Complaint 3-16-Cv 02579-B Adelman V DART

Case 3:16-cv-02579-B Document 2 Filed 09/08/16
Page 1 of 15 PageID 2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AVI S. ADELMAN,
Plaintiff,
v.
DALLAS AREA RAPID TRANSIT and
STEPHANIE BRANCH, individually and in her

official capacity as a Dallas Area Rapid Transit
Police Officer,
Defendants.
CIVIL ACTION NO. 3:16-cv-2579
PLAINTIFFS COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Plaintiff Avi S. Adelman files this Complaint and Application for Permanent Injunction
against Dallas Area Rapid Transit (DART) and Stephanie Branch, individually and in her official
capacity as a DART Police Officer, and respectfully shows the Court as follows:
SUMMARY OF THE CASE
1.
This case is about the constitutional rights to freedom of speech, freedom of the
press, and freedom from unlawful arrest. On February 9, 2016, DART and Officer Branch
violated these fundamental constitutional rights when Officer Branch arrested Avi Adelman
without probable cause and jailed him overnight, all because Adelman was exercising his First
Amendment right to take photographs in public.
2.
Officer Branchwith the blessing of her supervisor, DART Police Sergeant T.
Hutchinsused a trumped-up charge of criminal trespass to justify her unlawful arrest of

Adelman. Officer Branch also justified the arrest by falsely stating that Adelman was interfering
with Dallas Fire/Rescue (DFR) paramedics and that those paramedics had asked Officer Branch
to move Adelman from the scene.
COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION
Page 1
3.
DART supported Officer Branchs false account, with its spokesman, Morgan
Lyons, stating less than 24 hours after the arrest that DART had reviewed the exchange and
believes the officers acted appropriately. According to Lyons, Dallas Fire-Rescue asked
[Adelman] to move. He refused. Paramedics asked us to ask him to move several times. He
failed to comply and thats why he was arrested. The evidence paints a starkly different picture
from the one painted by Lyons and DART. In fact, just a few days after Lyons issued his
statement, DFR spokesman Jason Evans disputed DARTs account: 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 [DART] officers to ask him to leave the scene and/or stop taking
pictures.
4.
Faced with these inconsistenciesand the overwhelming evidence demonstrating
that the arrest and imprisonment were clear constitutional violationsDART dropped the
criminal trespass charge against Adelman on February 16, 2016. Shortly after that, DART
initiated an Internal Affairs investigation into Adelmans arrest. The investigation revealed that
Officer Branch committed numerous violations of law and disregarded Adelmans constitutional
rights. Specifically, DART concluded that Officer Branch did not establish Probable Cause to
effect the arrest and improperly arrested Adelman while he was simply taking photographs of a
person in a public place where he had a legal right to be present.
5.
DART also concluded that Officer Branch made numerous false statements in her
incident report, including her statement that DFR instructed her to keep Adelman back because
he was too close to the scene. According to DART, [t]his statement has been denied by DFR
personnel and by Officers Craig and Cannon. This statement is not heard or viewed on any
Page 2
video or audio recordings taken from the scene. All told, DART concluded that Officer
Branchs incident report contained 23 statements that were not accurate.
6.
Despite finding that one of its officers violated Adelmans constitutional rights
and made 23 false statements, it is not clear that the officer has faced any consequences. Nor has
DART offered to compensate or even apologize to Adelman after violating his constitutional
rights, berating and humiliating him, and forcing him to spend nearly 24 hours in jail for nothing
more than taking photographs in a public space. Additionally, DART has not made any policy
changes and continues to enforce policies that are likely to result in future constitutional
violations. In fact, while Adelman has spent the last several months attempting to resolve this
matter without litigation, DART declined Adelmans request for an apology and a change in its
policies and has refused even to discuss a resolution of this matter. Adelman therefore files this
lawsuit.
PARTIES
7.
Plaintiff Avi S. Adelman is a Texas resident. He currently resides at 5620 East
Side Avenue, Dallas, Texas 75214.

8.
Defendant Dallas Area Rapid Transit is a regional transportation authority created
under Chapter 452 of the Texas Transportation Code and an instrumentality of the State of
Texas, with its principal place of business in Dallas, Texas. DART may be served with process
through its registered agent, Gary Thomas, 1401 Pacific Avenue, Suite 1700, Dallas, Texas
75202.
9.
Defendant Stephanie Branch is a Texas resident and a police officer employed by
DART. Because Branch is named as a defendant in her official capacity as a DART police
Page 3
officer, she may be served with process through DART, 1401 Pacific Avenue, Suite 1700,
Dallas, Texas 75202.
JURISDICTION AND VENUE
10.
This Court has personal jurisdiction over Defendants because Officer Branch is a
Texas resident and DART is a Texas transportation authority with its principal place of business
in Texas.
11.
This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C.
1331 because Adelman asserts claims arising under the laws of the United States.
12.
Venue is proper in this district under 28 U.S.C. 1391 because (a) Defendants
reside or have a principal place of business in this district, and (b) all or a substantial part of the
events giving rise to Adelmans claims occurred in this district.
FACTS
A.
Avi Adelmans Background

13.
Adelman is a community activist and freelance journalist. He has worked in
journalism for many years, including publishing a neighborhood blog (BarkingDogs.org) and
providing photographs to media outlets. He has been a professional photographer for nearly 30
years, during which time he has held a Secret Service clearance, a Dallas Police Department
press credential, and a Department of Defense clearance.
14.
Adelman is a member of the National Press Photographers Association (NPPA),
which is an advocacy group dedicated to the advancement of visual journalism in all news
media. In October 2014, he 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. Adelman also provided support for a
similar program held in September 2015 in Pasadena, Texas, where more than 200 South Texas
Page 4
law enforcement officers attended.
Adelman manages the Right to Photograph in Public
website, which provides information about this NPPA program on a nationwide basis.
15.
Adelman was invited in January 2016 to participate in a Houston Bar Association
panel on Photography in Public, sitting alongside the former Houston Police Chief and several
prominent attorneys and media professionals. Additionally, Adelman currently manages the
Daily Crime Report website, which publishes information from Dallas Police Department (DPD)
offense reports sorted by DPD beats, and the Dallas Police Watch website, which tracks DPD
Active Incidents in real time.
B.
The Unconstitutional Arrest

16.
On February 9, 2016, Adelman was in downtown Dallas, when he decided to
listen in to his police scanner, as he often does to stay informed of police activity. Around 8:00
p.m., Adelman heard a call for DFR paramedics to respond to a K2 overdose victim at DARTs
Rosa Parks Plaza and decided to go to the scene. When he arrived, he noticed a man lying on the
ground and being attended to by DFR paramedics. Believing that the incident might be of public
interest, Adelman began to photograph the scene.
17.
Shortly after Adelman began photographing, a uniformed DART police officer
(whom he would later discover to be Officer Stephanie Branch) approached him and demanded
that he stop taking photographs. When Adelman asserted his right to photograph, Officer Branch
claimed that he was interfering with the DFR paramedics and that he was invading the privacy of
the person being treated by DFR. Adelman, knowing that the Health Insurance Portability and
Accountability Act (HIPPA) did not prohibit photography of medical treatment in a public place
and that he had the right to photograph so long as he stayed a safe distance from the scene,
insisted that he was well within his constitutional rights.
Page 5
18.
In an effort to obstruct Adelmans exercise of his right to photograph, Officer
Branch unlawfully demanded that Adelman leave the area. Adelman again informed Officer
Branch of his right to remain and photograph the scene. Determined to make her point, Officer
Branch escalated the situation and began demanding identification from Adelman and then used
force to grab Adelman by the wrist and restrain him with double locked handcuffs.
19.
While Officer Branch was harassing Adelman, her colleague, DART Officer
Cannon, remained with DFR paramedics. As Officer Cannon and the DFR paramedics observed
Officer Branchs confrontation with Adelman, a DART recording device captured the following
conversation (memorialized in a transcript that DART turned over after the incident):
DFR 1 He was just taking pictures right?
Officer Cannon Yea[h] thats why I dont know why shes giving him a hard
time[.]
DFR-1 Why is she going crazy?
Officer Cannon I dont know[,] thats going to be on her[.] [H]e can take all the
pictures he wants[,] thats why Im not getting involved in that. . . .
DFR-1 He knows he wasnt doing nothing wrong so. . . .
....
Officer Cannon I dont know why she . . . .
Officer Cannon There was no need for that[.]
DFR-2 Yea[h] I dont know where that idea came from but this is . . . because
there is freedom of the press[.]1
20.
Ultimately, Officer Branchwith consent from her supervisor, Sergeant T.
Hutchinsarrested Adelman for criminal trespass, took him into custody, and transported him to
Lew Sterrett Justice Center, where he was placed in the general jail population. Adelman posted
bond the following morning and was finally released after more than 20 hours in custody.
Ex. C, DART Transcript, pp. 3-4 (alterations to correct spelling and punctuation).
Page 6
C.
The Aftermath and Investigation

