Case 4:15-cv-02232 Document 1 Filed in TXSD on 08/04/15 Page 1 of 46

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

GENEVA REED-VEAL, Individually and as Mother and Personal Representative of the Estate of SANDRA BLAND, deceased,

Plaintiff,

v.

No. ______________________

BRIAN ENCINIA, Individually and as an agent and/or employee of TEXAS DEPARTMENT OF PUBLIC SAFETY; TEXAS DEPARTMENT OF PUBLIC SAFETY; ELSA MAGNUS, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; OSCAR PRUDENTE, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; and WALLER COUNTY,

Defendants.

COMPLAINT AT LAW Now comes the Plaintiff, GENEVA REED-VEAL, Individually and as Mother and Personal Representative of the Estate of SANDRA BLAND, deceased, and in support states as follows:
Index of Counts Count I - Brian Encinia – 42 U.S.C. § 1983 Count II - Brian Encinia – Assault and Battery Count III - Brian Encinia – Willful and Wanton – Survival Count IV - Brian Encinia – Willful and Wanton – Wrongful Death Count V - Texas Department of Public Safety – Vicarious Liability for Brian Encinia’s Willful and Wanton Conduct – Survival

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Count VI - Texas Department of Public Safety – Vicarious Liability for Brian Encinia’s Willful and Wanton Conduct – Wrongful Death Count VII - Texas Department of Public Safety – Institutional Liability – Survival Count VIII - Texas Department of Public Safety – Institutional Liability – Wrongful Death Count IX - Elsa Magnus – 42 U.S.C. § 1983 Count X - Elsa Magnus – Willful and Wanton – Survival Count XI - Elsa Magnus – Willful and Wanton – Wrongful Death Count XII - Oscar Prudente - 42 U.S.C. § 1983 Count XIII - Oscar Prudente – Willful and Wanton – Survival Count XIV - Oscar Prudente – Willful and Wanton – Wrongful Death Count XV - Waller County – Vicarious Liability for Elsa Magnus and Oscar Prudente’s Willful and Wanton Conduct – Survival Count XVI - Waller County – Vicarious Liability for Elsa Magnus and Oscar Prudente’s Willful and Wanton Conduct – Wrongful Death Count XVII - Waller County – Institutional Liability – Survival Count XVIII - Waller County– Institutional Liability – Wrongful Death
Parties 1. Plaintiff Geneva Reed-Veal is a person of the full age of majority and a resident of Naperville, Illinois, Northern District of Illinois. Geneva Reed-Veal sues on behalf of herself and as personal representative of Sandra Bland, deceased, her unmarried adult daughter, who was also a resident of Naperville, Illinois, Northern District of Illinois. 2. Defendant Brian Encinia, DPS Badge #14271, is a resident of Texas, and is a Trooper Law Enforcement Officer for Texas Department of Public Safety. At all times relevant
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to this cause, he was operating in the course and scope of his agency and/or employment relationship with the Texas Department of Public Safety.
3. Defendant the Texas Department of Public Safety is located at 5805 North Lamar Boulevard, Austin, Texas. Defendant the Texas Department of Public Safety employed persons including Defendant Brian Encinia and other troopers who, in the course and scope of their employment, were to enforce traffic laws in Waller County.
4. Defendant Waller County is located at 836 Austin Street, Hempstead, in the County of Waller, Texas. Defendant Waller County employed persons including Elsa Magnus, Oscar Prudente, and other jail guards who, in the course and scope of their employment, were required to observe, watch over, and manage persons placed in custody within the Waller County Jail.
5. Defendant Elsa Magnus, Badge #EM3679, was a screening officer at the Waller County Jail and is a resident of Texas. At all times relevant to this cause, she was operating in the course and scope of her agency and/or employment relationship with the Waller County Sheriff’s Office.
6. Defendant Oscar Prudente was a screening officer at the Waller County Jail and is a resident of Texas. At all times relevant to this cause, he was operating in the course and scope of his agency and/or employment relationship with the Waller County Sheriff’s Office.
7. At all times material throughout this complaint, Defendant Brian Encinia acted under color of state law, ordinance, and/or regulation, and in the course and scope of his employment with the Texas Department of Public Safety.
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8. At all times material throughout this complaint, Defendant Elsa Magnus acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office.
9. At all times material throughout this complaint, Defendant Oscar Prudente acted under color of state law, ordinance and/or regulation, and in the course and scope of his employment with the Waller County Sheriff’s Office.
Jurisdiction 10. This Court has jurisdiction over the claims raised in this Complaint under 42 U.S.C. § 1983 and 28 U.S.C. § 1331. 11. Venue is appropriate in the Southern District of Texas under 28 U.S.C. § 1391 as Defendants reside, and the acts complained of arose, in the Southern District of Texas. 12. Plaintiff further invokes the supplemental jurisdiction of this Court pursuant to 28 U.S.C. § 1367 to adjudicate pendent claims arising under the laws of the State of Texas and seeks recovery under the Wrongful Death and Survival Statutes of the State of Texas as allowed by law.
Facts Common to All Counts 13. On or about July 10, 2015, Brian Encinia was a Trooper with the Texas Department of Public Safety. 14. On or about July 10, 2015, Sandra Bland was travelling on FM 1098 in Prairie View, Texas, in a Hyundai Azera. 15. On or about July 10, 2015, with a police cruiser closing behind her, Sandra Bland pulled her Hyundai Azera into the right lane to let the police cruiser pass her.
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16. On or about July 10, 2015, at approximately 4:30 p.m. on FM 1098 in Prairie View, Texas, Department of Public Safety Highway Patrol Trooper Brian Encinia activated his lights and siren and made a traffic stop of Sandra Bland’s Hyundai Azera.
17. On or about July 10, 2015, Sandra Bland pulled her vehicle to the side of the roadway in compliance with Trooper Brian Encinia’s attempt to make a traffic stop by activating his lights and siren.
18. On or about July 10, 2015, Brian Encinia made a traffic stop of the Hyundai Azera, for failure to signal a lane change necessitated by his vehicle pulling up behind her vehicle.
19. On or about July 10, 2015, and at all times relevant, Brian Encinia made the traffic stop of the Hyundai Azera while acting in the course and scope of his employment with the Texas Department of Public Safety.
