other reasons) can we make them stop."
Conclusion
After careful review of interviews and all documents available, DART Police
policy violations were committed. There is sufficient evidence that shows Officer
Branch did violate DART Police procedure when she failed to gather enough
articulable facts and did not establish Probable Cause to effect the arrest.
Adelman was taking pictures of an emergency medical scene which is his right
according to DART's Photography Policy. (See Tab#4) Adelman was not
breaking any laws and would not lead a reasonable person to believe that he was
committing a crime or had committed a crime or about to engage in committing a
crime. Branches initial interaction with Adelman was based on her mistaken
belief of HIPPA and therefore the arrest of Adelman for criminal trespass was not
4
DART000006 APP. 47
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 48 of 187 PageID 1176
Classification of Complaint
All employees are to exhibit standards of personal conduct and to avoid conflict of
interest or the appearance of conflicts of interest. The following list includes some, but
not all, of the actions that provide cause for corrective and/or disciplinary action.
Disciplinary action may include reprimand, suspension, demotion or discharge.
E. Conduct which is illegal or would reflect negatively on DART, may be the basis for
discharge.
The evidence indicates that Officer Branch did violate the DART Administrative
Employment Manual and did not refrain from activity which was illegal or could
reflect negatively on DART when she made various inconsistent or mistaken
statements on her DART Police incident Report #DTC1600489 and made the
arrest of Avi Adelman for criminal trespass.
The evidence indicates that Officer Branch did engage in conduct which was
illegal or could reflect negatively on DART if brought to the attention of the
public, could result in justified unfavorable criticism of that employee, DART or
the Transit Police when she failed to gather enough articulable facts and did not
establish Probable cause to effect the arrest of Adelman. Adelman was taking
pictures of an emergency medical scene which was permissible according to
DART's Photography Policy. (See Tab#4
Branches initial interaction with Adelman was based on her mistaken belief of
HIPP A and therefore the arrest of Adelman for criminal trespass was not based on
sufficient probable cause. The charges of criminal trespass and the criminal
trespass warning for Adelman were dismissed on 2/13/16. (See Tab #24, #25)
DART000007
5
APP. 48
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 49 of 187 PageID 1177
Allegation-2- DART Police General Order 7.01 Arrest Without Warrant which
states:
I. POLICY
Short of the application of force, an arrest is the most serious action an officer can
undertake. An arrest can cause repercussions throughout a person's life, even if
eventually found not guilty or never brought to trial. The most important legal
question facing an officer at the moment of an arrest is the existence of probable
cause. Without probable cause, the arrest is illegal and the evidence of criminality
that was obtained because of the arrest is inadmissible. Officers shall accordingly
exercise critical judgment in making arrests. Critical judgment includes
consideration for bystanders, the time, place, and location of offenses, and the use of
force in making the arrests. Officers shall consider alternatives to arrest consistent
with their law enforcement mission.
II. PURPOSE
To define the authority of officers to arrest and the mechanism for making arrests
without a warrant.
III. DEFINITIONS
A. Arrest
B. Probable cause
According to the U.S. Supreme Court, "Probable cause exists where the facts
and circumstances within [the arresting officers'] knowledge and of which they
had reasonable trustworthy information are sufficient in themselves to warrant a
man of reasonable caution in the belief that an offense has been or is being
committed" and that the person to be arrested committed it. An officer must
have probable cause to make an arrest.
DART000008
6
APP. 49
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 50 of 187 PageID 1178
1. The Texas Code of Criminal Procedure, in Chapter 14, gives officers the
authority to make warrantless arrests, supported by "probable cause", as
follows:
a. Officers may arrest persons found in suspicious places and under
circumstances which reasonably show that such persons have been guilty
of some felony or breach of the peace, or threaten, or are about to
commit some offense against the laws.
The evidence indicates that Officer Branch did not gather enough articulable facts
and did not establish probable cause to effect the arrest of Adelman. A review of
the police report Branch wrote indicate various inconsistent, unverifiable or
uncorroborated statements. Adelman was taking pictures of an emergency
medical scene which was permissible according to DART's Photography Policy.
(See Tab#4)
Branch, as well as two other officers responded to a call for service at the Rosa
Parks Plaza, regarding a white male passed out and needed medical attention.
Branch provided a perimeter watch and began interacting with Adelman, who was
taking photos of the incident. DART's photography police states: "Persons may
take photographic or video images ... Persons taking photographic must not
interfere with public safety activity while taking images."
Branches initial interaction with Adelman was based on her mistaken belief of
HIPPA and therefore the arrest of Adelman for criminal trespass was not based on
sufficient probable cause. The charges of criminal trespass and the criminal
trespass warning for Adelman were dismissed on 2/13/16. (See Tab #24, #25)
Based on the preponderance of evidence the alleged complaint is "Sustained."
1.4(1) Dereliction of duty on the part of any member of the Transit Police, detrimental to the
proper performance of the functions of the Transit Police, is cause for corrective/disciplinary
action. Action will be taken according to the degree of severity of the violation, the results
brought about by the dereliction, and the effect it has upon the discipline, good order, and best
interest of the Transit Police. Dereliction of duty includes but is not limited to:
1.4(3) No officer or non-sworn member shall engage in any conduct which, if brought to
the attention of the public, could result in justified unfavorable criticism of that
employee, DART or the Transit Police.
The evidence indicates that Officer Branch did engage in conduct if brought to the
attention of the public, could result in justified unfavorable criticism of that
employee, DART or the Transit Police when she failed to gather enough
articulable facts and did not establish probable cause to effect the arrest of
7
DART000009 APP. 50
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 51 of 187 PageID 1179
1.6(3) No officer shall falsely cite, arrest, imprison, or direct any malicious prosecution
against any person.
The evidence indicates that if Adelman was interfering or obstructing first
responders, Branch was authorized to have him step back, but Branch was
mistaken or incorrectly believed that HIPPA limited or prohibited Adelman from
taking photos of the incident. Adelman was within DART's Photography Policy.
(See Tab#4)
Branches initial interaction with Adelman was based on her mistaken belief of
HIPPA and therefore the arrest of Adelman for criminal trespass was not based on
sufficient probable cause. The charges of criminal trespass and the criminal
trespass warning for Adelman were dismissed on 2/13/16. (See Tab #24, #25)
The evidence indicates that Officer Branch, as well as two other officers
responded to a call for service at the Rosa Parks Plaza, regarding a white male
passed out and needed medical attention. Branch provided a perimeter watch and
began interacting with Adelman, who was taking photos of the incident. DART's
photography police states: "Persons may take photographic or video
images ... Persons taking photographic must not interfere with public safety
activity while taking images."
Allegation-S-DART Police General Order 1.14 Code of Conduct Section: 1.8 Civil,
criminal, judicial, and investigative actions which states:
1.8(6) No member of the DART Police shall knowingly falsify any report, document, or
record or cause to be entered any inaccurate, false, or improper information on records,
DART000010
8
APP. 51
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 52 of 187 PageID 1180
documents, or reports of DART or the DART Police or of any court or alter any record,
document, or report except by a supplemental record, document or report. No member
shall remove or destroy or cause the removal or destruction of any DART or DART
Police report, document, or record without authorization.
The evidence indicates that Officer Branch did inaccurately enter false, or
improper information when she failed to gather enough articulable facts and did
not establish probable cause to effect the arrest of Adelman. Adelman was taking
pictures of an emergency medical scene which was within DART's Photography
Policy. (See Tab#4)
The evidence indicates that Officer Branch, as well as two other officers
responded to a call for service at the Rosa Parks Plaza, regarding a white male
passed out and needed medical attention. Branch provided a perimeter watch and
began interacting with Adelman, who was taking photos of the incident. DART's
photography police states: "Persons may take photographic or video
images ... Persons taking photographic must not interfere with public safety
activity while taking images."
Branches initial interaction with Adelman was based on her mistaken belief of
HIPPA and therefore the arrest of Adelman for criminal trespass was not based on
sufficient probable cause. The charges of criminal trespass and the criminal
trespass warning for Adelman were dismissed on 2/13/16. (See Tab #24, #25)
In order to provide the highest level of safety and security to our customers and
employees and to ensure that marketing rights are protected, the following procedure
applies to DART Police employees in regards to photographic or video images on, in, or
of DART property, vehicles, or employees.
Persons may take photographic or video images, including but not limited to film, digital
or video recordings (Images) of DART Property, including but not limited to stations,
buses, trains, or other vehicles for their personal use. Persons taking photographic or
video images must not interfere with transportation or public safety activity while taking
images. DART Police Officers may initiate an inquiry or investigation when
photography or videotaping activity is suspicious in nature or inconsistent with this
policy.
Images of designated restricted areas (e.g. areas not open to the public, an area designated
for DART Employees only, etc.) are not permitted. Any person observed tal9ng images
on, in, or of a restricted area may be subject to law enforcement action as appropriate,
provided there is "no photography" signage posted.
DART000011
9
APP. 52
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 53 of 187 PageID 1181
Except as otherwise permitted by law (e.g. in conjunction with a lawful arrest, etc.),
DART Police or Fare Enforcement Officers shall not demand or take any action to delete,
view or confiscate images taken by any person.
This procedure shall remain in effect until superseded or rescinded by the Chief of Police
and Emergency Management.
DART000012
10
APP. 53
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 54 of 187 PageID 1182
An unknown white male with a camera walked up to the medical scene and started
taking pictures of the passed out white male. DFD #28 was treating the white male suject.
The white male with the camera was later identified as Adelman, A vi, date of birth 4-1 0-
1956. Adelman kept walking around the scene trying to get closer photo shots of the
medical scene. DFD #28 fire fighters and Captain stated, " Hey guys that man is taking
pictures and moving too close, beware. Keep him back and away from the our scene as
we try to treat this man!" 1) This statement has been denied by DFR personnel and by
Officers Craig and Cannon. This statement is not heard or viewed on any video or
audio recordings taken from the scene.
Branch asked, "Sir please stay back so the fire fighters can help this man. Sir do not take
pictures ofDFD treating the victim give him some respect Stay back."2) This statement
is not heard or viewed on any video or audio recordings taken from the scene and is
not accurate.
