PART SIX
AN UNBELIVABLE STORY
PART
SIX
57) 2/21/2000
I, Brenda Bennett, had court in Royse Court because Officer Hall
was
stalking my home and he chased me out of my driveway for about
three
miles before pulling me over and giving me a speeding ticket and
I was
not speeding.
58) 3/13/2000
I, Brenda Bennett, and Chip both had court in Royse Court.
59) 3/25/2000
Officer Earl raged at me and knocked me down while tearing my
shirt off
of me. I was bruised up and in an emotional stress with my blood
pressure
pounding out my ears. I knew this time they would kill me, but I
got away
and called 911 which Rockwall County Sherriff came in response. I
told
the sheriff to arrest the cop and I wanted to press charges.
They
refused to arrest him but made him leave my property. This
sherriff
department is where the chief of police Thomasson's wife is
employed and
they conspire together always.
60) 4/2000
My oldest son, Chad, left my home to go to work. The police was
stalking
us again of course and observed my son leaving. Officer Pelton
stopped
him on the next street over and gave him a DWI. Chad had just
woke up
before leaving for work and did not drink at all before leaving
my home.
I and many others went to the scene and observed these corrupt
cops. The chief of police, Thomasson was there in his private
vehicle off duty,
harrassing my son. They then called Rockwall County Sherriff to
arrest my
son. Later I learned from his lawyer that it was illegal for the
sherriff
to arrest him. A DWI person has to be arrested by the officer
that
stopped him.
61) 4/12/2000
Rockwall County Sherriff went out of their county (illegal) to
Dallas
County and arrested my son, Chad, for these same false
allegations from
Royse City police, that caused a blue warrant to be put on Chad.
But even
though their was a blue warrant on my son, did not give them
legal
authority to go to Dallas County and arrest him.
62) 4/2000
Chad's Parole Officer told me that Royse City chief of police,
Thomasson, called him and told him that we are an awful family
and all with long records, etc. The truth is we never had a
record until Royse police put so many false allegations on us.
63) 4/26/97
11:30
PM
Royse police illegally impounded my Chevrolet Blazer. The police
made four people get out of my blazer and walk home because they
said they was impounding it because it had a SR-22 filed on it.
SR-22 is a legal insurance paper that is filed on vehicles. This
was not a legal reason to impound and sell a vehicle as they did.
64) 4/26/97
At
about 2:30 AM, about 20 Royse City cops with Rockwall
County Sherriff
deptueys beat my door in to tell me that crime watch called them
and said
me and my daughter was in my front yard with only panties and a t
shirt
on. I immediately slammed the door in their face and told them
they had
sick minds and to get off my property.
65) 10/28/97
Chanda went to Rockwall County Jail because she was stopped and
had a
warrant that she was unaware of because Officer Hall of Royse
police gave her a ticket without her knowledge. As he passed her
driving one day, he wrote her a ticket and never stopped her to
give it to her. Because she had no knowledge of his illegal
procedure of giving her this ticket, she missed court which
caused a FTA (failure to appear). The judge and police then
turned her in to DPS in Austin Texas to have her license
suspended for the FTA. This in turn caused a warrant and many
other tickets and warrants. I have a letter from the DPS
explaining their assistance to Chanda for reinstating her license
due to the police and judge's illegal actions.
66) 11/5/97
Royse court requested a business affadavid for the days Chanda
was in the hospital because the hospital record was not good
enough for her court absence. DPS legal department in Austin told
me that the only way a court can request a business affadavid is
if it is needed to be used as a
witness in court.
67) 11/15/98
Royse busted door in without knocking because they was stalking
us again at church and observed my ex coming to my home to see
our kids, and they arrested my ex for a misdemeanor after tearing
my house to pieces and destroying my doors and walls.
68) 1997
My ex was given a ticket because one wheel of his trailer was
touching my
yard. I drove throughout the town and observed approximately 20
trailers
that was totally parked on their yards and they are still parked
in their
yards today and they said they never recieved tickets.
69) 11/97
In Quinlin Texas, Wood County probation officer, Larry Wilcox,
called me
and told me that Royse City chief of police, Thomasson, keeps
calling him
encouraging him to put a warrant out on my ex. My ex had been
given a
ticket in Winnsboro Texas in Wood County, for living on his very
own
inherited land and house from his parents, for trespassing.