20. On or about July 10, 2015, Brian Encinia was acting as an agent and/or employee of the Texas Department of Public Safety.
21. On or about July 10, 2015, Brian Encinia informed Sandra Bland that she was being stopped for a failure to signal a lane change.
22. On or about July 10, 2015, Sandra Bland complied with Brian Encinia’s request for identification.
23. On or about July 10, 2015, Sandra Bland identified herself by providing her identification in response to Brian Encinia’s request for the same.
24. On or about July 10, 2015, during the traffic stop, while Sandra Bland was lawfully in her vehicle, Brian Encinia ordered Sandra Bland to extinguish or put out her cigarette.
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25. On or about July 10, 2015, Sandra Bland inquired of Brian Encinia "I'm in my car, why do I have to put my cigarette out?"
26. On or about July 10, 2015, Sandra Bland did extinguish or put out her cigarette. 27. On or about July 10, 2015, Brian Encinia ordered Sandra Bland to exit her vehicle. 28. On or about July 10, 2015, Brian Encinia opened the door of Sandra Bland’s Hyundai Azera. 29. On or about July 10, 2015, during the traffic stop for a lane change violation, Brian Encinia attempted to physically remove Sandra Bland from her vehicle. 30. On or about July 10, 2015, during the traffic stop Brian Encinia pointed a Taser at Sandra Bland as she sat in her vehicle. 31. On or about July 10, 2015, during the traffic stop Brian Encinia threatened Sandra Bland with bodily injury by pointing the Taser at her and saying words to the effect of "I’ll light you up." 32. On or about July 10, 2015, Brian Encinia used force and/or a threat of force to remove Sandra Brown from her vehicle. 33. On or about July 10, 2015, Brian Encinia placed handcuffs on Sandra Bland placing her under arrest. 34. On or about July 10, 2015, Brian Encinia wrestled Sandra Bland to the ground. 35. On or about July 10, 2015, Brian Encinia slammed Sandra Bland’s head to the ground. 36. On or about July 10, 2015, Brian Encinia kneeled on the body of Sandra Bland. 37. On or about July 10, 2015, Brian Encinia falsified an allegation of assault on a public servant against Sandra Bland for purposes of taking her into custody.
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38. On or about July 10, 2015, Sandra Bland was searched and no weapons, illicit drugs, or contraband were located.
39. On or about July 10, 2015, Sandra Bland’s vehicle was searched and no weapons, illicit drugs, or contraband were located.
40. On or about July 10, 2015, Brian Encinia falsely claimed and asserted that after pulling over Sandra Bland’s Hyundai Azera for failing to signal a lane change, "I had Bland exit the vehicle to further conduct a safe traffic investigation. Bland became combative and uncooperative. Numerous commands were given to Bland ordering her to exit the vehicle. Bland was removed from the car but became more combative. Bland was placed in handcuffs for officer safety."
41. On or about July 10, 2015, a Prairie View Police Officer also responded to the scene and provided assistance.
42. On or about July 10, 2015, Waller County EMS was also called to the scene. 43. On or about July 10, 2015, Sandra Bland was then processed and jailed in the Waller County Jail operated by Sheriff R. Glenn Smith, Chief Jailer J. Hester, and Assistant Chief Jailer L. Thibodeaux. 44. On or about July 10, 2015, personnel at the Waller County Jail were required to search Sandra Bland for weapons, illicit drugs, or contraband. 45. On or about July 10, 2015, personnel at the Waller County Jail searched Sandra Bland and found no weapons, illicit drugs, or contraband. 46. On or about July 10, 2015, and at all times relevant through July 13, 2015, personnel at Waller County Jail were required to keep Sandra Bland safe and free from physical injury, harm, or death.
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47. On or about July 10, 2015, and at all times relevant through July 13, 2015, personnel at Waller County Jail were required to keep Sandra Bland safe and free from psychological injury or harm.
48. On or about July 10, 2015, and at all times relevant through July 13, 2015, personnel at Waller County Jail were required to screen and evaluate Sandra Bland on an ongoing basis.
49. On or about July 10, 2015, and at all times relevant through July 13, 2015, Waller County was required to train its jail personnel on the method and means of evaluating persons placed in custody to keep them safe from physical or psychological injury, harm, or death.
50. On or about July 10, 2015, and at all times relevant, personnel at Waller County Jail were required to screen and evaluate the mental status of persons placed in custody.
51. On or about July 10, 2015, Waller County Jail personnel Oscar Prudente was a screening officer responsible for screening Sandra Bland.
52. On or about July 10, 2015, Waller County Jail personnel Elsa Magnus, Badge #EM3679, was a screening officer responsible for screening Sandra Bland.
53. On or about July 10, 2015, Sandra Bland complied with the requests of the Waller County Jail personnel during their screening and evaluation of her.
54. On or about July 10, 2015, Waller County Jail personnel claim that Sandra Bland informed them that she previously attempted to commit suicide.
55. On or about July 10, 2015 to July 13, 2015, and at all times relevant, Waller County Jail personnel placed Sandra Bland in a jail cell alone.
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56. On or about July 10, 2015, Waller County Jail personnel placed Sandra Bland in a jail cell with a variety of inappropriate items for a jail cell, including a large garbage can, garbage bags, exposed beams, cords, and other items.
57. On or about July 10 to July 13, 2015, jail personnel failed to appropriately respond when Sandra Bland did not eat the meals provided to her.
58. On or about July 10 to July 13, 2015, jail personnel failed to appropriately respond when Sandra Bland had bouts of uncontrollable crying.
59. On or about July 10 to July 13, 2015, Waller County Jail personnel claim that no other persons entered the jail cell with Sandra Bland
60. On or about July 11, 2015, Sandra Bland was permitted to make some telephone calls.
61. On or about July 12 to July 13, 2015, at various points in time, Sandra Bland was not permitted to make attempts to contact family and friends by telephone.
62. On or about July 13, 2015, Waller County Jail personnel claim that Sandra Bland was found in her cell with a ligature made of a garbage bag around her neck.
63. On or about July 13, 2015, Waller County Jail personnel claim that Sandra Bland was provided medical treatment.