Adelman stated, "No I have a right to be here and you cant not make me move. Do not
\
touch me and I am not leaving.3)Adelman is not heard or viewed on any video or
audio recordings taken from the scene saying "do not touch me." This statement is
not accurate.
Call the sergeant and chief cause I am not moving or leaving! I have emailed your chief
and I will do it again. I can do what I want here. "4) This statement is not heard or
viewed on any video or audio recordings taken from the scene and is not accurate.
Branch asked Adelman, "Sir please do not get any closer to the medical scene. Sir you're
interfering when you trying to get closer to take pictures. Sir please step back and DFD
#28 give them space to work.S) This statement is not heard or viewed on any video or
audio recordings taken from the scene and is not accurate.
Sir DFD unit does not want you to move any closer to the medical scene it is interfering
with the direct treatment of the white male. DFD is not comfortable with you being this
close to them, move back." 6) This statement is not heard or viewed on any video or
audio recordings taken from the scene and is not accurate.
Adelman walked directly to Branch and asked for Branch's badge number. Branch was
standing directly in the medical scene. Branch told him. "331 is my badge number and
please move back. You're interfering." 7) This statement is not accurate. Branch's
DART000083 APP. 54
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 55 of 187 PageID 1183
recording and Adelman's video recorded Branch saying, my badge number is 331
I'm identified by my badge number that's all you need.
Adelman kept walking up to Branch and taking pictures as he demanded Branch's badge
number. Branch asked Adelman again to step back and the badge number is 331.
Adelman continued to interfere by trying to advance closer into the medical scene to take
a closer picture of the white male on the ground passed out. DFD had advised Branch to
keep Adelman back from interfering while they give medical treatment to the white male
passed out. 8) This statement has been denied by DFR personnel and by Officers
Craig and Cannon. This statement is not heard or viewed on any video or audio
recordings taken from the scene. Branch is viewed on Adelman's body-cam video
walking up to Adelman and telling him he has to leave and is not allowed to take
pictures of people receiving medical treatment. (See Tab #19 )
Adelman stated, "Call your sergeant and chief. I do not have to leave anywhere and you
can not stop me from taking pictures." Branch informed Adelman, "You can not keep
getting close to the medical scene you will be seen as interfering as they try to help the
person." .9) This statement is not heard or viewed on any video or audio recordings
taken from the scene and is not accurate.
Adelman stated, "I don't have to move anywhere. I am on City of Dallas property. I do
not give a damn about you or that man! Call you sergeant now!" Adelman continued to
yell, taking more pictures and causing a scene .. 10) This statement is not accurate
according to the video or audio recordings taken from the scene.
Adelman continued to draw attention away from DFD #28 medical treatment and
repeatly yell at Officers and DFD #28 fire fighters. 11) This statement is not accurate.
Adelman is never heard or viewed yelling at anyone except Branch.
Adelman continued to make close circles around DFD #28 medical unit as they tried to
wake the white male up on the ground. Adelman yelled at officers and DFD #28 medical
unit on the scene and continued to advance closer for closer pictures.
Branch continued to warn Adelman that he is making the DFD #28 uncomfortable with
moving closer for pictures and not letting them treat the white male in peace. Branch
stated to Adelman, "Sir you are interfering with way they perform their duties to help a
person by run up on them taking pictures. 12) This statement is not heard or viewed on
any video or audio recordings from the scene and is not accurate.
You can not run up and take pictures which will interfere with this man's right to
treatment. You are interfering in medical treatment. Stop moving too close to the DFD
#28 medical scene. 13) This statement is not heard or viewed on any video or audio
recordings from the scene.
DART000084 APP. 55
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 56 of 187 PageID 1184
One unknown passenger was at the bus stop looking at Adelman's behavior and actions
stated, "Hey man move so they can help that man!" 14) This statement is not heard or
viewed on any video or audio recordings taken from the scene.
Branch asked Adelman several times, "Leave the area and medical scene. Sir please get
back. Please leave. Sir please leave the location and leave the medical scene.
Sir please stop taking pictures you are too close to the medical scene. 15) This statement
is not heard or viewed on any video or audio recordings from the scene.
Sir you are interfering with DFD giving treatment. Sir are you using DART buses or
trains?" 16 ) This statement is not heard or viewed on any video or audio recordings
taken from the scene.
Adelman stated several times, " I am not leaving and I will not stop taking pictures. That
man or you do not have any rights to not have me take his picture. Hippa does not apply
to me or him. 17) This statement is not accurate according to Branch's audio
recording. (See Tab # )
He is no one!" 18) This statement is not heard or viewed on any video or audio
recordings from taken the scene. Adelman stated, HPPA does not apply here.
Branch called for Dallas Police Officers to the location for the K2 white male passed out
and other Officers Assistance.
Cannon and Craig were still assisting DFD #28 with the white male that was being
combative after being passed out.
Adelman continued to get close again to the medical scene and get close up pictures of
the white male receiving medical treatment.
Adelman please step back and you moving closer to the medical scene is interfering with
medical treatment . 19) This statement is not heard or viewed on any video or audio
recordings taken from the scene.
Branch made several demands for Adelman to step back away from DFD #28 unit
medical scene and stop interfering with picture taking. Its was interfering with DFD #28
unit giving the white male medical treatment with feeling threatened by the sudden
closeness of Adelman. 20) These statements are not heard or viewed on any video
or audio recordings taken from the scene.
Branch informed Sergeant T. Hutchins #179 and H. Hutchins #306 of the situation with
Adelman by cell phone. Adelman made another attempt to get a close up picture of the
medical scene. Branch tried to detain Adelman using a wrist restrain and Adelman
resisted the detention. Branch continued to try to hand cuff Adelman's left wrist. The
detention of Adelman was completed with help of DART Police Officer D. Flemings
#427. Adelman was handcuffed double locked for safety.
DART000085 APP. 56
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 57 of 187 PageID 1185
H. Hutchins and T. Hutchins arrived on the scene and explained to Adelman that his
refusal to leave DART Property and continuing to advance towards the medical scene
was interfering and criminal trespassing. Adelman continued to state he had a right to
take pictures on DART property. H. Hutchins informed Adelman that he did have the
right to take pictures but when he interferes in the direct treatment of anyone needing or
getting treatment it is against the law. H. Hutchins asked Adelman if Branch asked him to
leave the location.
Adelman stated, "Yes the officer told me stop and leave. But I have a right to be in or on
public place to take pictures. It is my right."
H. Hutchins informed Adelman again that Rosa Park Plaza was DART's Property and
rights to remain or stay on the property can be issued and taken away for disruptive
behavior. These rights to remain or stay on DART's Property can be taken away for law
violations.
H. Hutchins informed Adelman he received several verbal warnings to stop interfering
and to leave DART's Rosa Parks Plaza by Branch and refused. Which Adelman would be
going to jail under arrest for Texas Penal Code Criminal Trespass, Class B misdemeanor.
Branch informed Adelman he also violated DART's Code Of Conduct 2.02 (a)4.
Engaging in disruptive or disturbing behavior, including loud conversation, profanity or
rude insults. 15. Using a DART facility or property for non transportation related
purposes without authorization.
Adelman delayed the treatment to the white male by his conitnuing to interfere with their
duties. 21) This statement is not accurate.
Adelman continued to interfere with the direct medical treatment of the white male by
continuing to advance really close to DFD #28 fire fighter unit as they treated the white
male. Adelman continued to interfere by stepping really close medical scene to yell at
DFD and Branch then snapping pictures. 22) This statement is not heard or viewed on
any video or audio recordings from the scene. Adelman is never heard or viewed
yelling at anyone except Branch.
Branch wrote a DART Criminal Trespass warning for Adelman under DART Police
Service #DTC16000489. Branch explained to Adelman he would be under arrest for
violating a verbal trespass warning at DART Rosa Parks Plaza location on 901 Elm
Street, Dallas, Texas. Adelman was told to leave several times, stop interfering with
medical treatment and being a public nuisance. Branch wrote "unable to sign, in custody"
in the signature part for Adelman. Adelman was in handcuffs and under arrest he could
not sign.
Branch was issued a DART Police misdemeanor service number M1616393 for Texas
Penal Code 30.05 Criminal Trespass, Misdemeanor B.
Branch explained to Adelman he was banned from entering or remaining on DART's
Rosa Parks Plaza-901 Elm Street, Dallas, Texas and CBD West -920 San Jacinto, Dallas,
Texas. Starting 2-9-2016 and ends 2-09-2017. Adelman stated "I agree and disagree."
Branch and Henderson transported Adelman to Dallas County Jail and bookin. Branch
and Henderson cleared without any further incidents. 23) Branch referred to DFR unit
#18 as #28 throughout the entire report this is not accurate.
Recorded incident on DART's Sony recorder #56 and 57.
DART000086 APP. 57
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 58 of 187 PageID 1186
TO: RoyWilt
DATE: 2/16/2016
I was asked to provide a statement about what I witnessed on the evening of 02/09/2016 while on call
#DTC16000490 at the Rosa Parks Plaza.
Officer E. Cannon and I were responding to a possible drug overdose at the Dart Rosa Parks Plaza. When
we arrived we saw an unresponsive white male lying on the ground. Dallas Fire Department engine #18
arrived on scene and began treatment. DART officerS. Branch arrived on scene. A few minutes later
one of the paramedics said to the officers 11There's a man taking pictures." I looked and saw a white
male approximately 20 feet away who was taking pictures with a black camera. Officer Branch left the
scene and walked over to the man with the camera. A short time later I heard a man's voice saying
loudly 11 What's your badge number" and 11Vou need to call your supervisor." The patient began waking
up and kicking his legs. I could hear the loud voice continuing but I could not tell what was being said do
to the distance and my attention being focused on the safety of the paramedics.
I was asked how close the photographer came to the scene of the call. Since I was facing the patient I
only saw the photographer two or three times as he circled the scene in front of me and to my left. I did
not see the photographer come any closer than 15 to 20 feet from the scene. At times he circled around
behind me and I did not see how close he was.