Without my
ex's knowledge, his sister, Mary Bennett Fisher, had forged my
ex's name
and sold their inherited land of their parents.
70) 11/97
This was one of many times that I faxed leaders for help from
this
conspiracy. This day I faxed letters to Texas Senator David
Cain's office
in Greenville Texas, and his assistant Jeb mainord spoke with me
about
it.
71) 9/21/99
Chip was writting Chip a ticket for "supposidly" having
snuff in his
mouth but no one ever seen any snuff. As the officer was writting
the
ticket, he recieved a family violence call and had to leave,
72) 10/5/99
Officer was stalking me again at church. As I pulled out of my
driveway,
hall started his cop car and followed me. he stopped me about
three miles
after following and gave me a speeding ticket. I was not speeding
and I
told him so.
73) 10/14
thru 10/ 18
Police shined spotlights in our windows every night.
74) 10/15,99
Police went to Royse elementary and told Chip's friend (Dustin
Hix)
mother that Dustin has been writting e mails from Rustic Meadows
sub
division (my sub division) to a boy at school. Dustin has never
used my
computer or e mail.
IN
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
TEXAS
DALLAS DIVISION
MATTHEW BENNETT and BRENDA BENNETT
Plaintiffs,
V. CIVIL ACTION NO. 3:99-CV-0672-L
DANA THOMASON, BILL VEGAS, BETSY BROCKMAN, MELODY EAST, JUDY
COTTER and
ROYSE CITY, TEXAS
Defendants.
PLAINTIFFS' FIRST AMENDED COMPLAINT AND JURY DEMAND
TO THE HONORABLE UNITED STATES DISTRICT JUDGE:
INTRODUCTION
1.
This is a civil action based on the United States Constitution
and the
common law for money damages. Plaintiffs have been denied rights
guaranteed to them by the United States Constitution. Because of
the acts
and/or omissions of Defendants Royse City, Texas, Dana Thomason,
Bill
Vegas, Betsy Brockman, Melody East, Judy Cotter and Royse City,
Texas,
the Plaintiffs' privacy was violated, their home was illegally
entered,
the Plaintiffs were illegally detained, the Plaintiffs suffered
injury
from an unlawful eviction, the Plaintiffs were deprived of
property, the
Plaintiff's were deprived of the right to association and the
Defendants
unlawfully interfered with the mother-son relationship.
JURISDICTION
2. Jurisdiction over this action exists by reason of the Fourth
and
Fourteenth Amendments to the United States Constitution, and by
virtue of
28 U.S.C. §§ 1331, 1343(3), 1343(4). Plaintiffs' claims are
procedurally
brought forth pursuant to 42 U.S.C. §§ 1983 and 1988.
VENUE
3. All of the Defendants reside in Rockwall County, Texas, within
the
judicial district of this Court. Defendant, Royse City, Texas is
located
within Rockwall County, Texas. Plaintiffs' claims arose within
the
judicial district of this Court.
PLAINTIFF
4. Plaintiff Matthew Bennett is a citizen and resident of the
United
States and the State of Texas and is presently seventeen (17)
years of
age.
5. Plaintiff Brenda Bennett is a citizen and resident of the
United
States and the State of Texas. Plaintiff Brenda Bennett is the
mother of
Plaintiff Matthew Bennett and brings this suit on behalf of
herself and
her son.
DEFENDANTS
6. At all relevant times herein Defendants Dana Thomason and Bill
Vegas
were police officers employed by the City of Royse City, Texas.
Dana
Thomason had been appointed by Royse City's Council as Police
Chief. At
all times pertinent hereto, each individual Defendant acted under
the
color of state laws and usage. Defendant Vegas is sued in his
individual
capacity. Defendant Thomason is sued in his individual and
official
capacity. The Royse City Council selected/appointed/delegated to
Dana
Thomason all policy and employment decisions related to the
operation of
the Royse City Police Department. By policy and/or custom,
Defendant
Royse City, Texas failed to properly instruct its officers on the
procedures required by the Fourth Amendment in regard to the
service of
warrants and on what constitutes probable cause for the seizure
of
persons and/or seizure of property.
Defendant Thomason, on several occasions prior to the seizure of
Plaintiffs Matthew Bennett and Brenda Bennett, had demonstrated
to Royse
City, Texas' policy makers that he was an unstable and
incompetent police
official.