64. On or about July 13, 2015, Sandra Bland died while under the custody and control of Waller County Jail.
65. On or about July 13, 2015, Sandra Bland was survived by her mother, Geneva Reed-Veal, and her sisters Shante Needham, Sharon Cooper, Shavon Bland, and Sienna Cole.
Count I Brian Encinia - 42 U.S.C. § 1983
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Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 66. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for
unprofessional conduct. 67. Prior to July 10, 2015, Texas Department of Public Safety knew or should have
known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public. 68. On July 10, 2015, Defendant Brian Encinia acted under color of law. 69. In the events alleged above, Defendant Brian Encinia acted contrary to law, and
intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
70. The above-described acts and omissions by Defendant Brian Encinia demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
71. As a result of Defendant Brian Encinia’s violations of Sandra Bland’s constitutional rights, Sandra Bland suffered substantial injuries, including but not limited to physical injury, pain and suffering, mental anguish, damages and, ultimately, death.
72. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
73. Defendant Brian Encinia deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
74. As a direct and proximate result of the foregoing, Defendant Brian Encinia, individually and as an agent and/or employee of Texas Department of Public Safety, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and Defendant Brian Encinia caused Sandra Bland to suffer injury and death, of which has caused the general
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damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
75. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
76. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother, Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count II Brian Encinia – Assault and Battery Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 77. On or about July 10, 2015, Defendant Brian Encinia committed a battery upon Sandra Bland when he intentionally, knowingly, and/or recklessly attempted to remove Sandra Bland from her vehicle. 78. On or about July 10, 2015, Defendant Brian Encinia committed an assault upon Sandra Bland when he intentionally, knowingly, and/or recklessly pointed a Taser at Sandra Bland as she sat in her vehicle. 79. On or about July 10, 2015, Defendant Brian Encinia committed an assault upon Sandra Bland when he intentionally, knowingly, and/or recklessly threatened Sandra Bland with bodily injury by pointing a Taser at her and saying words to the effect of “I’ll light you up” as she sat in her vehicle.
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80. On or about July 10, 2015, Defendant Brian Encinia committed an assault and battery upon Sandra Bland when he intentionally, knowingly, and/or recklessly used force and/ or a threat of force to remove Sandra Bland from her vehicle.
81. On or about July 10, 2015, Defendant Brian Encinia committed a battery upon Sandra Bland when he intentionally, knowingly, and/or recklessly wrestled Sandra Bland to the ground.
82. On or about July 10, 2015, Defendant Brian Encinia committed a battery upon Sandra Bland when he intentionally, knowingly, and/or recklessly slammed Sandra Bland’s head into the ground.
83. On or about July 10, 2015, Defendant Brian Encinia committed a battery upon Sandra Bland when he intentionally, knowingly, and/or recklessly kneeled on the body of Sandra Bland.
84. At no time was Defendant Brian Encinia privileged to take the action, as such fore was not necessary under the circumstances.
85. As a direct and proximate result of the foregoing, Defendant Brian Encinia, individually and as an agent and/or employee of Texas Department of Public Safety, assaulted and battered Sandra Bland, and Defendant Brian Encinia caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
86. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action as an alternative pendent state law claim pursuant to Texas Penal Code section 22.01.
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Brian Encinia – Willful and Wanton – Survival Plaintiff re-alleges Paragraphs 1-65 of the Complaint.
87. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct.
88. Prior to July 10, 2015, Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public.
89. On July 10, 2015, Defendant Brian Encinia acted under color of law. 90. In the events alleged above, Defendant Brian Encinia acted contrary to law, and intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 91. The above-described acts and omissions by Defendant Brian Encinia demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 92. As a result of Defendant Brian Encinia’s violations of Sandra Bland’s constitutional rights, Sandra Bland suffered substantial injuries, including but not limited to physical injury, pain and suffering, mental anguish, damages and, ultimately, death. 93. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution. 94. Defendant Brian Encinia deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes. 95. As a direct and proximate result of the foregoing, Defendant Brian Encinia individually and as an agent and/or employee of Texas Department of Public Safety, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and Defendant caused
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Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
96. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
Count IV Brian Encinia – Willful and Wanton – Wrongful Death Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 97. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct. 98. Prior to July 10, 2015, Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public. 99. On July 10, 2015, Defendant Brian Encinia acted under color of law. 100. In the events alleged above, Defendant Brian Encinia acted contrary to law, and intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 101. The above-described acts and omissions by Defendant Brian Encinia demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 102. As a result of Defendant Brian Encinia’s violations of Sandra Bland’s constitutional rights, Sandra Bland suffered substantial injuries, including but not limited to physical injury, pain and suffering, mental anguish, damages and, ultimately, death.
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103. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
104. Defendant Brian Encinia deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
