Served: Federal Lawsuit Filed Against Addison Officers Who Violated My Right to Record Them
FOR IMMEDIATE RELEASE
August 25, 2015
Kervyn B. Altaffer Jr.
Law Office of Kervyn B. Altaffer Jr.
4054 McKinney Ave Ste 310
Dallas, TX 75204
Email: [email protected]
A civil lawsuit was filed today in the United States District Court, Northern District of Texas on behalf of Brett Sanders, against Addison, Texas police officers T. Bagley, Mike Vincent, B. Jones and the Town of Addison on the grounds that all parties violated Sanders’ First, Fourth, and Fourteenth Amendment rights under the Constitution of the United States.
On June 25th, 2015 Officer T. Bagley approached Sanders on a public sidewalk across the street from the Addison, Texas Police Station while he was recording police activity. Bagley immediately attempted to chill Sanders’ First Amendment right by instructing him that he did not have authority to video record the police station, and that he should “move along.” After refusing to leave, Bagley demanded that Sanders provide identification for which he refused, understanding that Texas law does not require Texans to identify themselves unless they are under arrest.
When Sanders asked why he was being detained, Bagley replied that he was “violating a policy that he should not be doing this.” Soon after Sanders calmly announced that he was reaching for his cell phone, Bagley assaulted Sanders by sweeping his legs and subsequently threw him to the ground, causing bodily injury. Sanders was then handcuffed and detained by the aforementioned Addison officers. It was then, according to the police report, when officers first noticed the pre-1899 black powder pistol that was open carried on Sanders right hip. The unloaded pistol was seized throughout the entire detainment.
Sanders seeks punitive damages against Defendants Lieutenant Vincent, Officer Bagley and Officer Jones for their intentional, willful and wanton acts completely ignoring “clearly established statutory and constitutional rights of which a reasonable person would have known.” Sanders hereby sues for these damages, and prays for just and fair recovery thereof.
Prior to filing suit, the Town of Addison was presented with an undisclosed demand letter, but voted against taking any action. According to the Town’s insurance adjuster, Addison is prepared to take the case all the way to trial.
Watch the full incident below