21.
In the immediate aftermath, several news outlets, including the Dallas Morning
News and Dallas Observer, ran stories about the arrest. Less than 24 hours after the arrest,
DART spokesman Morgan Lyons audaciously defended Officer Branch, stating that DART
reviewed the exchange and believes the officers acted appropriately.2 According to Lyons,
Dallas Fire-Rescue asked [Adelman] to move. He refused. Paramedics asked us to ask him to
move several times. He failed to comply and thats why he was arrested.3 DFR, however,
disputed DARTs version of the story: 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
[DART] officers to ask him to leave the scene and/or stop taking pictures.4
22.
On February 16, 2016, DART, apparently realizing that it could no longer defend
the unconstitutional arrest of Adelman, dropped the criminal trespass charge.5 DART did not
apologize or even acknowledge any wrongdoing in its letter explaining the decision to drop the
charge, simply stating that Officer Branchs actions were not in line with department directives
and that DART would undertake a formal review.6
23.
investigation.
After nearly six months, DART released the findings of its Internal Affairs
DARTs investigation concluded that Officer Branch violated Adelmans
constitutional rights, finding that she did not establish Probable Cause to effect the arrest and
Ex. L, Dallas Observer Article (Feb. 12, 2016), p. 3; see also Ex. K, Lyons Emails.
Id.
Ex. M, Dallas Observer Article (Feb. 16, 2016), p. 2.
Ex. J, DART Letter.
Id.
Page 7
improperly arrested Adelman while he was simply taking photographs of a person in a public
place.7 The report also made the following findings and conclusions:
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 a criminal crime. . . . [T]herefore the arrest of Adelman for criminal
trespass was not based on probable cause.
Adelman is viewed simply taking photographs of a person in a public place on

DART property who appeared to have passed out. Adelman is never viewed less
than approximately 10 feet from the actual medical scene. Officers Cannon,
Craig or DFR personnel did not witness Adelman ever interfere with medical
treatment or medical personnel.
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 [I]ncident Report . . . 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
DARTs photography policy.8
24.
DART also concluded that Officer Branch made numerous false statements in her
incident report, including her statement that Adelman was within a few feet of DFR paramedics
and that DFR instructed her to keep Adelman back. According to DART, [t]his 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.9 In fact, DART concluded that
Officer Branchs incident report contained 23 false statements.10
Ex. A, Report of DART Police Office of Professional Standards, pp. 4-5.
Id.
Ex. B, Inconsistencies in DART Police Report DTC1600489, p. 1.
10
Id. at 1-4.
Page 8
D.
DARTs Policy Supporting the Unconstitutional Arrest

25.
Although DARTs after-the-fact investigation found that Officer Branch violated
the law and DART policy, the unconstitutional use of criminal trespass warnings and charges is
supported by DART policy. Specifically, DART policy permits its police officers to issue
criminal trespass warnings if a person is on DARTs property for purposes other than to utilize
public transportation services. From January to July 2016 alone, DART made 254 arrests for
criminal trespass, and presumably issued numerous additional criminal trespass warnings
pursuant to its policy. This policy is unconstitutional because it permits DART police officers to
arrest individuals for exercising their First Amendment rights at DART transit centers. For
example, the plain language of the policy would allow DART police officers to arrest a person
. . . on DARTs property for purposes of taking photographs, demonstrating, or engaging in
other protected speech because none of those activities are utiliz[ing] public transportation
services.
26.
This is precisely how Officer Branch used DARTs criminal trespass policy
against Adelman.
In fact, DARTs Incident Report states that DART Police Sergeant H.
Hutchins, who arrived on scene to assist Officer Branch, informed Adelman again that Rosa
Park Plaza was DARTs Property and rights to remain or stay on the property can be issued and
taken away for disruptive behavior.11 Both Sergeant H. Hutchins and Sergeant T. Hutchins
approved of Officer Branchs use of a trumped-up charge for criminal trespass as a means to
prevent Adelman from exercising his First Amendment right to photograph.12
27.
Apparently believing that the arrest of Adelman was consistent with DART
policy, Morgan Lyons, DARTs official spokesman, told the news media that DART had
11
Ex. D, Incident Report, p. 10.
12
Ex. G, H. Hutchins Statement; Ex. H, T. Hutchins Statement.
Page 9
reviewed the exchange and believes the officers acted properly.13 This official statement from
DART came the same day DART Police Chief James Spiller instructed his Deputy Chief to
review the incident report ASAP and insure this arrest was in accordance with the guidance
published for dealing with photographers.14
28.
Additionally, DART has failed to train its officers regarding the First Amendment
right to photograph and has failed to supervise and discipline its officers who violate that First
Amendment right. At the time of the unlawful arrest of Adelman, DART apparently had no
formal training for its police officers regarding photography and no mechanism for ensuring that
its police officers received information about the right to photograph. In fact, Officer Branch
stated that she never received or saw the [photography] policy until 2-17-2016after she
wrongfully arrested and imprisoned Adelman.15 One of the other DART officers who was at the
scene also provided a statement to DART that his knowledge of DART Policy concerning
photography on DART property comes from a roll-call training on Monday 2/22/16again,
after Adelman was wrongfully arrested and imprisoned.16
CAUSES OF ACTION
COUNT I
Violation of Adelmans First and Fourteenth Amendment Rights, Pursuant to 1983
(Against Defendant Branch)
29.
Adelman incorporates by reference the allegations of all preceding paragraphs as
if fully set forth herein.

30.
Observing and photographing emergency medical activity in public is a legitimate
means of gathering information for public dissemination that is protected by the free speech and
13
Ex. L, Dallas Observer Article (Feb. 12, 2016), p. 3; see also Ex. K, Lyons Emails.
14
Ex. I, Spiller Email.
15
Ex. E, Branch Statement, p. 5.
16
Ex. F, Craig Statement, p. 2.
Page 10
free press clauses of the First Amendment to the United States Constitution, as applied to the
State of Texas and instrumentalities of the state such as DART under the Fourteenth
Amendment.
31.
On February 9, 2016, Officer Branch arrested Adelman for taking photographs in
a public place.
As DARTs investigation confirmed, Adelman is viewed simply taking
photographs of a person in a public place.

32.
Officer Branchs conduct violated Adelmans clearly established First
Amendment rights, of which Officer Branch knew, or of which a reasonable police officer
should have known, making her liable under 42 U.S.C. 1983.
33.
As a direct and proximate result of Officer Branchs actions, Adelman suffered
damages, including mental anguish, professional injuries, and damage to his reputation.
34.
Officer Branch acted with evil motive or intent and/or reckless and callous
indifference to Adelmans First Amendment rights, entitling Adelman to punitive damages.

COUNT II
Violation of Adelmans Fourth and Fourteenth Amendment Rights, Pursuant to 1983
(Against Defendant Branch)
35.

36.
Under the Fourth Amendment to the United States Constitution, as applied to the
State of Texas and instrumentalities of the state such as DART under the Fourteenth
Amendment, Adelman has a right to be free from unreasonable searches and seizures, including
arrest that is supported neither by a warrant nor probable cause.
37.
On February 9, 2016, Officer Branch arrested Adelman without a warrant and
without probable cause. As DARTs investigation confirmed, Officer Branch did not establish
Page 11
Probable Cause to effect the arrest of Adelman, and therefore the arrest of Adelman for
criminal trespass was not based on probable cause.
38.
Officer Branchs conduct violated Adelmans clearly established Fourth
Amendment rights, of which Officer Branch knew, or of which a reasonable police officer
should have known, making her liable under 42 U.S.C. 1983.
39.
As a direct and proximate result of Officer Branchs actions, Adelman suffered
damages, including mental anguish, professional injuries, and damage to his reputation.
40.
Officer Branch acted with evil motive or intent and/or reckless and callous
indifference to Adelmans Fourth Amendment rights, entitling Adelman to punitive damages.