105. As a direct and proximate result of the foregoing, Defendant Brian Encinia individually and as an agent and/or employee of Texas Department of Public Safety, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and Defendant Brian Encinia caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
106. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother, Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count V Texas Department of Public Safety – Vicarious Liability for Brian Encinia’s Willful and
Wanton Conduct – Survival Plaintiff re-alleges Paragraphs 1-65 of the Complaint.
107. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct.
108. Prior to July 10, 2015, Defendant the Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public.
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109. On July 10, 2015, Defendant Brian Encinia was an agent and/or employee of the Department Texas Department of Public Safety.
110. In the events alleged above, Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion.
111. Prior to July 13, 2015, and at all times relevant, Defendant the Texas Department of Public Safety was responsible for training its law enforcement officers, including but not limited to Defendant Brian Encinia, with regard to how to conduct a proper vehicle stop, but failed to fully, adequately, and properly do so.
112. Prior to July 13, 2015, and at all times relevant, Defendant the Texas Department of Public Safety failed to properly evaluate its law enforcement personnel's qualifications, training, demeanor, and fitness-for-duty as Texas Department of Public Safety Troopers, including but not limited to, Defendant Brian Encinia.
113. The above-described acts and omissions by Defendant the Texas Department of Public Safety demonstrate a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
114. As a result of the violations of Sandra Bland’s constitutional rights by Defendant Texas Department of Public Safety, through its agent and/or employee, Defendant Brian Encinia, and his afore-described willful and wanton conduct, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
115. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
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116. Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
117. As a direct and proximate result of the foregoing conduct, Defendant Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
118. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
Count VI Texas Department of Public Safety – Vicarious Liability for Brian Encinia’s Willful and
Wanton Conduct – Wrongful Death Plaintiff re-alleges Paragraphs 1-65 of the Complaint.
119. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct.
120. Prior to July 10, 2015, Defendant the Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public.
121. On July 10, 2015, Defendant Brian Encinia was an agent and/or employee of Defendant the Texas Department of Public Safety.
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122. In the events alleged above, Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion.
123. The above-described acts and omissions by Defendant the Texas Department of Public Safety demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
124. As a result of the violations of Sandra Bland’s constitutional rights by Defendant the Texas Department of Public Safety, through its agent and/or employee, Defendant Brian Encinia, and his afore-described willful and wanton conduct, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
125. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
126. Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
127. As a direct and proximate result of the foregoing conduct Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
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128. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count VII Texas Department of Public Safety – Institutional Liability – Survival Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 129. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct. 130. Prior to July 10, 2015, Defendant the Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public. 131. On July 10, 2015, Defendant Brian Encinia was an agent and/or employee of Defendant the Texas Department of Public Safety. 132. In the events alleged above, Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion. 133. Prior to July 13, 2015, and at all times relevant, Defendant the Texas Department of Public Safety was responsible for training its law enforcement officers, including but not limited to Defendant Brian Encinia with regard to how to conduct a proper vehicle stop, but failed to fully, adequately, and properly do so. 134. Prior to July 13, 2015, and at all times relevant, Defendant the Texas Department of Public Safety failed to properly evaluate its law enforcement personnel's qualifications,
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training, demeanor, and fitness-for-duty as Texas Department of Public Safety Troopers, including but not limited to, Defendant Brian Encinia.
135. The above-described acts and omissions by Defendant the Texas Department of Public Safety demonstrate a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
136. As a result of the violations of Sandra Bland’s constitutional rights by Defendant the Texas Department of Public Safety, through its agent and/or employee, Defendant Brian Encinia, his afore-described willful and wanton conduct, Sandra Bland suffered substantial injuries, damages and, ultimately, death
137. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
138. Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
139. As a direct and proximate result of the foregoing conduct Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
140. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
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Count VIII Texas Department of Public Safety – Institutional Liability – Wrongful Death Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 141. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct. 142. Prior to July 10, 2015, Defendant the Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public. 143. On July 10, 2015, Defendant Brian Encinia was an agent and/or employee of Texas Department of Public Safety. 144. In the events alleged above, Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion. 145. Prior to July 13, 2015, and at all times relevant, Defendant the Texas Department of Public Safety was responsible for training its law enforcement officers, including but not limited to Defendant Brian Encinia with regard to how to conduct a proper vehicle stop, but failed to fully, adequately, and properly do so. 146. Prior to July 13, 2015, and at all times relevant, Defendant the Texas Department of Public Safety failed to properly evaluate its law enforcement personnel's qualifications, training, demeanor, and fitness-for-duty as Texas Department of Public Safety Troopers, including but not limited to, Defendant Brian Encinia.