I was asked if the paramedics made any statement about the photographer interfering with their duties.
I did not hear any paramedic say that the photographer was interfering with their duties.
I was asked if the paramedics asked an officer to have the photographer moved back. I did not hear any
paramedic ask for the photographer to be moved back.
DART000062 APP. 58
2/26/2016 DART Mail- 1/A 16-05
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 59 of 187 PageID 1187
1/A 16-05
messages
In report DTC 1600490 you stated, "The paramedics pointed out a white male who was taking pictures of the
scene and Officer Branch left to make contact with him."
Did DFR say the man taking pictures was interfering or preventing them from doing their jobs?
Did DFR ever say to remove the man taking pictures, or direct any of the officers at the scene to tell him to
leave or to stop him from taking pictures?
What is your knowledge of DART Police Policy concerning photography on DART property?
Thank you in advance for your prompt response to this email and assisting with the investigation to move
fotward. Please keep in mind you are still under the DART Police Administrative Warning, you must be truthful
and keep all information pertaining to this case confidential.
"In
report DTC 1600490 you stated, "The paramedics pointed out a white
male who was taking pictures of the scene and Officer Branch left to make
contact with him.'"'
A: Officer E. Cannon and I were responding to a possible drug overdose at the Dart Rosa
Parks Plaza. When we arrived we saw an unresponsive white male lying on the ground.
Dallas Fire Department engine #18 arrived on scene and began treatment. DART officerS.
Branch arrived on scene. A few minutes later one of the paramedics said to the officers
( "There's a man taking pictures."
DART000063 APP. 59
https://m ai l.google.com/mail/u/O/?ui=2&ik=964eOe848a&vifN>I=pt&search=inbox&th= 15318c20fc520ccO&sim I= 15318c20fc520cc0&siml= 1531dae50010ea45&si... 1/2
2/26/2016 DART Mail- 1/A 16-05
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 60 of 187 PageID 1188
Q: "Did DFR say the man taking pictures was interfering or preventing them from doing
their jobs?"
A: I did not hear any paramedic say that the photographer was interfering with their duties.
Q: "Did DFR ever say to remove the man taking pictures, or direct any of the officers at the
scene to tell him to leave or to stop him from taking pictures?"
A: I did not hear any paramedic ask for the photographer to be moved back.
A: We had roll-call training on Monday 2/22/16 on this subject presented by Sgt. D. Collins.
I also remember a directive from the Chief several years ago that said to allow photography
in all public places including Cityplace and the Convention Center. This Directive was
posted in the "Chiefs Corner" glass display case on 2nd floor until recently. It is no longer
there.
[Quoted text hidden]
R. Craig #411
Central Business District
DART Police Department
2111 S. Corinth Street Rd.
Dallas, TX 75203
214-749-5900
received thanks
[Quoted text hidden]
DART000064 APP. 60
https://m ail.google.com/mail!u/O/?ui=2&ik=964e0e848a&view=pt&search=inbox&th= 15318c20fc520ccO&siml= 15318c20fc520ccO&siml= 1531dae50010ea45&si... 2/2
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 61 of 187 PageID 1189
STATEMENT
Date: 2/16/2016
On Tuesday 2/9/2016 on or about 7:35 p.m. Officer L. Cannon #428 and S. Branch #331 (in full police
uniform) was on foot patrol at the West End Train Station located at 800 Pacific Av., Dallas, Dallas
County, TX 75202. Cannon observed Dallas Fire and Rescue #18 at Rosa Parks Plaza located at 901 Elm
St., Dallas, Dallas County, TX 75202. Cannon noted that Officer R. Craig #411 (in full police uniform) was
already on scene at Rosa Parks Plaza.
Cannon and Branch made contact with Craig, Dallas Fire and Rescue personnel and a white male that
was being treated for possible K2 overdose. The white male was laying on his back and began coming
conscious of his surroundings and appeared to attempt to start kicking his legs and feet upward
(although still lethargic). Cannon noted that there have been times when an individual starts becoming
aware of their surroundings but still impaired by K2 can become combative. Cannon kneeled down to
hold the white males legs down so he could not cause injury to Dallas Fire and Rescue personnel, himself
while being treated. A Dallas Fire and Rescue personnel advised Cannon and Craig to be aware that
someone was taking pictures. Cannon looked up and saw a white male approximately 15ft away taking
pictures. Cannon and Craig acknowledged and stated "ok". Cannon remained kneeled down to assist
Dallas Fire and Rescue.
Branch made contact with a white male whom was taking pictures. Cannon and Craig remained with
the white male being treated by Dallas Fire and Rescue. Cannon noted that he could hear Branch and
the white male speaking to one another and voices became elevated. Cannon looked up to ensure that
there was not a officer safety issue. Cannon noted that Branch and the white male were arguing about
him taking pictures. Cannon did not hear the entire conversation but did hear Branch request the white
male to leave property and the white male stated he was not leaving and could take pictures. The white
male asked for Branch's badge number and Branch provided her badge number. Cannon noted that
Branch advised DART Police Dispatch via radio to send a supervisor to the scene and Dallas Police.
Cannon looked towards Branch and the white male again to ensure that there was no officer safety
issue. Cannon noted that Branch and the white male were speaking to one another in elevated voices.
Cannon noted that the white male's language was not threatening and his body language did not appear
to be a threat to the Branch. At times Cannon looked up the white male would be holding his camera
and yelling that he was not leaving property. Cannon remained with the white male being treated to be
advised by Dallas Fire and Rescue if he would be treated or released by them. Cannon also knew the
white male to have an active trespass warning from DART property.
DART000066 APP. 61
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 62 of 187 PageID 1190
Cannon then heard the white male raise his voice and ask if he was being detained and Branch stated
yes. Cannon then thought he heard on the radio that the white male was resisting. Cannon
immediately looked up and observed the white male being detained in handcuffs, but did not see
physical resistance and noted that it could possibly be passive resistance. Officer's D. Flemings #427 (in
full police uniform) arrived on scene with Branch.
Sgt. H. Hutchins #179, Sgt T. Hutchins#306 and R. Henderson #169 arrived on scene and made contact
with Branch and the white male. H. Hutchins made contact with Cannon on scene and requested status,
Cannon updated Hutchins on the white male being treated and released by Dallas Fire and Rescue but
was detained due to an active trespass warning and that Craig was primary. Hutchins asked Cannon if
Branch asked the white male to leave the property. Cannon advised Hutchins that he did hear Branch
advise the white male to leave the property and the white male refused.
L Cannon #428
DART000067 APP. 62
2/26/2016
Case 3:16-cv-02579-B Document 53 DART
Filed 09/15/17
Mail- 1/A 16-05
Page 63 of 187 PageID 1191
1/A 16-05
3 messages
In your statement you stated, "A Dallas Fire and Rescue personnel advised Cannon and Craig to be aware
someone was taking pictures."
Did DFR say the man taking pictures was interfering or preventing them from doing their jobs?
Did DFR ever say to remove the man taking pictures, or direct any of the officers at the scene to tell him to leave
or to stop him from taking pictures?
What is your knowledge of DART Police Policy concerning photography on DART property?
Thank you in advance for your prompt response to this email and assisting with the investigation to move foJWard.
Please keep in mind you are still under the DART Police Administrative Warning, you must be truthful and keep all
information pertaining to this case confidential.
Wilt,
The only thing said by DFR was advising us someone was taking pictures. I am assuming it was said because I
was getting ready to hold the legs down of the suspect/victim so he could not kick any DFR personnel or officers
on scene: I took it as simply a heads up comment. DFR Personnel never once advised me the individual was
intefering, and the individual taking pies was at least 15 feet away from us. DFR never advised me to remove
anyone or state anyone was intefering. I am not aware nor did I hear DFR direct any officers to remove anyone.
My recording will also indicate this. I am aware of our photography policy as it has been put out to officers in
details in the past and also hanging on the wall on the second floor that states Chiefs Comer.
[Quoted text hidden]
Received thanks
Sent from my Sprint phone.
[Quoted text hidden]
DART000068 APP. 63
2/16/2016
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 64 of 187 PageID 1192
DART Mail- Narrative of DCT16000490
.tarrative of DCT16000490
2 messages
On Tuesday 02/09/2016 at approximately 19:40 DART officer R. Craig #411 was patrolling by foot the DART
Rosa Parks Plaza located at 901 Elm Street, Dallas, Dallas County, Texas when a patron told him that a man
was passed out near the southeast comer of the Plaza. Upon arrival Craig saw a hispanic male lying on the
ground. Dallas Fire and Rescue Engine #18 arrived on scene as Craig tried to awaken the man. Paramedics
were able to awaken the man who verbally identified himself as Alvarez, Ryan Jay with a date of birth of
08/06/1995. DART officers S. Branch #331 and E. Cannon #428 arrived on scene. The paramedics pointed out
a White male who was taking pictures of the scene and officer Branch left to make contact with him.
Alvarez told Craig that his blue back pack was missing. A patron pulled Cannon aside and told Cannon that he
had seen Alvarez smoking "K2" and that when he passed out on the ground he saw a black male take Alvarez's
back pack and move it over to a nearby bus shelter. Cannon went to the bus shelter and found a blue backpack
open on the ground with it's contents scattered. Cannon retrieved the backpack and Alvarez identified it as his
missing backpack.
Craig requested a computer check of Alvarez through DART Dispatch which came back with no wants or
warrants and with an in-house history of ten fare evasion citations and an active Criminal Trespass Warning for
- the Rosa Parks Plaza issued by officerS. Glover #442 on 12/21/2015 barring him from entering or remaining on
the property for a year until12/21/2016.
DART Sergeant T. Hutchins #306 arrived on scene. Craig informed her of his intent to arrest Alvarez for criminal
trespass and she agreed. Because Alvarez was in the barred location during the active time of the warning
without the effective consent of DART, Craig arrested Alvarez at 20:05 for criminal trespass, a violation of the
Texas Penal Code section 30.05, a class B misdemeanor. DART officerS. Michener #396 arrived on scene and
transported Alvarez to the Dallas County Jail where he was booked in under warrant #M-1616394.