COUNT III
Violation of Adelmans First, Fourth, and Fourteenth Amendment Rights, Pursuant to
1983 and Monell v. Dept. of Soc. Servs. of the City of New York, 436 U.S. 658 (1978)
(Against Defendant DART)
41.

42.
In arresting and jailing Adelman without probable cause for taking photographs in
a public place on February 9, 2016, Officer Branch violated Adelmans clearly established First,
Fourth, and Fourteenth Amendment rights.
43.
At all times relevant to this Complaint, Officer Branch was acting under color of
state law.
44.
At all times relevant to this Complaint, DART had a policy of permitting
warnings and arrest for criminal trespass if a person is on DARTs property for purposes other
than to utilize public transportation services. This policy was the moving force behind Officer
Branchs violation of Adelmans constitutional rights, as shown by, among other things, the
Page 12
invocation of the criminal trespass policy by Officer Branchs supervisor and the statement by
DARTs official spokesman that DART believes the officers acted properly.
45.
At the time of Adelmans arrest, DART also had failed to adequately train,
supervise, or discipline its officers about the First Amendment right to photograph in public,
including at DART transit locations.
This failure to train, supervise, or discipline was the
moving force behind Officer Branchs violation of Adelmans constitutional rights, as shown by,
among other things, the statement by Officer Branch that she never saw DARTs photography
policy prior to her unlawful arrest of Adelman.
46.
Because DARTs policies and practices were the moving force behind Officer
Branchs violation of Adelmans constitutional rights, DART is liable under 42 U.S.C. 1983.
47.
As a direct and proximate result of DARTs unconstitutional policies and
practices, Adelman suffered damages, including mental anguish, professional injuries, and
damage to his reputation.
APPLICATION FOR PERMANENT INJUNCTION
48.

49.
Adelman intends to continue acting as a freelance photographer and taking
photographs of newsworthy activity in public areas at DART stations, but he fears further
obstruction, harassment, and arrest by DART police officers. This makes it impossible for
Adelman to engage in newsgathering and dissemination to the public of newsworthy material.
50.
DARTs unconstitutional policies also are likely to result in the obstruction,
harassment, and arrest by DART police officers of other members of the public and the press
who wish to exercise their First Amendment right to photograph at DART stations. Indeed,
Page 13
DART made 254 arrests for criminal trespass from January to July 2016 pursuant to its
unconstitutional policies.
Moreover, DARTs failure to train, supervise, and discipline its
officers regarding the First Amendment right to photograph increases the likelihood of future
obstruction, harassment, and arrest by DART police officers of members of the public and the
press who are seeking to exercise their First Amendment right to photograph at DART stations.
51.
DARTs likely continued violation of the constitutional rights of Adelman and
other members of the public and the press cannot be adequately compensated by monetary
damages.
52.
For these reasons, Adelman requests that the Court enter a permanent injunction
(a) barring DART from arresting, detaining, warning, obstructing, or otherwise interfering with
journalists and members of the public who are engaged in photographing or recording police or
medical personnel at DART stations and transit centers; and (b) directing DART to develop and
implement comprehensive and effective policies to protect the First Amendment rights of the
public and the press to observe, photograph, and record police or medical personnel on DART
property, including appropriate training for DART police officers and supervisors and
appropriate discipline for those who violate the policy.
ATTORNEYS FEES AND COSTS
53.
Adelman has attempted to resolve this matter without litigation, but Defendants
have refused. As a result, Adelman has been compelled to engage counsel and file this lawsuit.
Pursuant to 42 U.S.C. 1988, Adelman is entitled to recover from Defendants his reasonable and
necessary attorneys fees and costs of court.
Page 14
JURY DEMAND
54.
Adelman demands a jury trial of all claims in the Complaint on which a jury trial
is available.
PRAYER
Wherefore, Adelman respectfully prays that this Court grant the following relief:
a.
a monetary judgment awarding Adelman actual damages for his mental anguish,
professional injuries, and damage to his reputation;
b.
an award of punitive damages against Branch;
c.
a permanent injunction against DART as described above;
d.
an award of costs and attorneys fees;
e.
pre- and post-judgment interest; and
f.
such other and further relief to which Adelman is justly entitled.
Respectfully submitted,
REESE GORDON MARKETOS LLP
By: /s/ Tyler J. Bexley
Tyler J. Bexley
State Bar No. 24073923
750 N. Saint Paul St., Suite 610
Dallas, Texas 75201-3202
214.382.9810 telephone
214.501.0731 facsimile
tyler.bexley@rgmfirm.com
ATTORNEY FOR PLAINTIFF
Page 15
Case 3:16-cv-02579-B Document 2-1 Filed 09/08/16
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
PAGE #
Case
Document 2-2 Filed 09/08/16
NUMBER
ORI 3:16-cv-02579-B
TEXAS
INCIDENT REPORT
TX0575300
INCIDENT NUMBER
Page
10INCIDENT
of 56 PageID
44
INTERNAL
EXCEPTIONAL
DTC15000460
DATE(S) OF INCIDE
01/30/2015
O Dallas Area Rapid Transit
AGENCY NAME
TIME(S) OF INCIDEN
DAY(S) OF INCIDEN
14:56 - 15:10
Friday
DISPATCHER
TIME RECEIVED
TIME ARRIVED
15:15
15:27
RYOUNG - Young, Roxanne

OFFENSE #
UCR CODE
OFFENSE STATUS:
(A) Attempt
90Z
OFFENDER USED:
(C) Complet
(A) Alcoh
OFFENSE DESCRIPTIO
STATUTE
Interference with Railroad Property
28.07
LOCATION COD (Enter 1
TYPE CRIMINAL ACTIVIT (Max. 3
VICTIM #
NAME:
(D) Victim Ref. to Coope
(I) Inactive
(E) Juvenile, No Custody
(U) Unfounded
(N) Not Applicable

EXCEPT. CLEAR. DATE
Burglary (220) Location 14&19: FORCED ENTRY?
(D) Drug # PREMISES ENTER
Yes
No
ADDRESS OF OFFENS
3400 ELM, Dallas, TX 75201

WEAPON FORCE (Max. 3
( For 11-15, place "A" in space next to box if weapon was an Auto
(11) Firearm (Type not state
(90) Other
(12) Handgun
(95) Unknown
(13) Rifle
(99) None
(14) Shotgun
(15) Other Firearm
(20) Knife/Cutting Instru. (Ax, etc
(30) Blunt Object (Club, etc.)
(35) Motor Vehicle (As weapon)
(40) Personal Weapons (Hands,
(50) Poison
(G) Other Gang
(60) Explosives
(J) Juvenile Gang
(65) Fire/Incendiary Devi
(N) None/Unknown
(70) Narcotics/Drugs/
Sleeping Pills
(85) Asphyxiation
First,
DRIVER'S LICENS
Middle
DR. LI. STAT SOC. SEC. NO
DATE OF BIRT
CONTROL, RAIL
RESIDENT ADDRES
Street
City
State
ZIP
0 ELM GRADE CROSSING

RESIDENT PHONE
OCCUPATION
EMPLOYMENT PHON
SEX:
(M) Male
(F) Female
ETHNIC:
(N) Nonhispani
(H) Hispani
RACE:
(W) Whi
(B) Blac
(C) Extradition Denied
(CO) Closed by Other Me
BIAS MOTIVATED CRIME
Last,
(B) Prosecution Decline
(CE) Closed by Excepti
Evenings
(N) Not Applicab
TYPE GANG ACTIVITY: (Max. 2
(B) Buying
(C) Cultivate/Manufacture/Publis
(D) Distributing/Selling
(E) Exploiting Children
(O) Operating/Promoting/Assisti
(P) Possessing/Concealing
(T) Transport/Transmit/Import
(U) Using/Consuming
(CA) Closed by Arrest
REPORTING AREA
(C) Cptr. Equ
(13) Highway/Road/Alley
(14) Hotel/Motel/Etc.
(15) Jail/Penitentiary
(16) Lake/Waterway
(17) Liquor Store
(18) Parking Lot/Garage
(19) Rental/Storage Facility
(20) Residence/Home
(21) Restaurant
(22) School/College
(23) Service/Gas Station
(24) Specialty Store (TV,Fur,
(25) Other/Unknown
(01) Air/Bus/Train Terminal