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147. The above-described acts and omissions by Defendant the Texas Department of Public Safety demonstrate a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
148. As a result of the violations of Sandra Bland’s constitutional rights by Defendant the Texas Department of Public Safety, through its agent and/or employee, Defendant Brian Encinia, and his afore-described willful and wanton conduct, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
149. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
150. Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
151. As a direct and proximate result of the foregoing conduct of, Defendant the Texas Department of Public Safety, by and through its agent and/or employee, Defendant Brian Encinia, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
152. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count IX Elsa Magnus – 42 U.S.C. § 1983
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Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 153. On July 10, 2015, Defendant Elsa Magnus acted under color of law. 154. In the events alleged above, Defendant Elsa Magnus acted contrary to law, and
intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
155. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
156. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
157. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
158. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
159. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
160. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
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161. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
162. As a direct and proximate result of the foregoing, Defendant Elsa Magnus individually and as an agent and/or employee of Defendant Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
163. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
164. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count X Elsa Magnus – Willful and Wanton – Survival Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 165. On July 10, 2015, Defendant Elsa Magnus acted under color of law. 166. In the events alleged above, Defendant Elsa Magnus acted contrary to law, and intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
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167. The above-described acts and omissions by Defendant Elsa Magnus demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
168. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
169. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
170. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, were willful, wanton and recklessly exhibited a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
171. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
172. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
173. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
174. As a direct and proximate result of the foregoing, Defendant Elsa Magnus, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her
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rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
175. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
Count XI Elsa Magnus – Willful and Wanton – Wrongful Death Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 176. On July 10, 2015, Defendant Elsa Magnus acted under color of law. 177. In the events alleged above, Defendant Elsa Magnus acted contrary to law, and intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 178. The above-described acts and omissions by Defendant Elsa Magnus demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 179. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody. 180. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
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181. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
182. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
183. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
184. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
185. As a direct and proximate result of the foregoing, Defendant Elsa Magnus, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
186. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XII Oscar Prudente – 42 U.S.C. § 1983
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Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 187. On July 10, 2015, Defendant Oscar Prudente acted under color of law. 188. In the events alleged above, Defendant, Oscar Prudente, acted contrary to law,
and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
189. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
190. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
191. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
192. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
193. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
194. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
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195. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
196. As a direct and proximate result of the foregoing, Defendant Oscar Prudente, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
197. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
198. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XIII Oscar Prudente – Willful and Wanton – Survival Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 199. On July 10, 2015, Defendant Oscar Prudente acted under color of law. 200. In the events alleged above, Defendant Oscar Prudente acted contrary to law, and intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
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201. The above-described acts and omissions by Defendant Oscar Prudente demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
202. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
203. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
204. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
205. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
206. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
207. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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208. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Oscar Prudente, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