Craig transported the blue backpack, which contained clothing and personal care items, to DART Police
Headquarters to be held for safekeeping under property control number EP1601938.
R. Craig #411.
Central Business District
DART Police Department
2111 S. Corinth Street Rd.
Dallas, TX 75203
214-749-5900
On Tuesday, February 09, 2016 at approximately or around 8p.m. I, Sergeant T. Hutchins was at DART
Police. Headquarters located at the address of 2111 S. Corinth Street Rd. I heard via DART Police Radio
that Officer Branch requested that DART Police Dispatch contact the Dallas Police Department because
she had a subject that would not leave the Rosa Parks property. I attempted to contact officer Branch
via DART Police radio but was unsuccessful. I contacted Police Dispatch to verify officer Branch's
location. Dispatch advised that officer Branch was on DART property and out at Rosa Parks. Officer
Branch was contacted via phone. Officer Branch advised that she was at the Rosa Parks station and she
had a guy there taking photographs out at the station and that he was interfering with the treatment of
a subject who was being treated by DFD. I advised officer Branch that he can take pictures. Branch
advised that the individual would not step back and allow DFD to treat the subject, and that he kept
interfering she advised that she asked him several times to step back to allow the subject to be treated
and that he refused. I asked Branch was the person utilizing DART services? I told her ask him if he is
utilizing DART services, and if he is not ask him to leave. After that if he refuses to leave then arrest him
for Criminal Trespass. After speaking with Officer Branch on the phone, I left the station and checked
en route to the' Rosa Parks Station. When I arrived at Rosa Parks, Sgt. H. Hutchins was already on scene
when I arrived to the location. Officer Branch arrested the subject for Criminal Trespass, because the
subject would not leave after being asked several times to leave.
DART000080 APP. 65
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 66 of 187 PageID 1194
Cc Mullins Debra
Officer Wilt
Jason L Evans
During fiscal year 2014 2015 Dallas FireRescue installed 6 029 smoke detectors in the homes
of Dallas residents
Dallas FireRescue along with the NFPA is encouraging everyone to install smoke detectors
in every bedroom outside each separate sleeping area and on every level of your home
including the basement SMOKE DETECTORS SAVES LIVES
On Tuesday February 9 2016 Dallas FireRescue responded to a 911 call for a welfare check
at the Rosa Parks Plaza for a man lying on the ground During the course of this incident a
local photographer Avi Adelman was arrested by DART police officers
DART001287 APP. 66
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 67 of 187 PageID 1195
We have spoken with all DFR members who responded to the incident at which Mr
Adelman was arrested and they contend that at no point were any requests made to ask
Mr Adelman to leave the scene and or stop taking pictures In addition there were no
requests made to officers to ask him to leave the scene and or stop taking pictures That
said we believe the alleged request s of our members is irrelevant as it relates to the
big picture of Mr Adelman being arrested DFR understands and respects the rights of
Any further questions related to this matter should be directed to Mr Adelman and or DART
Kindly
Jason L Evans
During fiscal year 2014 2015 Dallas FireRescue installed 6 029 smoke detectors in the homes
of Dallas residents
Dallas FireRescue along with the NFPA is encouraging everyone to install smoke detectors
in every bedroom outside each separate sleeping area and on every level of your home
including the basement SMOKE DETECTORS SAVES LIVES
DART001288 APP. 67
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 68 of 187 PageID 1196
Deputy Chief
DART000218 APP. 68
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 69 of 187 PageID 1197
Adelman- No ..
Adelman- Good
Adelman- No ..
Adelman- No ... no ..
Branch- This is what I'm going through ...... well leave our property .. you're not catching .. .
Adelman- No I don't have to leave ... l'm not leaving ... this is public property
Adelman- No I'm not leaving this is not their property .. .! can be here .. .l am not leaving
Branch- No you cannot ... ok Sarge you hear me right. ...... Alright you cannot take picture of
him while they getting ..... .
Branch- Not while they are getting medical attention ... no you cannot
Adelman- No ... you know HIPPA does ... the firemen know HIPPA does apply here
1
DART000103 APP. 69
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 70 of 187 PageID 1198
Branch- No ... ok look we gonna do something totally different. .. Sir leave ...
Branch- Leave ... .leave ... alright .... stop ... we gonna do something different ...
Adelman- What are we gonna do lady? You cannot arrest me for standing here ...
Branch- Stop ... Have a seat ... have a seat ... have a seat ...
Branch- Have a seat .... stop stop ... stop ... whatever you doing stop sir .... before you get
hurt ... stop ..
Adelman- Ok I'm stopped ... call your supervisor hear ... get him onsite ...
Branch- Ok ...
Adelman- And he will tell you I have a right to take pictures in public ...
Adelman- Yes ... HPPA does not apply ... HPPA is privacy.... I...uh your Sgt.... I can take
pictures of people in public ...
Branch- Look . I just got through talking to my Sgt. you cannot do that .. .listen to me .. .I'm
asking you to leave ... want you to leave ... you can take pictures from the street but you cannot
take pictures here ...
Adelman- Ok
Adelman- No ... Why? Ok you want my ID under what right ... what's my detention ...
Branch- Cause I asked you to leave ... you're refusing to give me identification
Adelman- I'm not doing anything ... I'm scratching my head ...
Branch- Ok ....
Adelman- I can stay and take pictures ... ok I'll give you my ID
Branch- Have a seat ... No I asked you for it before and you wouldn't give it to me ...
Adelman- You're going to arrest me for what? I can take pictures in public of people in
public ... There's nothing that's illegal about it.
3
DART000105 APP. 71
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 72 of 187 PageID 1200
Adelman- I can stay on DART property ...there is no requirement that tells me I cannot take
pictures ... You cannot chase me and not everybody else .. .It's called the right to photograph in
public .. .
Branch- No ...
Adelman- Yes it is ... My ID is in my right hand pocket under the camera ... .In my wallet .. .I'm
leaning over ... that's it sir yes ... It's the third card on the right hand side as you flip it open ...
Adelman- I can't. ..
Fleming- Stand up
(un-audible)
Branch- 10-4
Adelman- It's in that fist flap ... that might be it there ...
(Un-audible person)
Branch- No, stay right here ... have a seat ... have a seat ... have a seat ...
Adelman- I know I'm sitting down ... I'm sitting down ...
Branch- Now when I get back-up here you're ready to comply ...
Branch- No, I asked you several times when I was on the phone with my Sgt.
Adelman- You do realize the right to photograph in public does not ...
Branch- But you cannot photograph them while they are receiving medical treatment ...
Branch- I asked you to leave didn't I? I asked you several times to leave ...
Branch- I am ...
4
DART000106 APP. 72
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 73 of 187 PageID 1201
Adelman- First off my hat is about to block my vision can you push it off or take it off? I
can't.. .it's rolling down ... Second off I'm asking what time it is that's what I meant by a time
check. ..
Adelman- Thank you ... Can you take my hat off at least?
Adelman- Cause it's falling down and I can't see .. .listen ok thanks ... What will the ticket be for
may I ask?
5
DART000107 APP. 73
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 74 of 187 PageID 1202
00:08-DART Police Radio- Received, There's a white male photographer refusing to leave
property interfering with police
00:14-0fficer Branch on Police Radio- 10-4 ma'am, he's going to be a white male, yellow
jacket, black hat, he's a photographer.
00:43-0fficer Cannon-let them help you out He's not going to hurt you
01:00DFR 1- I know, but you were passed out, like, are you hurt, I mean where were you
headed, where do you stay?
01:13-DFR 1- What?
1
DART000108 APP. 74
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 75 of 187 PageID 1203
01:45-Patient- (Slurred) 08
01:50-Patient- (Slurred) 06
01:54-DFR 1- 95, ok
01:59-0fficer Cannon- 95
02:36-DFR 1- I mean you're not in trouble, you just can't lay out here on the ground that's all
02:41- DFR 1- They're people calling because they think you're hurt.
2
DART000109 APP. 75
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 76 of 187 PageID 1204
DFR 3- I got a name but I don't know if it's him, it's a Brian Alvarez
DFR 1- You can't just stay here, you're going to need to go somewhere or they are going to take
you somewhere, so you need to figure out what to do .... .I mean ... you say there's nothing wrong
but you can't just sleep out here on the street ifthat's what you're doing ...
04:12-0fficer Cannon- Ryan, not Brian but Ryan (voices arguing in the background)
04:42-0fficer Cannon- Yea that's why I don't know why she's giving him a hard time
04:45-0fficer Cannon- I don't know .... that's going to be on her ... he can take all the pictures
he wants .... that's why I'm not getting involved in that..I know ... Ryan let's stand up ok can I
help you stand up?
05:15-0fficer Cannon- Ryan come here and have a seat...you alright? Just have a seat right
there ... Have a seat .... have a seat just want to make sure you're all right.
05:44-DFR 2- Do you have an ID in here sir ... just looking to see ifthere is something here with
your name on it so we can figure out who you are"
05:51DFR 2- Excellent
05:56-0fficer Cannon- Hey I got an ID ifyall need it, I got an ID ifyall need it
3
DART000110 APP. 76
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 77 of 187 PageID 1205
06:01-DFR 1- Yea ... Just because that problem is going to turn into a headache and I want it just
to be ....
06-07-DFR 2- Right, we'll take care of it, that's not going to be good over there ...
06:11-DFR 1- Alright
06:12-DFR 1- Yea he's going to open records our calls and stuff so ...
06:20-0fficer Cannon- Yea I don't know why she's giving him hard time
06:21-DFR 1- Just cause I know how this guy works not gonna go .. .l mean she was ....
06:45-DFR 2- Yea I don't know where that idea came from but this is ... because there is
freedom of the press ...
06:55-DFR 1- I'm talking about you never know what his interest is
06:56-0fficer Cannon- Well some of the residence down here have come down .... And I don't
care if you take pictures or not ... .I'll take all the publicity I can get right now
07:02-DFR 1- Well, what he used to do on lower Greenville is he would take the pictures and
then extort the owners and say ... hey if you don't want me making these public ... cause they
knew the neighborhood was gonna get pissed because they knew he had some weird shots of
them it gets in the paper.