(02) Bank/Savings & Loan
(03) Bar/Night Club
(04) Church/Synagogue/Templ
(05) Commercial/Office Buildin
(06) Construction Site
(07) Convenience Store
(08) Department Discount Stor
(09) Drug Store/DR's Office/Ho
(10) Field/Woods
(11) Government/Public Buildi
(12) Grocery/Supermarket
CLEARANCE STATUS:
(A) Death of the Offende
STATUS:
(A) Active
(I) American Indi

(A) Asian/Pacific Isla
RES. STATUS:
(R) Residen
(N) Nonresid
VICTIM TYPE:
(G) Governme
(I) Individua
(R) Religiou
(U) Unknow
(U) Unkno
(U) Unkno
(U) Unknow
AGE:
Exact Ag
Range
/
(NN) Under 24 Hrs. Ol
(NB) 1-6 Days Old
(BB) 7-364 Days Old
(99) Over 98 Yrs. Old
(00) Unknown
(B) Busines
(F) Financial Instituti
(S) Society/Pub
(O) Other
(U) Unknow
RELATIONSHIP OF THIS VICTIM TO OFFENDER

(check relationship under appropriate offender n
#1 #2 #3 #4 #5 #6 #7 #8 #9 #10
VICTIM WAS
(SE) Spouse
(CS) Common-Law Spouse
(PA) Parent
(SB) Sibling
(CH) Child
(GP) Grandparent
(GC) Grandchild
(IL) In-Law
(SP) Stepparent
(SC) Stepchild
(SS) Stepsibling
(OF) Other Family Member
(AQ) Acquaintance
(FR) Friend
(NE) Neighbor
(BE) Babysittee (baby)
(BG) Boyfriend/Girlfriend
(CF) Child of Boyfriend/Girlfri
(HR) Homosexual Relationshi
(XS) Ex-Spouse
(EE) Employee
(ER) Employer
(OK) Otherwise Known
(RU) Relationship Unknown
(ST) Stranger
(VO) Victim was Offender
VICTIM INJURY: (Max. 5)

(M) Apparent Minor Injury
THIS VICTIM RELATED
TO WHICH OFFENSES?
(N) None
(O) Other Major Injury
#1
#4
#7
#1
(B) Apparent Broken Bo
(T) Loss of Teeth
#2
#5
#8others:
(I) Possible Internal Inju
(U) Unconsciousness
#3
#6
#9
(L) Severe Laceration
AGGRAVATED ASSAULT/HOMICIDE CIRCUMSTANCES
Aggravated Assault/Murder(max. 2
Negligent Manslaughter(enter
(01) Argument
(30) Child Playing With Weapon
(02) Assault On Law Enf. Of
(31) Gun-Cleaning Accident
(03) Drug Dealing
(32) Hunting Accident
ficer
(04) Gangland
(33) Other Negligent Weapon Handlin
(A) Criminal Attacked Police Officer
ADDITIONAL
(05) Juvenile Gang
g
(B) Criminal Attacked Fellow Police Officer
JUSTIFIABLE
(06) Lover's Quarrel
(34) Other Negligent Killings
(C) Criminal Attacked Civilian
(07) Mercy Killing
HOMICIDE
(D) Criminal Attempted Flight from a Crime
Justifiable Homicide:(enter
(08) Other Felony Involved
CIRC.:
(E) Criminal Killed in Commission of a Cri
(09) Other Circumstances
(20) Criminal Killed by Private Citizen
(F) Criminal Resisted Arrest
(enter 1)
(10) Unknown Circumstanc
(21) Criminal Killed by Police Officer
(G) Unable to Determine/Not Enough Infor
es
REPORT DATE
DAY
TIME (Military)
REPORTING OFFICER
CODE # APPROVING SUPERVISOR
CODE # DATE APPROVED
01/30/2015
Fri
14:56
Ofc Wayne Walston
155
Sgt Cedric Roach
265
02/01/2015
Case 3:16-cv-02579-B Document

2-2 Filed
09/08/16
INCIDENT
REPORT
PAGE #
DATE
INCIDENT NUMBE
01/30/2015
DTC15000460
ARRESTEE #
NAME
OFFENDER #
RESIDENT ADDRES Street
ORI# ("B")
TX0575300
Last,
REPORTING OFFICE
CODE #
Ofc Wayne Walston
First,
155
Middle,
VICTIM NAME
CONTROL, RAIL
AKA
HISE, CLARK ALAN

1
City
State
6142 AVERILL WAY, DALLS, TX
RESIDENT PHONE
75225
EMPLOYMENT/SCHOOL PHO
ARREST LOCATION
DATE OF BIRTH
Zip
OCCUPATION
DRIVER'S LICENS
DR. LI. STATE
SSN
PLACE OF EMPLOYME
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
WEAPONS AT ARREST:
SEX:
(M) Mal
(F) Female
(U) Unk
AGE:
MULT. ARREST INDIC.
(M) Multiple
(Max. (Place "A" in blank if auto
54
EXACT A
(C) Count Arrest
(N) N/A
matic)
ETHNIC:
(H) Hispani
(N) Nonhis
(U) Unk
(16)
(01)
Unarme
AGE RANG
to
DISPOSITION
OF
JUVENILE:
Illegal
(11)
Firearm
RACE
(W) Whit
(B) Blac
(I) American Indi
(99) Over 98 Yrs.
(H) Handled within Depart
Cutting
(12) Handgu
(A) Asian/Pacific Islan
(U) Unknow
(00) Unknow
(R) Referred outside Depar
Instr.
(13) Rifle
(17) Club
RES. STATUS:
(R) Reside UCR ARR. COD OFFENSE NAME
ARREST DATE ARREST TRANSACT
/
(14) Shotgu
(15) Other Firear Blackjac
(N) Nonre
(U) Unkno
#
k / Brass
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
HEIGHT WEIGHT BUILD
ERICKSON
5'10"
165
THN - Thin
BRO - Brown
ARRESTEE #
NAME
OFFENDER #
Last,
OTH - Other
First,
BRO - Brown
Middle,
AKA
DONIS, GERADO
2
City
State
304 SUNCREEK DR., Allen, TX
RESIDENT PHONE
DATE OF BIRTH
Zip
75013
DRIVER'S LICENS
DR. LI. STATE
SSN
(214) 641-4432
ARREST LOCATION
OCCUPATION
PLACE OF EMPLOYME
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
WEAPONS AT ARREST:
SEX:
(M) Mal
(F) Female
(U) Unk
AGE:
MULT. ARREST INDIC.
(M) Multi
44
EXACT A
(C) Count Arrest
(N) N/A
matic)
ETHNIC:
(H) Hispani
(N) Nonhis
(U) Unk
(01)
Unarme
(16)
AGE RANG
to
DISPOSITION OF JUVENILE:
Illegal
(11) Firearm
RACE
(W) Whit
(B) Blac
(I) American Indi
(99) Over 98 Yrs.
Cutting
(12) Handgu
(U) Unknow
(00) Unknow
Instr.
(13) Rifle
(17) Club
RES. STATUS:
/
(14) Shotgu
#
(N) Nonre
(U) Unkno
k / Brass
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
HEIGHT WEIGHT BUILD
ERICKSON
5'10"
165
BLK - Black
CRL - Curly
SRT - Short