209. Defendant Waller County, by and through its agent and/or employee, Defendant Oscar Prudente, violated 42 U.S.C. § 1983 in that Oscar Prudente’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
210. As a direct and proximate result of the foregoing, Defendant Oscar Prudente, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
211. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
Count XIV Oscar Prudente – Willful and Wanton – Wrongful Death Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 212. On July 10, 2015, Defendant Oscar Prudente acted under color of law. 213. In the events alleged above, Defendant Oscar Prudente acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
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214. The above-described acts and omissions by Defendant Oscar Prudente demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
215. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
216. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
217. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
218. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
219. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
220. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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221. As a direct and proximate result of the foregoing, Defendant Oscar Prudente, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
222. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XV Waller County – Vicarious Liability for Defendant Elsa Magnus and Defendant Oscar
Prudente’s Willful and Wanton Conduct – Survival Plaintiff re-alleges Paragraphs 1-65 of the Complaint.
223. On July 10, 2015, Defendant Elsa Magnus was an agent and/or employee of Waller County through her employment at the Waller County Sheriff’s Office.
224. On July 10, 2015, Defendant Oscar Prudente was an agent and/or employee of Waller County through his employment at the Waller County Sheriff’s Office.
225. In the events alleged above, Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion.
226. The above-described acts and omissions by Defendants demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
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227. On or about July 10 to July 13, 2015, Waller County Jail personnel were inadequately trained on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled, and/or potentially suicidal, in violation of 37 Texas Administrative Code, Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
228. On or about July 10 to July 13, 2015, Waller County Jail facilities failed to have an established procedure for visual, face-to-face observation of all inmates by jailers no less than once every 60 minutes, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
229. As a result of the violation of Sandra Bland’s constitutional rights by Waller County Sheriff’s Office agents and/or employees Defendant Elsa Magnus, Defendant Oscar Prudente, and others, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
230. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
231. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
232. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others were willful, wanton,
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and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
233. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
234. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
235. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
236. Defendant Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
237. Defendant Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, violated 42 U.S.C. § 1983, in that their conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
238. As a direct and proximate result of the foregoing, Defendant Waller County, by and through its agents and or employees, including Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights and privileges as a citizen of the
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United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
239. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
Count XVI Waller County – Vicarious Liability for Defendant Elsa Magnus and Defendant Oscar
Prudente’s Willful and Wanton Conduct – Wrongful Death Plaintiff re-alleges Paragraphs 1-65 of the Complaint.
240. On July 10, 2015, Defendant Elsa Magnus was an agent and/or employee of Waller County through her employment at the Waller County Sheriff’s Office.
241. On July 10, 2015, Defendant Oscar Prudente was an agent and/or employee of Waller County through his employment at the Waller County Sheriff’s Office.
242. In the events alleged above, Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion.
243. The above-described acts and omissions by Defendants demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
244. On or about July 10 to July 13, 2015, Waller County Jail personnel were inadequately trained on the procedures for recognition, supervision, documentation, and handling
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of inmates who are mentally disabled, and/or potentially suicidal, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
245. On or about July 10 to July 13, 2015, Waller County Jail facilities failed to have an established procedure for visual, face-to-face observation of all inmates by jailers no less than once every 60 minutes, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
246. As a result of the violation of Sandra Bland’s constitutional rights by Waller County Sheriff’s Office agents and/or employees Defendant Elsa Magnus, Defendant Oscar Prudente, and others, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
247. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
248. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
249. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
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250. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
251. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
252. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
253. Defendant Waller County, by and through its agents and/or employees Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
254. As a direct and proximate result of the foregoing, Defendant Waller County, by and through its agents and or employees, including Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
255. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