07:26- Officer Cannon-Well everybody knows what's going on down here let him just take
pictures ... Ryan what happened to the big back pack you had earlier? Ryan what happened to the
big back pack you had earlier?
12:58- Officer Cannon-The thing about it is I would've just let him take his pictures and ... I
mean it wasn't worth all ofthat ...
4
DART000111 APP. 77
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 78 of 187 PageID 1206
Patient- "Yea"
DART Dispatch- "700 to deep nights units "suspicious person" call holding for Walnut Hill"
DART Dispatch-"700 to deep nights units call holding for Walnut Hill station "suspicious
person"
907- "Ma'am show me in service with 908, I'll be in vehicle 2974 working northeast"
DART Dispatch- "907 copy call, Be in route to Walnut Hill station for a "suspicious
person ...... complainant advised that a black male wearing a gray t-shirt and purple shirt ,,shorts
tried to attack and or rape her, he was last seen going downstairs". "Complainant is a black
female in a red t-shirt and purple pants ... camera monitor has lost sight of both subjects after
they got downstairs".
5
DART000112 APP. 78
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 79 of 187 PageID 1207
907- "Be advised we checked the lower level bus bays and the platform on the upper level both
subjects are going to be UTL there's nobody out here".
907- "10-4"
DART Dispatch- "Also be advised footage of the incident has been located ...... camera
monitors located footage of the assault".
DART Dispatch- "The female that's walking away is the female it's going to be a black female
wearing a red t- shirt, purple pants."
907- "10-4 she walked away from us twice we'll try to make contact with her."
907- "907, be advised the complainant continued to walk away, refuses to talk with us at this
time she said it's too late she failed to cooperate .... We'll be out here on a 61"
At 00:10- Officers Livia and Blakely are observed coming up the stairs to the top of the DART
Walnut Hill Station platform.
00:22- Officers are observed splitting up looking for the suspect or complainant.
01:35- Officers are observed walking down stairs to the lower platform.
01:42- The officers are observed walking to the lower platform while the complainant is viewed
walking up the stairway to the top of the platform.
01:52- The officers walk back up the stairs and make contact the complainant.
6
DART000113 APP. 79
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 80 of 187 PageID 1208
02:13- Officers are observed attempting to make contact with the complainant and calling
dispatch by radio.
04:40- The officers and the complainant are viewed standing around the top of the platform
04:58- The complainant sits down while officers remain standing nearby.
13:50- The officers walk down and make another attempt to talk to the complainant.
13:56- The officers are viewed walking away from the complainant and remain on the platform
nearby the complainant.
14:26- The complainant gets on an incoming train and leaves. The Officers remain on the
platform.
7
DART000114 APP. 80
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 81 of 187 PageID 1209
I. PURPOSE
The purpose of this General Order is to define the authority of officers to arrest and the
mechanism for making arrests without a warrant.
II. POLICY
Short of the application of force, an arrest is the most serious action an officer can
undertake. An arrest can cause repercussions throughout a person's life, even if eventually
found not guilty or never brought to trial. The most important legal question facing an
officer at the moment of an arrest is the existence of probable cause. Without probable
cause, the arrest is illegal and the evidence of criminality that was obtained because of the
arrest is inadmissible. Officers shall accordingly exercise critical judgment in making
arrests. Critical judgment includes consideration for bystanders, the time, place, and
location of offenses, and the use of force in making the arrests. Officers shall consider
alternatives to arrest consistent with their law enforcement mission.
ill. DEFINITIONS
A. Arrest
B. Probable cause
According to the U.S. Supreme Court, "Probable cause exists where the facts and
circumstances within [the arresting officers'] knowledge and of which they had
reasonable trustworthy information are sufficient in themselves to warrant a man of
reasonable caution in the belief that an offense has been or is being committed" and that
the person to be arrested committed it. An officer must have probable cause to make an
arrest.
Page 1 of5
DART000184 APP. 81
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 82 of 187 PageID 1210
IV. DISCRETION
B. Officers shall not make arrests or take any enforcement action based in whole or in part
by a person's sex, race, creed, color, age, gender or assumed attitude, ethnic or natural
origin, economic status, disabilities, or sexual orientation.
A. Federal and state constitutions protect individuals from arbitrary and oppressive
interference with privacy by law enforcement officials. Further, officers must have
probable cause that a crime has been committed, and that the person to be arrested has
committed the crime.
1. The Texas Code of Criminal Procedure, in Chapter 14, gives officers the authority to
make warrantless arrests, supported by "probable cause", as follows:
a. Officers may arrest persons found in suspicious places and under circumstances
which reasonably show that such persons have been guilty of some felony or
breach of the peace, or threaten, or are about to commit some offense against the
laws.
b. If an officer has probable cause to believe that a person has committed an
assault resulting in bodily injury to another and believes that there is danger of
further bodily injury to that person, the officer may arrest the violator. If an
officer has probable cause to believe that the person has committed an offense
involving family violence, the officer may arrest the violator.
c. If a person prevents or interfered with an individual's ability to place an
emergency telephone call related to family violence, an officer may arrest the
violator.
d. Officers shall arrest a person in violation of a valid protective order when
committed in the officer's presence. Officers may arrest an offender for any
offense committed within the officer's presence or view, including traffic
violations.
e. Officers may arrest at the direction of a Magistrate, when a felony or breach of
the peace has been committed.
f. Where it is shown by satisfactory proof to a peace officer, upon the
representation of a credible person, that a felony has been committed, and that
the offender is about to escape, so that there is not time to procure a warrant,
said officer may, without warrant, pursue and arrest the accused.
g. Officers may arrest a person who confesses to a felony crime.
Page 2 of5
DART000185 APP. 82
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 83 of 187 PageID 1211
a. Although officers are discouraged from making arrests outside their jurisdiction,
officers may make warrantless arrests in compliance with state law. Officers
who are outside their jurisdiction may arrest, without warrant, a person who
commits an offense within the officer's presence or view, if the offense is a
felony, breach of the peace, or violation of Chapter 42 or 49 of the Texas Penal
Code.
b. Any officer making a Warrantless arrest outside his/her jurisdiction shall notify
the law enforcement agency of proper jurisdiction. The law enforcement agency
shall take custody of the prisoner and arraign the prisoner before a magistrate in
compliance with state law.
c. Arrests outside DART police jurisdiction shall be in accordance with DART
Police Order on Jurisdiction and Authority.
If a person receives an injury before or during an arrest and either requests medical
attention or, in the officer's judgment, medical attention is needed, officers shall
transport the suspect or arrange for his or her transportation to the hospital for an
examination before booking.
B. Processing of paperwork
1. All required paperwork will be completed prior to the end of the officers' shift
unless special circumstances make it unreasonable for the paperwork to be
completed until the following day and must have prior supervisor approval.
2. All required documents will be included in accordance to the arrest and booking
procedures for each county as directed in DART Police Orders concerning booking
at various counties in which DART Police have jurisdiction.
C. Mirandizing Arrestees
A. Officers may encounter a circumstance where probable cause develops to arrest a person
for an offense, only to find out shortly thereafter that the person under arrest did not
commit a crime, or that the event was not a crime. It is imperative, then, that the officer
end the arrest process and release the person as soon as possible.
B. Procedure
1. If the arresting officer determines that probable cause no longer exists to arrest a
suspect, and the officer is satisfied that the person under arrest either did not commit
the crime or that the crime did not occur, then the officer shall release the suspect.
Page 3 ofS
DART000186 APP. 83
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 84 of 187 PageID 1212
2. When an officer releases a subject from arrest, he or she shall return the person to
the place of the arrest, if the location is safe. The officer shall not release the person
along the roadside. If a vehicle has been towed, the vehicle shall be returned to the
operator/registered owner unless it is required as evidence, or some other legal
authority assumes custody of the vehicle.
3. Upon releasing a person in this manner, the officer shall immediately contact the on-
duty supervisor and advise him or her of the incident.
e. The location and time of release from arrest and whether the person was
transported.
f. The reasons or discovery of information which led the officer to release from
arrest.
g. Any witnesses to the alleged crime, or to the fact the person arrested was
allegedly involved.
h. Whether force was used in making the arrest, and if so, the nature of any forced
used and the consequences (including medical aid).
A. Legislative immunity
1. Members of the United States Congress are exempt from arrest when Congress is in
session, or when they are en route to or from congressional business, except for
traffic summonses.
2. Members of the Texas Legislature are exempt from arrest during a legislative
session (or allowing for one day for every 20 miles such member may reside from
the place where the legislature meets before the beginning or after the ending of any
session) except in cases of treason, a felony, or a breach of the peace.
B. Diplomatic immunity
Page 4 of5
DART000187 APP. 84
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may reside from the place where the legislature meets before the beginning
or after the ending of any session) except in cases of treason, a felony, or a
breach of the peace.
B. Diplomatic immunity
Reference:
Page 5 of 5
DART000188 APP. 85
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070108
RESOLUTION
of the
WHEREAS, Sec:tion 452.105 of the Texas Transportation Code authorizes DART, by resolution,
to adopt rules for the safe and efficient operation and maintenance of the public transportation
system; for the use of the public transportation system and the authority's services by the public
and the payment of fares, tolls, and other charges; and for the regulation of privileges on property
owned, leased, or otherwise controlled by the authority; and
WHEREAS, notice of each rule adopted must be published m a newspaper with general
circulation in the: area; and
WHEREAS, rules or regulations adopted under this provisions of law become effective 10 days
after the date of the second publication; and
WHEREAS, DART has received complaints from its customers about circumstances and the
behaviors of others on DART vehicles, at DART facilities, and on DART property. These
complaints include behaviors that are similar to those addressed by the proposed regulations; and
WHEREAS, rec,ent surveys of DART customers indicate that safety, security and cleanliness at
stops and stations are of concern to DART customers; and
WHEREAS, the Board has recently adopted Goals to increase customer perception of public
safety and sense of security, and therefore help build ridership; and
WHEREAS, the proposed regulations will have a direct impact of the ability of management to
attain the Board's goals, on the perceptions of DART's customers, and on customer complaints.