Defendant Thomason established policy for the Royse City Police
Department and purposely failed to remove Vegas and/or purposely
failed
to correct Vegas' and other Royse City police officials
demonstrated
deficiencies and/or incompetence. Prior to the illegal acts
visited upon
the Plaintiffs, Defendant Royse City, Texas knew or should have
known
that Defendants Thomason and Vegas were erratic and unstable
persons who were not capable of performing as police officers in
conformance with the Constitution.
Defendant Royse City, Texas has ratified Thomason's and Vegas'
acts and
Royse City officials and policy makers have approved and ratified
their
improper and illegal acts including illegal and malicious
prosecutions, illegal arrests, illegal searches, the illegal
takings of the Plaintiffs' property and discrimination directed
towards the Plaintiffs because of their association with
Afro-Americans. During the time both Thomason and Vegas were
working as police officers for Royce City, Texas, both Thomason
and Vegas demonstrated that they are unpredictable, prone to make
improper decisions to arrest and search, and they are erratic,
and prone to illegal acts, however, no official in the Royse
City, Texas, has removed either of them from duty. Rather, Royse
City, Texas chose to ignore and/or cover-up Defendant Thomason's
and Defendant Vegas' improper acts.
7. Defendants Betsy Brockman, Melody East and Judy Cotter are
employees
of the Texas Department of Human Services. At all material times
herein
these individuals acted under color of law. These Defendants are
sued in
their individual capacity.
FACTS
AND CAUSES OF ACTION
8. Plaintiff Matthew Bennett was born on November 23, 1981. This
Plaintiff was born with several congenital birth defects. During
his
first year of life Matthew Bennett was diagnosed with a bowel
malrotation. Surgery was performed and partial correction of the
malrotation was accomplished. During the surgery it was
discovered that
Matthew Bennett's inferior vena cava was absent and that blood
returned
to the heart via the hemiazygos vein. The inferior vena cava is a
large
vein that returns blood from the lower body to the heart. (The
absence of
the vena cava is a relatively difficult condition to diagnose and
is one
that a physician may overlook in a routine medical examination.
For this
reason, a physician would need to examine Matthew Bennett's
extensive
medical records before rendering any sort of an opinion, as to
his
medical health and/or status. The absence of an inferior vena
cava means
that blood in the body of Plaintiff Matthew Bennett does not
adequately
return to his heart, making it dangerous for him to become
physically or
emotionally exerted. Discovery of the missing vena cava occurred
during
surgery to correct another problem.) Other problems subsequent to
the
malrotation developed and they were diagnosed as follows:
1) Duodenal obstruction from a portal vein with bile drainage
directly
into the stomach;
2) Recurrent pneumonia;
3) Left vesicoureteral reflux;
4) Renal vascular hypertension;
5) Immobile Selye syndrome;
6) Kartagener's syndrome; and
7) Situs inversus with exclusion of the hears. On several
occasions
Plaintiff Brenda Bennett has been informed by several treating
physicians
that, due to his medical problems, Matthew Bennett's life is in
constant
jeopardy. Plaintiff Matthew Bennett also suffered scarlet fever,
strep
throat, mononucleosis and varicellar zoster infection. Later in
life,
Plaintiff Matthew Bennett was discovered to have a mal-developed
frontal
lobe in his brain. This condition caused a type of seizure that
occurred
when Plaintiff Matthew Bennett was sleeping. Additionally,
Plaintiff
Matthew Bennett developed a form of diabetes. As a result of
these
problems and others, Plaintiff Matthew Bennett has spent the
majority of
his life under the care of numerous physicians. His medical
condition has
also necessitated numerous hospitalizations. As a result of these
conditions, etc. Plaintiff Brenda Bennett, mother of Plaintiff
Matthew
Bennett, was forced to give up employment and devote herself to
the
full-time care of her son, Matthew Bennett. Over the last
seventeen years
Plaintiff Brenda Bennett, because of the necessity to lift her
ever
growing son, has severely injured her back and she is now
physically
disabled due to back injuries.