2-2 FiledREPORT
09/08/16
INCIDENT
PAGE #
3
YEAR
DATE
INCIDENT #
01/30/2015 DTC15000460
MAKE
REPORTING OFFICER
CODE #
Ofc Wayne Walston
155
MODEL
STYLE
OWNER'S NAME
CONTROL, RAIL
LICENSE NUMBER
VIN
MODEL
STYLE
OWNER'S NAME
LICENSE NUMBER
VIN
STATE
ADDRESS
TOP/SOLID COLOR
QTY.
DESCRIPTION (Include serial number, make, model, primary color)
TOTAL NUMBER VEHICLES RECOVER
TOTAL NUMBER VEHICLES STOLE
PROPERTY LOSS:
DISPOSITION OF RECOVER
(I) Impounde
(R) Released To Own
SECOND COLOR
OF. CODE P. LOSS P. DES.
(1) None
PROPERTY DESCRIPTIO
(01) Aircraft
(02) Alcohol
(03) Automobiles
(04) Bicycles
(05) Buses
(06) Cloths/Furs
(07) Computer Hardware/
Software
(08) Consumable Goods
(09) Credit Cards/Debit C
(10) Drugs/Narcotics
(2) Burned
(3) Counterfeited/Forged
(11) Drug/Narc. Equipme

(12) Farm Equipment
(13) Firearms
(14) Gambling Equipmen
(15) Heavy EquipmentConstruction/Industry
(16) Household Goods
(17) Jewelry/Precious M
(18) Livestock
(19) Merchandise
(20) Money
WHOLE DRUG QUANTIT
(21) Negotiable Instruments

(22) Nonnegotiable Instruments
(23) Office-Type Equipment
(24) Other Motor Vehicles
(25) Purses/Handbags/Wallets
(26) Radios/TVs/VCRs
(27) Recordings-Audio/Visual
(28) Recreational Vehicles
(29) Structures-Single Occupanc
(30) Structures-Other Dwellings
(31) Structures-Commercial/Busi
(A) "Crack" Cocai

(B) Cocaine
(C) Hashish
(D) Heroin
(E) Marijuana
(F) Morphine
Last,
(G) Opium
(H) Other Narcoti
(I) LSD
First,
City
(J) PSP
(K) Other
Hallucinogens
(L) Amphetamines/
Methamphetamine
s
Middl
(5) Recovered
State
Zip
RECOV. DATE
(6) Seized
(7) Stolen, et
(32) Structures-Industrial/Manufact
(33) Structures-Public/Community
(34) Structures-Storage
(35) Structures-Other
(36) Tools-Power/Hand
(37) Trucks
(38) Vehicle Parts/Accessories
(39) Watercraft
(77) Other
(88) Pending Inventory (of Propert
(99) Special Category
DRUG MEASUREME
(M) Other Stimulants

(N) Barbiturates
(O) Other Depressant
ITEM VALUE
TOTAL VALUE RECOVERE
TOTAL VALUE STOLEN:
(4) Damaged/Destroyed/Vandalized
FRACTIONAL DRUG QUANTIT
OWNER
TYPE DRUG MEASUREMEN

WEIGHT
CAPACITY
(GM) Gram
(ML) Milliliter
(KG) Kilogram (LT) Liter
(OZ) Ounce
(FO) Fluid Oun
(LB) Pound
(GL) Gallon
DRUG TYPE:
NAME:
STATE
(I) Impounde
(R) Released To Own
SECOND COLOR
MAKE
DRUG TYPE
VICTIM NAME
ADDRESS
TOP/SOLID COLOR
YEAR
(P) Other Drugs

(U) Unknown Type D
(X) Over 3 Drug Type
SEX:
(M) Male
(F) Femal
(U) Unk.
UNITS
(DU) Dosage Unit (Pills,
(NP) Number of Plants
AGE:
(00) Unkno
RESIDENT PHONEEMPLOY'T. PHONE
RACE
(W) Whi
(B) Blac
(I) American India
(U) Unkno

2-2 FiledSUPPLEMENT
09/08/16 Page 13 of 56 PageID 47
CONFIDENTIAL
PAGE #
4
NAME:
DATE
INCIDENT NUMBER
REPORTING OFFICER
01/30/2015
DTC15000460
Ofc Wayne Walston
Last,
First,
RESIDENT ADDRESS:Street
NAME:
State
First,
155
Zip
State
CONTROL, RAIL
RESIDENT PHONE
EMPL. PHONE
SEX:
(U) Unk AGE:
(M) Male
(00) Unkno
(F) Female
RESIDENT PHONE
EMPL. PHONE
Middle
City
VICTIM NAME
(U) Unk AGE:

SEX:
(M) Male
(00) Unkno
(F) Female
Middle
City
Last,
CODE #
Zip
(U) Unk.
RACE:
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
RACE:
(U) Unk.
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
NARRATIVE:
On Friday, 01/30/2015 at approximately, 14:56 p.m. Officer W. Walston #155 was dipatched to the
100 block of Exposition @ 3400 Elm Street Dallas, Texas Dallas County in reference to subjects in
the right of way of DART tracks.
Upon arrival Walston met with two males who were flying a
white drone and taking pictures with
his tripod in a parking area next to the DART tracks causing the train to do a "Stop and Proceed"
due to the subjects being so close to the tracks.
Both subjects were identified by Texas drivers
license.
First subject was (Hise, Clark Alan W/M D.O.B. 0
D.O.B. 1
, Second subject (Donis, Gerado W/M
) Both subjects were checked through DART Police Dispatch and were clear.
Subjects were told to take down the tripod and the drone and leave the location due to Interfering
with DART railroad.
NFI
PAGE #
Case
Document 2-2 Filed 09/08/16
NUMBER
ORI 3:16-cv-02579-B
TEXAS
INCIDENT REPORT
TX0575300
INCIDENT NUMBER
Page
14INCIDENT
of 56 PageID
48
INTERNAL
EXCEPTIONAL
DTC16000489
DATE(S) OF INCIDE
02/09/2016
O Dallas Area Rapid Transit
AGENCY NAME
TIME(S) OF INCIDEN
DAY(S) OF INCIDEN
19:46 - 20:20
Tuesday
DISPATCHER
TIME RECEIVED
TIME ARRIVED
19:46
19:46
ttran - Tran, Trinh

OFFENSE #
UCR CODE
OFFENSE STATUS:
(A) Attempt
90Z
OFFENDER USED:
(C) Complet
(A) Alcoh
STATUTE
Code of Conduct Violation
Code Conduct
VICTIM #
NAME:
(E) Juvenile, No Custody
(U) Unfounded
(N) Not Applicable

EXCEPT. CLEAR. DATE
Yes
No
ROSA PARKS STATION - 901 ELM ST, DALLAS, TX 75202

(90) Other
(12) Handgun
(95) Unknown
(13) Rifle
(99) None
(14) Shotgun
(15) Other Firearm
(50) Poison
(G) Other Gang
(60) Explosives
(J) Juvenile Gang
(N) None/Unknown
Sleeping Pills
(85) Asphyxiation
First,
DRIVER'S LICENS
Middle
DR. LI. STAT SOC. SEC. NO
DATE OF BIRT
DART / STATE OF TEXAS, Dallas Area Rapid Tran
RESIDENT ADDRES
Street
City
State
1401 Pacific Ave, Dallas, TX
ZIP
75202
RESIDENT PHONE
OCCUPATION
(214) 749-5900
EMPLOYMENT PHON
SEX:
(M) Male
(F) Female
ETHNIC:
(N) Nonhispani
(H) Hispani
RACE:
(W) Whi
(B) Blac
(D) Victim Ref. to Coope
(I) Inactive
BIAS MOTIVATED CRIME
Last,
(C) Extradition Denied
(CO) Closed by Other Me
Evenings
(N) Not Applicab
TYPE GANG ACTIVITY: (Max. 2
(B) Buying
(U) Using/Consuming
(B) Prosecution Decline
(CE) Closed by Excepti
ADDRESS OF OFFENS
(16) Lake/Waterway
(17) Liquor Store
(20) Residence/Home
(21) Restaurant
(22) School/College
(25) Other/Unknown

(03) Bar/Night Club
(10) Field/Woods
(CA) Closed by Arrest
REPORTING AREA
(C) Cptr. Equ
OFFENSE DESCRIPTIO
CLEARANCE STATUS:
(A) Death of the Offende
STATUS:
(A) Active
(I) American Indi

(A) Asian/Pacific Isla
RES. STATUS:
(R) Residen
(N) Nonresid
VICTIM TYPE:
(G) Governme
(I) Individua
(R) Religiou
(U) Unknow
(U) Unkno
(U) Unkno
(U) Unknow
AGE:
Exact Ag
Range
/
(NN) Under 24 Hrs. Ol
(NB) 1-6 Days Old
(BB) 7-364 Days Old
(99) Over 98 Yrs. Old
(00) Unknown
(B) Busines
(F) Financial Instituti
(S) Society/Pub
(O) Other
(U) Unknow
RELATIONSHIP OF THIS VICTIM TO OFFENDER