NOW, THEREFORE, BE IT RESOLVED by the Dallas Area Rapid Transit Board of Directors
that:
Section 1: The Regulations for the Management of DART, including the general provisions
and a code of conduct for persons on DART vehicles, facilities, or property
attached to this resolution are adopted.
DART000190 APP. 86
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 87 of 187 PageID 1215
070108
Approval of Regulations and Code of Conduct
Button
Chair
ATTEST:
REGULATIONS FOR
MANAGEMENT OF
THE AUTHORITY
(a) Dallas Area Rapid Transit ("DART") is a regional transportation authority created
and operating under Chapter 452 of the Texas Transportation Code. These
regulations are issued under the general authority of Chapter 452 of the Texas
Transportation Code and under Section 452.105 providing that the DART Board
of Directors may adopt rules for the safe and efficient operation and maintenance
of the public transportation system, use of the public transportation system and
the authority's services by the public, and regulation of privileges on property
owned, leased, or otherwise controlled by the Authority.
(1) Words in the singular number include the plural, and those in the plural
include the singular; and
(2) Words of a particular gender include any gender and the neuter, and, when
the sense so indicates, words of the neuter gender may refer to both
genders; and
(b) The titles of chapters, sections, and subsections, or other titles contained in these
regulations are for convenience and reference only and in no way define, describe,
extend, or limit the scope or intent of the substantive provision to which the title
applit)S unless the context so requires.
(a) These regulations shall be interpreted under the laws of the State of Texas
applicable to local governmental entities. No waiver of immunity from suit or
liability is intended by enactment of these rules or regulations unless authorized
by clc::ar and unambiguous language in law.
(b) If any provision of these regulations, or any application thereof to any person or
circumstance, is held invalid, such in-validity shall not affect any other provision
or application of these regulations which can be given effect without the invalid
provision or application, and to this extent the provisions of these regulations are
declared to be severable.
Section 1.04. Specific Repealer. All prior policies and resolutions of the DART Board
of Directors that are inconsistent with these regulations are superseded by these
regulations.
Section 1.05. Construction Against Implicit Repealer. Since these regulations are
general policies of DART, no part of these regulations shall be deemed to be impliedly
repealed or modified by subsequent action of DART if such construction can be
reasonably avoided.
(a) A notice of each rule adopted by the DART Board of Directors shall be published
in a newspaper with general circulation in the area in which the authority is
locate:d once each week for two consecutive weeks after adoption of the rule.
(b) The notice must contain a condensed statement of the substance of the rule and
must advise that a copy of the complete text of the rule is filed in the principal
office of the authority where the text may be read by any person.
(c) A rul1e becomes effective 10 days after the date of the second publication of the
notict: under this section.
Section 2.01. Purpose. DART desires to build, establish and operate a safe, efficient,
and effective mass transportation system. For the safety and comfort of all persons,
DART has established the following regulations that apply to the conduct of a person that
may adversely affect others using or operating the DART transportation system.
(a) A person is prohibited from committing the ollowing acts on a DART vehicle,
DART facility, or DART property unless otherwise specified in this Section:
(1) Smoke or expel the residue of any tobacco product including chewing
tobacco on a DART vehicle or at a DART facility;
(2) Consume any alcoholic beverage or possess an open container of any
alcoholic beverage on a DART bus or DART Light Rail vehicle;
(3) Eating on a DART bus or DART Light Rail vehicle unless medically
necessary;
(4) Engage in disruptive, disturbing behavior including: loud conversation,
profanity or rude insults, or operating any electronic device used for sound
without an earphone(s);
(5) Take any animal onto a vehicle unless the animal's purpose is to assist a
person with a disability, or unless the animal is in training to assist a
person with a disability, or unless the animal is secured in a container
sufficient to contain the animal.
(6) Carry or possess any illegal weapon;
(7) Possess or transport any flammable liquid, combustible material or other
dangerous substance such as gasoline, kerosene or propane;
(8) Litter;
(9) Vandalize the vehicle or property by writing, marking, scribbling,
defacing or causing destruction to the vehicle or property in any manner;
(1 0) Beg or solicit by forcing yourself upon another person;
(11) Spitting, urinating, defecating or exposing one's anus or genitals;
(12) Possess, use or sell any controlled substance;
(13) Ride a DART vehicle without evidence that the proper fare has been paid;
(14) Unauthorized presence on a DART vehicle, DART facility, or DART
property after hours of operation;
(15) Unauthorized use of a DART facility or DART property for non-
transportation related purposes;
(16) Crossing DART Light Rail tracks at a location other than at a traffic or
pedestrian controlled intersection or at a designated pedestrian crossing;
(17) Interfering with the operation of a DART vehicle.
{c) This section does not seek to limit or conflict with any federal, state, or local law
or ordinance; or to prevent any law enforcement agency or entity from taking any
lawful action against any person on a DART vehicle, DART facility, or DART
property.
if;.~ignatur~ of'Rcpurtii,..
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__lf,~'J/P'/L!..t
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ij
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\ ODART Bht~ Lilw Tntius from Downtown Rowlett Station 5000 M11rtin Dr, ODART Gren LhwTraius from N Carrolltoti/Fnmldord Station 1717 W.
i Rowlett TX 75088 to L<'dbeticr Station 2006 E Lcrlbctlcr Dr Dallas, TX 75216 Frankiorrl Rd., C:uTnllton, TX 75007 to Buckner Station 80118 E!am Rd., r>allas,
0Downtown Rowlett Station5000 :\lartin Ilr., Rowlett TX 75088 TX 75217
ODo,n1towu Garland Station 430 W Walnut St. Gnrland TX 75040 ON Cnrrollton/Fnm!d'ord St:ttim 1717 \V. Franlifmrl Rd. Carrollion, TX 7511!17
0Fores!-Jupitcr Station 3232 Forest t.n, Garland TX 750-U OTriniiY i\lills Station 2525 Bl:mton Dr., Carrollton. TX 75006
0UIJ/Skillman Station 10100 LB.J Frwy, D<tllas TX 75243 0Downtown Curro!!ton Station l 013 Denl!ln nr., C:~rrollton, TX 75006
0La!\c Highlands Station 9.'93 Whistle Stop Place, Dallas TX 75231 Ol'Itrmcrs Branch Station 12800 Denton Dr.. Fanners Bmnch, TX 75234
0Whil~ Rodt Station 7~'13.3 E Northwest Hwy, Dnllas TX 75231 OR oval Ln Station 11310 Denton Dr., Dallas, TX 75229
0Moddngh1rd Stntion 5465 E Mockingbird Ln, Dallns TX 75206 Ow:;Inni Hill/Denton Station 2!115 Walnut Hill Ln., Dallas, TX 75229
OCit.)'!}lace!Uptoll'n Station 2711 N Haskell A vc, Dallils TX 75204 0Hachman Station 9739 U(Jiton Dr., Dal!ns. TX 75220
OP~:uI/Arts District SIH1ion22lltl Bryan Sl, Dnllas 'l'X 75.201 0Hurb:mk Stalion8851 Denton Or., Dal!us, TX 752.35
Ost Paul Shttion 1900 Brymt St, Dall:~s TX 75201 Olnwood/Love Fidd Station 2720 Inwood Hd., Ilnl!as, TX 75235
D"'J;.nl'(! Station 14!10 Padfic i\se, Dallas TX 7:52(}2 Osw iHedlclll Distrkt Station210l Medical Distl'ict nr, Il:lll;lS. TX 75235
11f''est End Stntion 800 Pncific Ave, Dalllts TX 75202 0Mark~t c,~nter Station4301 1-!any Hines Btvd., Dallas, TX 75219
Ornion Station H)tl S Houston St, Dallas TX 75202 0Vktory Station 25ZS Victory Av~. O::tllns, TX 75219
Ocunwnliun Cenlt~r Station 727 S Lamal'. Dallas TX 75202 0De~p Ellum Station 450 N Good Latimer Expwy, Dallas TX 75226
OC~dars Station 1112 Belleview St, Dallas-75215 0Haylor tlnhersity Medical Center Station 2900 Junius St, Dallas TX 75226
0Eighth-Cnriuth Station 1740 E Eight11 St, Dallas TX 75203 DI<ait-I'ark Station 3710 I'arr.r Ave, Dallns 'rX 75226
0Morrc!! Station 1363 :\-Iorrell A. ve, Dallas 'fX 75203 OM:LK Jr Station i412 S 'fnmk St. Dallas TX 75210
O!Hinois Station 2111 S Corinth St. Dallas TX 75203 0Httldte!' Station 4003 flatchcl St., Dallas, TX 75210
0Kic>t Station 3300 S Lmtca.~tcr Rd, Dallas TX 75216 OLawn\'icw Station 5900 Scyene Rd., Dallas, TX 75227
L Hospital Station 4510 S bmca~ter Nd, DaUas TX 75216 0Lakc .Time Station 6400 Lake .June Rd. Dalla>, TX 75217
[ netter Station 2006 E LedbeHcl' Rd. Dallas TX 75216 0Buckner Station 8008 Elam Rd., llalla.~, TX /52.17
tJt!J-r6T-
o . .JJlc_iLl~_1ll~.oltJuJ -em,Jv~if~,~L_ 0 DART Bus Stop(s)_________~--------"---~------c--
o___ ~-{L_k. Hll~ilmJr;i1 l ~oq ______ -__________ ODART Bus Stop(s) -----------'--------~--------~
APP. 93
DART000215
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 94 of 187 PageID 1222
Mr. A vi Adelman
5620 E. Side Ave.
Dallas, TX 75202
The Dallas Area Rapid Transit Police Department has instructed the Dallas County Jail Bond
Desk to release the bond posted as a result of your arrest for Criminal Trespass on Tuesday,
February 9, 2016 at Rosa Parks Plaza located at 901 Elm Street, Dallas, TX. A review of the
arrest revealed that it was not consistent with DART Police policies and directives and therefore,
the case will not be filed with the Dallas County District Attorney for prosecution. Although the
officer's actions appear to be within her authority, they are not in line with department directives
concerning photography on DART property. A formal review of all aspects of the incident is
underway.