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Count XVII Waller County – Institutional Liability – Survival Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 256. On July 10, 2015, Defendant Elsa Magnus was an agent and/or employee of Waller County through her employment at the Waller County Sheriff’s Office. 257. On July 10, 2015, Defendant Oscar Prudente was an agent and/or employee of Waller County through his employment at the Waller County Sheriff’s Office. 258. In the events alleged above, Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion. 259. The above-described acts and omissions by Defendants demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 260. On or about July 10 to July 13, 2015, Waller County Jail personnel were inadequately trained on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled, and/or potentially suicidal, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8. 261. On or about July 10 to July 13, 2015, Waller County Jail facilities failed to have an established procedure for visual, face-to-face observation of all inmates by jailers no less than once every 60 minutes, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1),
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Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
262. As a result of the violation of Sandra Bland’s constitutional rights by Waller County Sheriff’s Office agents and/or employees Defendant Elsa Magnus, Defendant Oscar Prudente, and others, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
263. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
264. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
265. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
266. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
267. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, Oscar Prudente, and others were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
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268. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
269. Defendant Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
270. As a direct and proximate result of the foregoing, Defendant Waller County, by and through its agents and or employees, including Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
271. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
Count XVIII Waller County – Institutional Liability – Wrongful Death Plaintiff re-alleges Paragraphs 1-65 of the Complaint. 272. On July 10, 2015, Defendant Elsa Magnus was an agent and/or employee of Waller County through her employment at the Waller County Sheriff’s Office. 273. On July 10, 2015, Defendant Oscar Prudente was an agent and/or employee of Waller County through his employment at the Waller County Sheriff’s Office.
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274. In the events alleged above, Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, acted contrary to law, and intentionally and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion.
275. The above-described acts and omissions by Defendants demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
276. On or about July 10 to July 13, 2015, Waller County Jail personnel were inadequately trained on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled, and/or potentially suicidal, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
277. On or about July 10 to July 13, 2015, Waller County Jail facilities failed to have an established procedure for visual, face-to-face observation of all inmates by jailers no less than once every 60 minutes, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
278. As a result of the violation of Sandra Bland’s constitutional rights by Waller County Sheriff’s Office agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
279. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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280. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
281. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, Oscar Prudente, and others were willful, wanton, and recklessly exhibited a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
282. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
283. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
284. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
285. Defendant Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
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286. As a direct and proximate result of the foregoing, Defendant, Waller County, by and through its agents and or employees, including Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
287. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Damages 288. Defendants are jointly and severally liable for the wrongs complained of herein, either by virtue of direct participation or by virtue of encouraging, aiding, abetting, committing, and/or ratifying and condoning the commission of the above described acts and/or omissions. 289. Plaintiff and Plaintiff’s Decedent suffered compensatory, special, and punitive damages for the following:
a. Extreme mental anguish and emotional distress as a result of being falsely arrested, physically assaulted, and battered by Defendant Brian Encinia;
b. Extreme physical abuse, mental anguish and emotional distress as a result of the intentional infliction of emotional distress to which Defendant Brian Encinia subjected Plaintiff;
c. Violation of Plaintiff's civil rights by Defendants Brian Encinia, Texas Department of Public Safety, Waller County, Elsa Magnus, and Oscar Prudente; and
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d. Punitive damages for egregious acts and omissions of Defendants Brian Encinia, Texas Department of Public Safety, Waller County, Elsa Magnus, and Oscar Prudente. 290. Plaintiff is entitled to attorney’s fees for litigation of this matter. 291. Plaintiff requests and is entitled to a trial by jury.
Prayer for Relief Geneva Reed-Veal, as Mother and Personal Representative of the estate of Sandra Bland, deceased, prays that for judgment on her behalf and against all defendants jointly, severally, and in solido, as follows: a. Compensatory, special, and punitive damages; b. The cost of this action and reasonable attorney fees as provided by 42 U.S.C. § 1983; c. Judicial interest from date of judicial demand; d. Trial by jury; and e. Such further relief as this Court deems just and equitable.
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Respectfully Submitted, /s/ Jesse Thomas Rhodes, III Counsel for Plaintiff Jesse Thomas Rhodes, III Texas Bar #16820050 Federal Bar #17613 trhodes@tomrhodeslaw.com Robert E. Brzezinski Texas Bar #00783743 Federal Bar #17609 brzez@tomrhodeslaw.com Wayne Colodny Texas Bar # 04626440 Federal Bar #4598395 wcolodny@tomrhodeslaw.com TOM RHODES LAW FIRM, P.C. 126 Villita Street San Antonio, Texas 78205 Telephone: (210) 225-5251 Facsimile: (210) 225-6545
46