9. Because of the amount of time that Brenda Bennett has devoted
to the
care of her son, Matthew Bennett, and because of a divorce from
the
father of Matthew Bennett, Plaintiff Brenda Bennett has been
rendered
financially destitute and she and her son Matthew are dependant
on
charity and government benefits for survival. The Defendants are
all
aware of the Plaintiff's financial difficulties and all of them
discriminate against the Plaintiffs because of their financial
status and
all of the Defendants have acted against the Plaintiffs because
they
believe that poor people cannot fight back and poor people, like
the
Plaintiffs, cannot resist their illegal acts.
10. The Plaintiffs have also incurred the ire of the Royce City
Police
Department and Defendant Thomason because the Plaintiffs have
befriended
several black or Afro-American persons. On several occasions over
the
last two years, members of the Royse City Police Department have
informed black persons visiting the Plaintiffs' home in Royse
City, Texas to not visit the Plaintiffs' home. In December, 1997,
Defendant Thomason ordered black children playing in the
Plaintiffs' yard to leave the Plaintiffs'
home and get on "your side of Royse City." On numerous
other occasions
black persons in the company of the Plaintiff Brenda Bennett's
adult
daughter were detained and were caused to display their
identification
and/or driver's license to members of the Royse City Police
Department
including Defendant Thomason. Thomason and Royse City police
officials
did these acts without any actual belief that any offense had
been
committed or that they actually suspected criminal activity. The
requirement to display identification was not done to further
some
legitimate police purpose but rather was done to intimidate the
black
persons who had been or were to be guests at the Plaintiffs'
home.
11. From the time that the Plaintiffs' became residents of Royse
City,
Texas, they have resided at 701 Meadowdale. This home is located
in the
same neighborhood and is very close to the home occupied by
Defendant
Dana Thomason and Defendant Dana Thomason objects to the
Plaintiffs
living near him. At all relevant times herein Royce City
officials and
Defendant Thomason have sought to force the Plaintiffs to leave
Royse
City, Texas. In order to carry this plan into effect, Defendant
Thomason,
without adequate cause or suspicion, has required and/or
encouraged
members of the Royse City Police Department to place the
Plaintiffs' home
under surveillance. In addition to surveillance conducted by
members of
the Royse City Police Department, Thomason has encouraged his
neighbors
who are in the Royse City Police Department's sponsored
"Neighborhood
Watch Program" to place the Plaintiffs' home under
surveillance as well.
The result of Defendant Thomason's acts means that the
Plaintiffs' home
has been under police surveillance for the last several years.
This has
occurred in spite of the fact that no criminal conduct has
actually been
suspected and no crime has been committed other than some traffic
offenses.
12. On or about March 26, 1997 all of the Defendants agreed among
themselves, without probable cause, to remove Plaintiff Matthew
Bennett
from the care of his mother. To accomplish this, Defendant
Thomason
falsely told Defendants Brockman, East and Cotter that Matthew
Bennett
was being mistreated by his mother, Plaintiff Brenda Bennett.
Defendants
Brockman, East and Cotter, with the knowledge that they had no
evidence
of any mistreatment of Matthew Bennett, filed a lawsuit against
Brenda
Bennett based solely on speculation. In this lawsuit, Defendants
Brockman, East and Cotter falsely contended in a wholly
conclusionary
fashion and without cause that Brenda Bennett was over protective
of
Matthew Bennett and that in reality Matthew Bennett was not in
the need
of any medical supervision or care and that Brockman, East and
Cotter
should have parental control and supervision over Matthew
Bennett. These
conclusions were false and were made wholly without a factual
basis and
were made even though Texas Family Code Art.
261.101 requires personal knowledge of the factual basis for
bringing
suit.
None of the Defendants had any reasonable basis to believe that
Matthew
Bennett was not in need of constant care and supervision. (During
all
relevant periods of time herein, Plaintiff Brenda Bennett had in
her
possession a copy of her son's (Matthew Bennett) hospital records
from
Children's Medical Hospital located in Dallas, Texas. This
hospital and
the physicians located therein have primarily cared for Matthew
Bennett
for much of his life. The Plaintiff kept these records in her
possession
so if any emergency situation developed, Brenda Bennett could
brief any
emergency physician on the Plaintiff Matthew Bennett's status
and/or
medical condition.
All of the Defendants were given, by Brenda Bennett, the
opportunity to
examine these records but none of them until long after March 26,
1997
availed themselves of the opportunity to examine these materials
and/or
recognize their significance.