If you require further information, please contact Sergeant Je.sus Chao, Office of Professional
Standards at 214-749-5914.
Sincerely,
(?.m?a~
f..t."w~f
of Police and Emergency Management
DART000159 APP. 94
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 95 of 187 PageID 1223
INTEROFFICE MEMORANDUM
I am directing an investigation into the arrest of Avi Adelman by Officer Stephanie Branch on February 9,
2016 for possible violations of department guidance on photography by persons in public areas.
On February 9, 2016, Officer Stephanie Branch arrested Avi Adelman at Rosa Parks Plaza for criminal
trespass. However, Officer Branch's audio recordings indicate that her reason for contacting A vi Adelman
was due to him taking pictures of a person receiving medical treatment by Dallas Fire Rescue personnel.
Subsequently, Adelman's refusal to stop taking pictures and leave the scene after being directed to do so led
to his arrest for criminal trespass.
DART000014 APP. 95
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 96 of 187 PageID 1224
Dallas Observer
(dallasobserver.com)
February 12, 2016
First Amendment activist Avi was arrested and charged with criminal
trespassing shortly after taking this picture.
-A vi Aclelman
Four decades ago, when he was 16, Philadelphia police wrote Avi Adelman a ticket for violating
curfew. In all the time he's spent chasing cop cars and ambulances with his camera, in his quarter
century as the Barking Dog of Lower Greenville, in the 59.85 years he's spent being Avi
Adelman, that was the closest he'd ever been to the inside of a jail cell- until Tuesday night.
The evening started out innocently enough. Adelman's wife was at a meeting at their daughter's
school, which left Adelman to take care of dinner. The plan was that she'd text him when she
was preparing to leave, at which point he'd buy tacos from Fuel City on Riverfront Boulevard.
That way, the food would still be hot when they rendezvoused back at their home in East Dallas.
Adelman arrived downtown with about an hour to kill, so he put in his earpiece and tumed on a
police scanner. Adelman is a semi-professional crime buff. Since 2008 he's run Daily Crime
Report, which sorts Dallas police crime reports by neighborhood. He's been an enthusiastic
photographer of crime scenes for even longer, snapping pictures of problem drunks and public
urinators on Lower Greenville Avenue for BarkingDogs.org. He has since intensified his effmis,
routinely listening in on the police scanner and chasing down train wrecks, K2 overdoses
and weed busts. Adelman's repeated encounters with camera-shy first responders have led to his
unlikely emergence as a quasi-respectable First Amendment activist.
Page 1 of 4
~ EXHIBIT
1~ ;(.3
"
DART001109
APP. 96
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 97 of 187 PageID 1225
On Tuesday night his police scanner led him first to the Crowne Plaza Hotel, where police and
paramedics were tending to a man standing in the driveway wearing a hospital robe, with an IV
pole. Adelman stood what he estimates to be 35 feet away and began taking pictures- "No
flash, high speed, about 1200 ASA, wide open lens," The first responders ignored him.
Next came a call from DART's Rosa Parks Plaza for a "guy who was obviously in a catatonic
state," Adelman says, presumably the latest K2 victim. Again, Adelman stood back and began
taking rapid-fire pictures.
"Some time in there, the lady - a uniformed DART police officer - comes up and says, 'You
need to leave, you can't take pictures.' She says 'This is a private issue, you can't be here.'"
Adelman disagreed. The synthetic cannabinoid user was in a public place and therefore had no
reasonable expectation of privacy. And federal privacy law protecting the confidentiality of
medical records doesn't prevent bystanders from taking pictures of a medical emergency.
Adelman said the officer did not like being disagreed with and told him to leave. "
A vi Adelman was booked into the Dallas County jail on Tuesday night.
-Dallas County Sheriff's Office
Which," he says, "is the worst tiring you can say because you're saying the photographer has to
leave but no one else does." Generally, courts have held that a photographer has the same right to
be in a public space as someone without a camera, and there were plenty of others milling about.
Page2 of4
DART001110
APP. 97
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 98 of 187 PageID 1226
Adelman says the officer then demanded his ID; Adelman said he'd show it to her only if she
told him if and why he was being detained. They went back and forth like this for a couple of
minutes "I go, 'Am I being detained?' She says, 'Yes.' That's when she puts me in handcuffs."
Adelman was charged with criminal trespassing. His wife, who had finally given up on Fuel City
and fixed herself dinner, got his call from the jail at about 9:30 Tuesday night. She posted bond
the next morning, and Adelman saw the sunlight again at about 4:30 the following afternoon.
DART spokesman Morgan Lyons said in an email that the agency has "reviewed the exchange
and believes the officers acted properly."
"Dallas Fire-Rescue asked him to move. He refused," Lyons wrote. "Paramedics asked us to ask
him to move several times. He failed to comply and that's why he was arrested. Photography is
allowed in our public spaces but we expect people to comply with the instructions of a police
officer. This is especially true when paramedics tell us the actions of a photographer affect their
ability to provide care."
Adelman says that's not true. "At no point did the firemen come to me, say anything to me,
motion to me to stop taking pictures." Dallas-Fire-Rescue spokesman Jason Evans has not
responded to a message seeking clarification.
The paramedics' wishes, whatever they were, may not even matter from a legal standpoint.
"There is a First Amendment right to photograph police and other government officials doing
their work in public places," says Bob Com-Revere, a Washington-based First Amendment
lawyer and adjunct scholar at the Cato Institute, a libertarian think tanlc. "That's sort of a baseline
right."
That right ends as soon as the photography begins to interfere with official duties. The line
separating a government official's annoyance with a photographer and criminal interference with
public duties is a blurry one that courts evaluate on a case-by-case basis, but, Com-Revere
said, "I assume if that [interference] were the issue, that's what [Adelman] would have been
arrested for." He added, "Quite often the charge in a case like this is one ofthose BS catch-and-
release kind of things."
According to Com-Revere, Adelman's arrest is reminiscent of the case of Simon Glik. In 2007
Glik was passing through Boston Common when he witnessed a trio of police officers making an
anest. He pulled out his cell phone and began recording from about 10 feet away. When officers
noticed that he was filming them, they charged him with wiretapping, disturbing the peace and
aiding the escape of a prisoner. Glik sued and, in 2011, the 1st U.S. Court of Appeals ruled
unanimously that he had a constitutional right to record police.
Page 3 of4
DART001111
APP. 98
I
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 99 of 187 PageID 1227
I
The Glik ruling doesn't have any direct bearing on how local courts would treat a legal challenge I
to Adelman's arrest. The U.S. Supreme Court has never ruled explicitly that there's a
constitutional right to film police, nor has the 5th Circuit, which sets precedent for federal courts I
!
in Texas and neighboring states. But the notions that photography is constitutionally protected
speech and that speech can't be arbitrarily limited in public spaces including public transit hubs I
t
seem as though they should apply doubly to plazas named for pioneers of the civil rights
i
movement. 1
I
The First Amendment implications of Adelman's arrest will be hashed out at a future date in a
federal comtroom. For now, Adelman's looking for a good criminal defense attorney.
Il
Page4 of4 I
DART001112
APP. 99
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 100 of 187 PageID 1228
The man behind barkingdogs.org was arrested Tuesdaynight, the Dallas Observer reports.
A vi Adelman3 who has spent years following law enforcement officers with his camera, was
charged with criminal trespassing, the Observer said Friday.
Adelman told the Observer he went to DART's Rosa Parks Plaza after heruing a report about a
man who "was obviously in a catatonic state."
Adleman said a DART officer told him to stop taking pictures because the incident was a
"private issue."
DART spokesman Morgan Lyons had "reviewed the exchange and believes the officers acted
properly."
"He was cited for criminal trespass," Lyons said in a written statement Friday night. "He was
asked repeatedly to back away while paramedics treated someone at Rosa Parks Plaza. He
repeatedly refused to comply with the officers so he was arrested."
Page 1 of2
DART001113
APP. 100
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 101 of 187 PageID 1229
Adelman denied Dallas Fire-Rescue personnel asked him to stop taking photos.
Adelman's barkingdogs.org website and his outspoken fight against crime and public nuisances
on Lower Greenville brought him to prominence.
He has squared off with Dallas police and other law-enforcement agencies before about his
photographs during emergency situations.
Last year he angered the Dallas Police Association by photographing a Dallas police officer who
suffered a heart attack on the Santa Fe Bike trail.
Page2 of2
DART001114
APP. 101
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 102 of 187 PageID 1230
Photography is allowed in public spaces but we also expect people to comply with the instructions of a police
officer. This is especially true when paramedics tell us the actions of a photographer aff~ct their ability to
provide care.
We have reviewed the exchange and believe the officers acted properly. But he is welcome to
send a formal complaint to us. Dallas Fire Rescue asked him to move and asked us to ask him to
move several times. He failed to comply and that's why he was ruTested.
Confirmed he was cited last night. I'm working to get details. The word I got is
the pruamedics asked him to step back, he re:fi.1sed, we asked him to step back, he
refused, paramedics asked us to move him back as they were treating the patient.
He refused and that's when he was cited.
Thanks,
Morgan
Hey Morgan you may not get this until the morning but I wanted to check on
something that's happening now. I'm told DART Police anested Avi Adelman r-=~~.._.._...__
1
I EXHIBit
DART001421 J ~
APP. 102
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 103 of 187 PageID 1231
for taking photographs at the scene of a medical emergency at the West End
Station. I was hoping you could find out why he would be aiTested for
something like that and whatever else you can find out thanks JD Miles CBS 11
News 817-307-4616
2
DART001422
APP. 103
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 104 of 187 PageID 1232
We have reviewed the exchange between him, Dallas Fire Rescue and DART Police and believe the officers acted
properly. Dallas Fire Rescue asked him to move. He refused. Paramedics asked us to ask him to move several
tim~s. He failec;l to comply ancf that's why he w~s arresteq. Photography is allowed in our public spaces but we al~o
expect people to comply with the instructions of a police officer..This is especially true when paramedics tell us the
actions of a photographer affect their ability to provide care.