(check relationship under appropriate offender n
#1 #2 #3 #4 #5 #6 #7 #8 #9 #10
VICTIM WAS
(SE) Spouse
(CS) Common-Law Spouse
(PA) Parent
(SB) Sibling
(CH) Child
(GP) Grandparent
(GC) Grandchild
(IL) In-Law
(SP) Stepparent
(SC) Stepchild
(SS) Stepsibling
(OF) Other Family Member
(AQ) Acquaintance
(FR) Friend
(NE) Neighbor
(BE) Babysittee (baby)
(BG) Boyfriend/Girlfriend
(CF) Child of Boyfriend/Girlfri
(HR) Homosexual Relationshi
(XS) Ex-Spouse
(EE) Employee
(ER) Employer
(OK) Otherwise Known
(RU) Relationship Unknown
(ST) Stranger
(VO) Victim was Offender
VICTIM INJURY: (Max. 5)

(M) Apparent Minor Injury
THIS VICTIM RELATED
TO WHICH OFFENSES?
(N) None
(O) Other Major Injury
#1
#4
#7
#1
(B) Apparent Broken Bo
(T) Loss of Teeth
#2
#5
#8others:
(I) Possible Internal Inju
(U) Unconsciousness
#3
#6
#9
(L) Severe Laceration
AGGRAVATED ASSAULT/HOMICIDE CIRCUMSTANCES
Aggravated Assault/Murder(max. 2
Negligent Manslaughter(enter
(01) Argument
(30) Child Playing With Weapon
(02) Assault On Law Enf. Of
(31) Gun-Cleaning Accident
(03) Drug Dealing
(32) Hunting Accident
ficer
(04) Gangland
(33) Other Negligent Weapon Handlin
(A) Criminal Attacked Police Officer
ADDITIONAL
(05) Juvenile Gang
g
(B) Criminal Attacked Fellow Police Officer
JUSTIFIABLE
(06) Lover's Quarrel
(34) Other Negligent Killings
(C) Criminal Attacked Civilian
(07) Mercy Killing
HOMICIDE
(D) Criminal Attempted Flight from a Crime
Justifiable Homicide:(enter
(08) Other Felony Involved
CIRC.:
(E) Criminal Killed in Commission of a Cri
(09) Other Circumstances
(20) Criminal Killed by Private Citizen
(F) Criminal Resisted Arrest
(enter 1)
(10) Unknown Circumstanc
(21) Criminal Killed by Police Officer
(G) Unable to Determine/Not Enough Infor
es
REPORT DATE
DAY
TIME (Military)
REPORTING OFFICER
CODE # APPROVING SUPERVISOR
CODE # DATE APPROVED
02/09/2016
Tue
19:46
Ofc Stephanie Branch
331
Sgt Tori Hutchins
306
02/10/2016

2-2 Filed
09/08/16
REPORT
INCIDENT
PAGE #
DATE
INCIDENT NUMBE
02/09/2016
DTC16000489
ARRESTEE #
NAME
OFFENDER #
ORI# ("B")
TX0575300
Last,
REPORTING OFFICE
CODE #
First,
331
Middle,
VICTIM NAME
DART / STATE OF TEXAS, Dallas Area R

AKA
Adelman, Avi Steven

1
City
State
5620 E Side Ave, Dallas, TX
RESIDENT PHONE
DATE OF BIRTH
Zip
75202
04/10/1956
DRIVER'S LICENS
DR. LI. STATE
SSN
10694192
TX
165-46-1684
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
WEAPONS AT ARREST:
(M) Mal
(F) Female
(U) Unk
(M) Multiple
SEX:
AGE:
MULT. ARREST INDIC.
59
EXACT A
(C) Count Arrest
(N) N/A
matic)
(H) Hispani
(N) Nonhis
(U) Unk
ETHNIC:
(16)
(01)
Unarme
AGE RANG
to
OF
JUVENILE:
DISPOSITION
Illegal
(11)
Firearm
(W) Whit
(B) Blac
(I) American Indi
RACE
(99) Over 98 Yrs.
Cutting
(12) Handgu
(U) Unknow
(00) Unknow
Instr.
(13) Rifle
(17) Club
RES. STATUS:
/
(14) Shotgu
(N) Nonre
(U) Unkno
#
k / Brass
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
HEIGHT WEIGHT BUILD
ARREST LOCATION
5'03"
190
ARRESTEE #
MED - Medium
NAME
PLACE OF EMPLOYME
OCCUPATION
GRY - Gray or Part STR - Straight
Last,
First,
BLD - Bald(ing)
Middle,
BRO - Brown
RUD - Ruddy
AKA
Adelman, Avi Steven
OFFENDER #
City
State
5620 E Side Ave, Dallas, TX

RESIDENT PHONE
DATE OF BIRTH
Zip
75202
04/10/1956
DRIVER'S LICENS
DR. LI. STATE
SSN
10694192
TX
165-46-1684
ARREST TYPE:
(O) On View Arrest
(S) Summons/Cit
(T) Taken Into Cus
Evenings
WEAPONS AT ARREST:
(M) Mal
(F) Female
(U) Unk
(M) Multi
SEX:
AGE:
MULT. ARREST INDIC.
59
EXACT A
(C) Count Arrest
(N) N/A
matic)
(H) Hispani
(N) Nonhis
(U) Unk
ETHNIC:
(01)
Unarme
(16)
AGE RANG
to
DISPOSITION OF JUVENILE:
Illegal
(11) Firearm
(W) Whit
(B) Blac
(I) American Indi
RACE
(99) Over 98 Yrs.
Cutting
(12) Handgu
(U) Unknow
(00) Unknow
Instr.
(13) Rifle
(17) Club
RES. STATUS:
/
(14) Shotgu
(N) Nonre
(U) Unkno 90J
# DTC16000489
Criminal Trespass
2/10/2016
k / Brass
HAIR COLOR
HAIR STYLE
HAIR LENGTH
EYE COLOR
SKIN TONE
HEIGHT WEIGHT BUILD
ARREST LOCATION
5'03"
190
OCCUPATION
MED - Medium
PLACE OF EMPLOYME
GRY - Gray or Part STR - Straight
BLD - Bald(ing)
BRO - Brown
RUD - Ruddy

2-2 FiledREPORT
09/08/16
INCIDENT
PAGE #
3
YEAR
DATE
INCIDENT #
REPORTING OFFICER
02/09/2016 DTC16000489
MAKE
MODEL
VICTIM NAME
331
STYLE
DART / STATE OF TEXAS, Dallas Area

LICENSE NUMBER
VIN
(I) Impounde
(R) Released To Own
SECOND COLOR
MAKE
MODEL
STYLE
OWNER'S NAME
LICENSE NUMBER
VIN
STATE
ADDRESS
TOP/SOLID COLOR
QTY.
DESCRIPTION (Include serial number, make, model, primary color)
TOTAL NUMBER VEHICLES RECOVER
TOTAL NUMBER VEHICLES STOLE
PROPERTY LOSS:
(I) Impounde
(R) Released To Own
SECOND COLOR
OF. CODE P. LOSS P. DES.
(1) None
PROPERTY DESCRIPTIO
(01) Aircraft
(02) Alcohol
(03) Automobiles
(04) Bicycles
(05) Buses
(06) Cloths/Furs
(07) Computer Hardware/
Software
(08) Consumable Goods
(09) Credit Cards/Debit C
(10) Drugs/Narcotics
(2) Burned
(3) Counterfeited/Forged
(11) Drug/Narc. Equipme

(12) Farm Equipment
(13) Firearms
(14) Gambling Equipmen
(15) Heavy EquipmentConstruction/Industry
(16) Household Goods
(17) Jewelry/Precious M
(18) Livestock
(19) Merchandise
(20) Money
WHOLE DRUG QUANTIT
(21) Negotiable Instruments