I'm trying to get more information involving an arrest/incident with one A vi Adelman at a DART
$tation the other hight. I h$ard h~ W~l?. 9ffe$t?d for ta{dng pictures during ;;~n actiVe
investigation/occurrence of a possible drug event.
Thanks.
Bill Zeeble
KERA go public
1
DART001308
APP. 104
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 105 of 187 PageID 1233
We have reviewed the exchange and believe the officers acted properly. Dallas Fire Rescue asked
him to mov~. He tefl.lsed. Paratnedicl? as!<ed us to ask him to move sever~.l times. He failed to comply
and that's. why he was arrested. Photography is allowed in our public spaces but we also expect
people to comply with the instructions of a police officer. This is especially true when paramedics tell
us the actions of a photographer affect their ability to provide care.
Eric Nicholson
Dallas Observcl'
2501 Oak Lawn Ave, Suite 355
Dallas7 TX 75219
214-757-8438 (o)
214-924-1770 (o)
eric.nicholson@dallasobserver.com
dallasobserver. com
Twitter: @EricNicho1son4
1
DART001309
APP. 105
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 106 of 187 PageID 1234
We have reviE:lWeci the exchange-and pelieve the officers acted properly. D13llas Fire Rescue asked him to move. He refused.
Paramedics asked us to ask him to move several times. He failed to comply and that's why he was arrested. Photography is
allowed in our public spaces but we also expect people to comply with the Instructions of a police officer. This is especially true
wn~n paratnedics tell us the actions of a phQtographer affect their ability to provide car~.
Oo. Fri, Feb 1_2, 2016 at 8:51AM, Raine Devries <raine@velvetburnol!t.c.::om> wrote:
I'm requesting confirmation of the physical street address as shown on the arrest report ofA vi S. Adelman on
the evening of Wednesday, February 10,2016. He was in/near the Rosa Parks Plaza (901 Elm Street).
Also, I would appreciate a quote from DART regarding the following: Train platforms and bus stops being
cla~sified &S private property rather th(_lll public I city pr9perty,
Raine De1ies
Producer Joumalist Social Media
Three-time Clarion Award Winner
Monthly Colunmist for Thunder Piess 1vfagazine National Coltmmist covering Harlev-Davidson tor Examiner.com
1
DART001310
APP. 106
0 Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 107 of 187 PageID 1235
Thanks,
Morgan
1
DART001441
APP. 107
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 108 of 187 PageID 1236
AVIS. ADELMAN
Plaintiff,
v. Civil Action No. 3:16-cv-2579
DALLAS AREA RAPID TRANSIT,
and STEPHANIE BRANCH, individually y 7
and in her official capacity as a Dallas
Area Rapid Transit Police Officer
Defendants.
Pursuant to Rule 33 (b) of the Federal Rules of Civil Procedure, Defendant DALLAS
follows:
FIRST INTERROGATORIES
INTERROGATORYNO. 1: State DART's formal policy on photography and the right
to photograph on DART's property and identify any differences between the current policy and
the one that existed prior to July 1, 2014.
ANSWER: DART objects to this interrogatory as vague because in is not specific as
to which policy on photography it is referring to. Subject to the forgoing objection, the DART
police photographic policy and the training documents used relevant to this interrogatory are
attached as DART 000189. The attached copy is sufficient for the Plaintiff to ascertain and
afford him the opportunity to inspect and derive to the answer this interrogatory.
APP. 183
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 184 of 187 PageID 1312
may be asked to continue on their transportation trip or maybe given notice that specific conduct
or behavior constitutes a violation of the DART Code of Conduct. DART police officers are
sworn Texas peace officers and can use their discretion to issue a criminal trespass warning or
arrest based on probable cause for the offense of criminal trespass under Texas Penal Code
30.05.
INTERROGATORY NO.3: Identify all training DART provides relating to
photography and the right to photograph and identify all persons involved in the preparation and
presentation of such training.
ANSWER: Defendant DART provides a training in "Photography Policy." See
documents or material under DART 000189. The attached copy is sufficient for the Plaintiff to
ascertain and afford him the opportunity to inspect and derive to the answer this interrogatory.
INTERROGATORY NO.4: Identify all DART police officers and personnel who had
not received training on photography and the right to photograph as ofFebruary 9, 2016.
ANSWER: Defendant DART has offered photography training to its all officers and/or
has made the Photography Policy available to all its officers. Defendant DART will continue to
04-26-2017 Supplemental Responses: See DART Bates No. 522-538 pertaining to Plaintiffs
RFPNo. 38.
INTERROGATORY NO. 5: Identify any DART policies that Officer Branch violated in
connection with the Incident.
ANSWER: Please see DART Police Office of Professional Standards, IA 16-05
report under DART000001-000012 and attachments under DART000013-000162.
05-17-2017 Supplemental Response: See Notice of Suspension of Officer S. Branch dated 09-
14-16, DART 000202-000205.
INTERROGATORY NO.6: Explain the basis for Morgan Lyon's statement that DART
"believes the officers acted appropriately" in connection with the Incident, including to whom
Mr. Lyons spoke and what materials he relied upon in reaching that conclusion.
APP. 184
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 185 of 187 PageID 1313
See email at DART 001308. Lyons made this statement after speaking or receiving preliminary
information from Chief James Spiller, Deputy Chief Ed Addison or other DART Police
Command Staff.
INTERROGATORY NO.7: Explain the basis for Chief James Spiller's determination
that a three-day suspension was an appropriate disciplinary action for Officer Branch's role in
the Incident.
ANSWER: 05-17-2017 Supplemental Responses:
As Chief of Police for the DART Police Department James Spiller directs and oversees
police personnel. Chief Spiller has the authority to investigate or order that an investigation by
the Office of Professional Standards be done of any alleged misconduct or complaint of police
staff. On February 12, 2016, Chief Spiller directed an investigation into the arrest of Avi
Adelman by Officer Stephanie Branch on February 9, 2016 for possible violations of department
guidance on photography by persons in public areas. Based on the IA investigation; Branch's
training, education and work history; consideration of any chain of command recommendations;
and other circumstances involving Branch or the incident, Chief Spiller used his discretion in
recommending or supporting a three-day suspension as appropriate disciplinary action for
Officer Branch.
INTERROGATORY NO.8: Sate the reasons why DART elected not to participate in the
North Texas Right to Photograph & Record in Public event.
ANSWER: Defendant DART objects to this interrogatory as overbroad and unduly
burdensome to the extent it calls for Defendant DART to reproduce, in narrative answer format,
information that is best suited for a question and answer format with the relevant witness.
APP. 185
Case 3:16-cv-02579-B Document 53 Filed 09/15/17 Page 186 of 187 PageID 1314
Subject to the forgoing objections, DART gets invited to many training events and based on the
police department's needs, funding, resources, timing, TCOLE training requirements and overall
deployment of police resources, the DART police training department and DART police
executive team use their discretion to determine which training or public event it will participate
in.
INTERROGATORY NO.9: State the bases for your assertion of the affirmative
defenses of governmental, official or qualified immunity, including any legal and factual support
for such defenses.
ANSWER: Please see DART and/or Branch's Original Answer to Plaintiffs
Complaint. Defendant objects to this Interrogatory because it seeks a legal conclusion and
impedes or seeks to discover attorney work product. Subject to these objections, Qualified
Immunity shields government officials performing discretionary functions from liability for civil
damages insofar as their conduct does not violate clearly established statutory or constitutional
rights of which a reasonable person would have known.
INTERROGATORYNO. 10: State the bases for your assertion of the affirmative
defenses that Officer Branch acted in good faith, took corrective steps and made an arrest
supported by arguable or mistaken existence of probable cause. Your answer should identify the
arguable or mistaken probable cause upon which you are relying in asserting this defense.
ANSWER: Please see DART and/or Branch's Original Answer to Plaintiffs
Complaint. Defendant objects to this Interrogatory because it seeks a legal conclusion and
impedes or seeks to discover attorney work product. Subject to these objections, Qualified
Immunity gives government officials such as police officers acting in real time situations
breathing room to make reasonable but mistaken judgments, and protects all but the plainly
incompetent or those who knowingly violate the law. The purpose of qualified immunity is to
protect police officers who do their best to understand the law and yet are uncertain of how it
may apply in a specific situation or circumstances. Good faith pertains to how the officer or
department acted after there was time away from the scene to review or deliberate the incident or
arrest and how the officer or department proceeded thereafter.
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INTERROGATORY NO. 11: State the bases for your assertion of the affirmative
defenses that Officer Branch engaged in intentional acts outside the course and scope of her
employment. Your answer should identify the intentional acts that occurred outside the course
and scope of Officer Branch's employment.
ANSWER: Please see DART and/or Branch's Original Answer to Plaintiffs
Complaint. Defendant objects to this Interrogatory because it seeks a legal conclusion and
impedes or seeks to discover attorney work product. Reviewing the theories of recovery and
damages alleged by the Plaintiff in their Original Complaint and Application for Permanent
Injunction that are based or sound in tort, i.e. intentional conduct by Officer Branch, DART has
asserted various defenses of government, official or qualified immunity based on the
determination of whether Officer Branch's conduct was within the course and scope of her
employment with DART.
Respectfully submitted,
CERTIFICATE OF SERVICE
This is to certify that on May 17, 2017 a copy of this document was served by regular
mail and fax upon Plaintiffs Counsel, Tyler J. Bexley, Reese, Gordon, Marketos, LLP, 750 N.
Saint Paul Street, Suite 610, Dallas, Texas 75201-3202. Fax: 214-501-0731,
lyler.bex ley@.rgmfinn.corn and Counsel for Co-Defendant Jane Bishkin, Law Offices of Jane
Bishkin, 10000 N. Central Expressway, Ste. 400, Dallas, Tx. 75231, jbish@swbell.net.
sf Higinio Gamez
Higinio "Gene" Gamez
Attorney for Defendant DART
APP. 187