(22) Nonnegotiable Instruments
(23) Office-Type Equipment
(24) Other Motor Vehicles
(25) Purses/Handbags/Wallets
(26) Radios/TVs/VCRs
(27) Recordings-Audio/Visual
(28) Recreational Vehicles
(29) Structures-Single Occupanc
(30) Structures-Other Dwellings
(31) Structures-Commercial/Busi
(A) "Crack" Cocai

(B) Cocaine
(C) Hashish
(D) Heroin
(E) Marijuana
(F) Morphine
Last,
(G) Opium
(H) Other Narcoti
(I) LSD
First,
City
(J) PSP
(K) Other
Hallucinogens
(L) Amphetamines/
Methamphetamine
s
Middl
(5) Recovered
State
Zip
RECOV. DATE
(6) Seized
(7) Stolen, et
(32) Structures-Industrial/Manufact
(33) Structures-Public/Community
(34) Structures-Storage
(35) Structures-Other
(36) Tools-Power/Hand
(37) Trucks
(38) Vehicle Parts/Accessories
(39) Watercraft
(77) Other
(88) Pending Inventory (of Propert
(99) Special Category
DRUG MEASUREME
(M) Other Stimulants

(N) Barbiturates
(O) Other Depressant
ITEM VALUE
TOTAL VALUE RECOVERE
TOTAL VALUE STOLEN:
(4) Damaged/Destroyed/Vandalized
FRACTIONAL DRUG QUANTIT
OWNER
TYPE DRUG MEASUREMEN

WEIGHT
CAPACITY
(GM) Gram
(ML) Milliliter
(KG) Kilogram (LT) Liter
(OZ) Ounce
(FO) Fluid Oun
(LB) Pound
(GL) Gallon
DRUG TYPE:
NAME:
STATE
ADDRESS
TOP/SOLID COLOR
DRUG TYPE
CODE #
OWNER'S NAME
YEAR
(P) Other Drugs

(U) Unknown Type D
(X) Over 3 Drug Type
SEX:
(M) Male
(F) Femal
(U) Unk.
UNITS
(DU) Dosage Unit (Pills,
(NP) Number of Plants
AGE:
(00) Unkno
RESIDENT PHONEEMPLOY'T. PHONE
RACE
(W) Whi
(B) Blac
(I) American India
(U) Unkno

2-2 FiledSUPPLEMENT
09/08/16 Page 17 of 56 PageID 51
CONFIDENTIAL
PAGE #
4
NAME:
DATE
INCIDENT NUMBER
REPORTING OFFICER
02/09/2016
DTC16000489
Last,
First,
NAME:
Last,
CODE #
331
State
First,
RESIDENT PHONE
Zip
State
EMPL. PHONE
SEX:
(U) Unk AGE:
(M) Male
(00) Unkno
(F) Female
EMPL. PHONE
RESIDENT PHONE
Middle
City
DART / STATE OF TEXAS, Dallas Area Rapi
(U) Unk AGE:

SEX:
(M) Male
(00) Unkno
(F) Female
Middle
City
VICTIM NAME
Zip
(U) Unk.
RACE:
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
RACE:
(U) Unk.
(W) Whit
(B) Blac
(I) American Indi
(A) Asian/Pacif
Islander
NARRATIVE:
On February 9, 2016 at approximately 7:46 p.m. Officers S. Branch #331, E. Cannon #428 and R.
Craig #411 were at DART Rosa Parks Plaza Bus Station located on 901 Elm Dallas County, Dallas,
Texas regarding a white male passed out on K2 drug and needing medical treatment. Dallas Fire and
Rescue #28 arrived and were treating the white male for
K2.
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, Avi, date of birth 4-10-1956. 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!"
Branch asked, "Sir please stay back so the fire fighters can help this man. Sir do not take
pictures of DFD treating the victim give him some respect
Stay back." 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. 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."

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. 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."
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."
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.
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."
Case 3:16-cv-02579-B
Document
2-2 Filed
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18 of 56 PageID 52
SUPPLEMENT
NARRATIVE
CONTINUATION
CONFIDENTIAL
PAGE #
DATE
INCIDENT NUMBER
REPORTING OFFICER
02/09/2016
DTC16000489
CODE #
331
VICTIM NAME
NARRATIVE:
Adelman stated, "I dont 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. Adelman continued to draw attention away from DFD #28 medical
treatment and repeatly yell at Officers and DFD #28 fire fighters. 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. 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.
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!"
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. Sir you are interfering with DFD giving treatment.
Sir
are you using DART buses or trains?" 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. He is no one!"
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.
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.
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.
Case 3:16-cv-02579-B
Document
2-2 Filed
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SUPPLEMENT
NARRATIVE
CONTINUATION
CONFIDENTIAL
PAGE #
DATE
INCIDENT NUMBER
REPORTING OFFICER
02/09/2016
DTC16000489
CODE #
VICTIM NAME
331
NARRATIVE:
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.
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.
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.
cleared without any further incidents.
Recorded incident on DART's Sony recorder #56 and 57.
Branch and Henderson

2-2 Filed PAGE
09/08/16
CONTINUATION
PAGE #
DATE
INCIDENT #
REPORTING OFFICER
02/09/2016 DTC16000489
CODE #
331
VICTIM NAME
DART / STATE OF TEXAS, Dallas Area
Offense(s)
OFFENSE #
UCR CODE
90J
OFFENSE STATUS:
(A) Attempt
OFFENDER USED:
(C) Complet
(A) Alcoh
(N) Not Applicab
(C) Cptr. Equ
Yes
OFFENSE DESCRIPTION
STATUTE
ADDRESS OF OFFE
Criminal Trespass
30.05
ROSA PARKS STATION - 901 ELM ST, DALLAS, TX 75202

(03) Bar/Night Club
(10) Field/Woods
(B) Buying
(U) Using/Consuming
(16) Lake/Waterway
(17) Liquor Store
(20) Residence/Home
(21) Restaurant
(22) School/College
(25) Other/Unknown
TYPE GANG ACTIVITY:(Max. 3

(90) Other
(12) Handgun
(95) Unknown
(13) Rifle
(99) None
(14) Shotgun
(15) Other Firearm
(50) Poison
(G) Other Gang
(60) Explosives
(J) Juvenile Gang
(N) None/Unknown
Sleeping Pills
(85) Asphyxiation
BIAS MOTIVATED CRIME:
No
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
DART Cop Arrests Barking Dog Avi

Adelman for Taking Photos at Rosa
Parks Plaza
BY ERIC NICHOLSON
FRIDAY, FEBRUARY 12, 2016 AT 4 A.M.
Photographer and First Amendment activist Avi Adelman was arrested and charged with criminal trespassing shortly after
taking this picture.
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.
Case 3:16-cv-02579-B Document 2-2 Filed 09/08/16 Page 49 of 56 PageID 83

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 turned 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 intensied his efforts,
routinely listening in on the police scanner and chasing down train wrecks, K2 overdoses and
weed busts. Adelman's repeated encounters with camera-shy rst responders have led to his
unlikely emergence as a quasi-respectable First Amendment activist.
In 2014 he pressured DART into removing their constitutionally questionable no-photography
signs from train stations. A few months later he teamed with the National Press Photographers
Association and Dallas Police Department to organize a training session instructing ofcers on
citizens' right to photograph law enforcement. At the end of January hesat beside Houston
Police Chief Charles McLelland as part of a Houston Bar Association panel on citizen
photography.In between, he's spent a good deal of energy shaming, or perhaps trolling, any law
enforcement ofcerhe perceives as interfering with his picture-taking.
On Tuesday night his police scanner led him rst 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 ash,
high speed, about 1200 ASA, wide open lens. The rst responders ignored him.
Next came a call from DARTs 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-re pictures.
Some time in there, the lady a uniformed DART police ofcer comes up and says, You need
to leave, you cant take pictures. She says This is a private issue, you cant 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 condentiality of
medical records doesnt prevent bystanders from taking pictures of a medical emergency.
Adelman said the ofcer did not like being disagreed with and told him to leave.
Avi Adelman was booked into the Dallas County

jail on Tuesday night.
Which, he says, is the worst thing you can say because youre 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.
Adelman says the ofcer then demanded his ID; Adelman said hed 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. Thats when she puts me in handcuffs.
Adelman, in what he frames as a friendly suggestion rather than a do-you-know-who-I-am?
ego trip, suggested they call DARTs police chief. You might want to tell him who I am before
you do this, he told them. They ignored him.
Adelman was charged with criminal trespassing. His wife, who had nally given up on Fuel City
and xed 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 ofcers 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 thats why he was arrested. Photography is
allowed in our public spaces but we expect people to comply with the instructions of a police
ofcer. This is especially true when paramedics tell us the actions of a photographer affect their
ability to provide care.
Case 3:16-cv-02579-B Document 2-2 Filed 09/08/16 Page 51 of 56 PageID 85

Adelman says thats not true. At no point did the remen come to me, say anything to me,
motion to me to stop taking pictures.Fire department spokesman Jason Evans declined to

adjudicate the conicting accounts. "The alleged request by Dallas Fire-Rescue medics is
irrelevant in the bigger picture of Avi Adelman being arrested," he said. "DFR understands and
respects the rights of anyone to be at the scenes, and taking documentation, of any incident to
which we respond," he added in an email. "While we reserve the right to ask someone to stop
taking pictures, in no way (provided that they are not interfering with operations, putting
themselves or others in danger, among other things) can we make them stop.
As Evans suggests, whatever the paramedics' wishes wishes were, they probably wouldn't matter
from a legal standpoint. "There is a First Amendment right to photograph police and other
government ofcials doing their work in public places," says Bob Corn-Revere, a Washingtonbased First Amendment lawyer and adjunct scholar at the Cato Institute, a libertarian think tank.
"Thats sort of a baseline right."
That right ends as soon as the photography begins to interfere with ofcial duties. The line
separating a government ofcial'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, Corn-Revere
said,"I assume if that [interference] were the issue, thats what [Adelman] would have been
arrested for." He added,"Quite often the charge in a case like this is one of those BS catch-andrelease kind of things."
According to Corn-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 ofcers making an
arrest. He pulled out his cell phone and began recording from about 10 feet away. When ofcers
noticed that he was lming 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.
The Glikruling doesn't have any direct bearing on how local courts would treat a legal challenge
to Adelman's arrest. The U.S. Supreme Court has never ruled explicitly that there's a
constitutional right to lm police, nor has the 5th Circuit, which sets precedent for federal courts
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
seem as though they should apply doubly to plazas named for pioneers of the civil rights
movement.
Indeed, in the summer of 2014, in a case brought by Peaceful Streets Project founder Antonio
Buehler, a federal judge ruled that the right to photograph cops is clearly established in Texas
and has been for decades. Citing a 1992 Fifth Circuit ruling in favor of a photographer whom
state troopers arrested for interfering with a police raid, U.S. Magistrate Jude Mark Lane wrote:
If a person has the right to assemble in a public place, receive information on a matter of
public concern, and make a record of that information for the purpose of disseminating that
information, the ability to make photographic or video recording of that information is simply
not a new right or a revolutionary expansion of a historical right. Instead, the photographic or
video recording of public information is only a more modern and efcient method of
exercising a clearly established right.
The First Amendment implications of Adelman's arrest will be hashed out at a future date in a
federal courtroom. For now, Adelman's looking for a good criminal defense attorney.
Sponsor Content
2016 Dallas Observer, LP. All rights reserved.
EXHIBIT M
DART Drops Criminal Trespassing

Charges Against 'Barking Dog' Avi
Adelman
BY ERIC NICHOLSON
TUESDAY, FEBRUARY 16, 2016 AT 5:01 P.M.
Photographer and First Amendment activist Avi Adelman was arrested and charged with criminal trespassing shortly after
taking this picture.
Avi Adelman is a free man.

Dallas Area Rapid Transit informed Adelman on Tuesday that the agency is dropping criminal
trespassing charges. Adelman, a self-described citizen journalist and well-known gady, was
arrested by DART police while photographing an incident at Rosa Parks Plaza, a transit hub in
downtown Dallas.
A review of the arrest revealed that it was not consistent with DART Police policies and
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the letter, which DART spokesman Morgan Lyons forwarded to the media on Monday. Although
the ofcers actions appear to be within her authority, they are not in line with department
directiv
Avi Adelman was booked into the Dallas County

jail on Tuesday night.
es concerning photography on DART property. A formal review of all aspects of the incident is
underway.
DART was initially dismissive of Adelmans claim of wrongful arrest. We have reviewed the
exchange and believe the ofcers acted properly, Lyons wrote in an email last week. Dallas Fire
Rescue asked him to move. He refused. Paramedics asked us to ask him to move several times.
He failed to comply, and thats why he was arrested. Photography is allowed in our public spaces
but we also expect people to comply with the instructions of a police ofcer. This is especially
true when paramedics tell us the actions of a photographer affect their ability to provide care.
Dallas Fire-Rescue, however, disputed DARTs assertion that paramedics asked Adelman to
move. At no point were any requests made to ask Mr. Adelman to leave the scene and/or stop
taking pictures, spokesman Jason Evans told Fox 4. In addition, there were no requests made
to [DART] ofcers to ask him to leave the scene and/or stop taking pictures.
The ofcers actions, which Adelman recorded on his camera, also seemed to run counter to
First Amendment case law. The right of citizens to photograph police actions on public property
is fairly well-established.
Adelman, paraphrasing his lawyer, described DARTs missive today as the best cover-your-ass
letter hes ever seen from a governmental agency. Adelman said he will be discussing any future
action on First Amendment issues with his attorneys.
Sponsor Content
2016 Dallas Observer, LP. All rights reserved.

Complaint 3-16-Cv 02579-B Adelman V DART

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Case 3:16-cv-02579-B Document 2 Filed 09/08/16

UNITED STATES DISTRICT COURT

DALLAS AREA RAPID TRANSIT and

STEPHANIE BRANCH, individually and in her

CIVIL ACTION NO. 3:16-cv-2579

PLAINTIFFS COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Officer Branchwith the blessing of her supervisor, DART Police Sergeant T.

Hutchinsused a trumped-up charge of criminal trespass to justify her unlawful arrest of

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

Faced with these inconsistenciesand the overwhelming evidence demonstrating

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

Plaintiff Avi S. Adelman is a Texas resident. He currently resides at 5620 East

Side Avenue, Dallas, Texas 75214.

Defendant Dallas Area Rapid Transit is a regional transportation authority created

Defendant Stephanie Branch is a Texas resident and a police officer employed by

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

Avi Adelmans Background

Adelman is a community activist and freelance journalist. He has worked in

Adelman is a member of the National Press Photographers Association (NPPA),

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

law enforcement officers attended.

Adelman manages the Right to Photograph in Public

Adelman was invited in January 2016 to participate in a Houston Bar Association

The Unconstitutional Arrest

On February 9, 2016, Adelman was in downtown Dallas, when he decided to

Shortly after Adelman began photographing, a uniformed DART police officer

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

In an effort to obstruct Adelmans exercise of his right to photograph, Officer

Ultimately, Officer Branchwith consent from her supervisor, Sergeant T.

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

The Aftermath and Investigation

Ex. M, Dallas Observer Article (Feb. 16, 2016), p. 2.

Ex. J, DART Letter.

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

Adelman is viewed simply taking photographs of a person in a public place on

Ex. A, Report of DART Police Office of Professional Standards, pp. 4-5.

Ex. B, Inconsistencies in DART Police Report DTC1600489, p. 1.

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

DARTs Policy Supporting the Unconstitutional Arrest

Although DARTs after-the-fact investigation found that Officer Branch violated

In fact, DARTs Incident Report states that DART Police Sergeant H.

Ex. D, Incident Report, p. 10.

Ex. G, H. Hutchins Statement; Ex. H, T. Hutchins Statement.

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

Adelman incorporates by reference the allegations of all preceding paragraphs as

if fully set forth herein.

Observing and photographing emergency medical activity in public is a legitimate

Ex. I, Spiller Email.

Ex. E, Branch Statement, p. 5.

Ex. F, Craig Statement, p. 2.

COMPLAINT AND APPLICATION FOR PERMANENT INJUNCTION

Case 3:16-cv-02579-B Document 2 Filed 09/08/16

On February 9, 2016, Officer Branch arrested Adelman for taking photographs in

As DARTs investigation confirmed, Adelman is viewed simply taking

photographs of a person in a public place.