 
 Case 4:15-cv-02232 Document 92 Filed in TXSD on 03/17/16 Page 1 of 6
United States District Court Southern District of Texas

ENTERED

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

March 17, 2016
David J. Bradley, Clerk

HOUSTON DIVISION

GENEVA REED-VEAL, Plaintiff,
v. BRIAN ENCINIA, et a/.,
Defendants.

§

§

§

§

§

Civil Action No. H-15-2232

§

§

§

§

ORDER Pending before the Court is Plaintiffs Motion for a Rule to Show Cause as

to Why Steve Kunkemoeller and Wendy Taft, of the Federal Bureau of

Investigation, Should Not be Held in Contempt of this Honorable Court for Failing

to Adhere and Comply with this Court's Subpoena that was Returnable on October

22, 2016, or in the Alternative, for In Camera Inspection (Document No. 57).

Having considered the motion, submissions, arguments of counsel in open court,

and applicable law, the Court determines the motion should be denied in part and

granted in part as stated herein.

I. BACKGROUND

This is a § 1983 civil rights case. On July 10, 2015, Sandra Bland ("Bland")

was pulled over by Defendant State Trooper Brian Encinia ("Encinia") for failure

to signal. Although the parties dispute why and how the stop escalated, Encinia

Case 4:15-cv-02232 Document 92 Filed in TXSD on 03/17/16 Page 2 of 6
eventually arrested Bland. From July 10, 2015 until July 13, 2015, Bland was incarcerated in a jail operated by Defendant Waller County, Texas ("Waller County"). On July 13, 2015, Bland died while in custody. On August 4, 2015, Plaintiff Geneva Reed-Veal ("Plaintiff'), Bland's mother, filed suit in this Court. The remaining Defendants are Brian Encinia, Waller County, and the following Waller County employees: Elsa Magnus, Oscar Prudente, Rafael Zuniga, Michael Sergis, Dormic Smith, Cynthia Whidden, Marc Langdon, Sherry Rochen, Lanny Thibodeaux, Matther Mills, Marianne Williams, and Randy Lewis (collectively with Waller County, the "Waller County Defendants").
On October 14, 2015, Plaintiff issued a subpoena to the Houston Office of the Federal Bureau of Investigation ("FBI") for information in its possession related to Bland's arrest and incarceration. The FBI, through the United States Attorney, filed a motion to quash the subpoena, which the Court denied on December 21, 2015. The FBI subsequently informed Plaintiff that the only information in its possession relating to the case was the report generated by the Texas Rangers (the ''Rangers Report''). 1 The FBI agreed to provide the Rangers
1 United States Attorney's Response to Plaintiff's Motion to Hold r/31 Agents in Contempt or in the Alternative for In Camera Inspection, Document No. 58 at 2.
2

Case 4:15-cv-02232 Document 92 Filed in TXSD on 03/17/16 Page 3 of 6
Report to Plaintiff upon the completion of the criminal investigation pending against Encinia in Waller County. 2
On January 6, 2016, the Waller County Grand Jury returned a misdemeanor indictment against Encinia. The FBI consequently declined to tum over the Rangers Report, contending it was protected under the law enforcement privilege and thus should not be released. See In re DHS, 459 F.3d 565, 570 (5th Cir. 2006) (recognizing the law enforcement privilege in the Fifth Circuit). However, the FBI did not oppose an in camera inspection of the subpoenaed records.3 On February 18, 2016, the Court held a hearing on all pending motions, including the present motion to show cause. The FBI reiterated its position that it the Rangers Report should not be released under the law enforcement privilege but that it did not oppose Plaintiff's alternative request for in camera review. Accordingly, on February 22, 2016, the Rangers Report was produced to the Court for in camera inspection to determine whether the law enforcement privilege applies.
2 Plaintiff's Motion for a Rule to Show Cause as to Why Steve Kunkemoeller and Wendy Taft, of the Federal Bureau of Investigation, Should Not be Held in Contempt of this Honorable Court for Failing to Adhere and Comply with this Court's Subpoena that was Returnable on October 22, 2016, or in the Alternative, for In Camera Inspection, Document No. 57, ,-r 8; United States Attorney's Response to Plaintiff's Motion to Hold FBI Agents in Contempt or in the Alternative for In Camera Inspection, Document No. 58 at 2.
3 United States Attorney's Response to Plaintiff's Motion to Hold FBI Agents" in Contempt or in the Alternative for In Camera Inspection, Document No. 58 at 1.
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Case 4:15-cv-02232 Document 92 Filed in TXSD on 03/17/16 Page 4 of 6
II. LAW & ANALYSIS
The law enforcement privilege is a "qualified privilege protecting
investigative files in an ongoing criminal investigation." In re DHS, 459 F.3d at
569 (internal citations omitted). To determine whether the law enforcement
privilege applies to a document, courts must balance "the government's interest in
confidentiality against the litigant's need for the documents." !d. at 570. Courts
should consider the following ten factors when weighing the two interests:
( 1) The extent to which disclosure will thwart governmental processes by discouraging citizens from giving the government information; (2) the impact upon persons who have given information of having their identities disclosed; (3) the degree to which governmental self-evaluation and consequent program improvement will be chilled by disclosure; (4) whether the information sought is factual data or evaluative summary; (5) whether the party seeking discovery is an actual or potential defendant in any criminal proceeding either pending or reasonably likely to follow from the incident in question; (6) whether the police investigation has been completed; (7) whether any interdepartmental disciplinary proceedings have arisen or may arise from the investigation; (8) whether the plaintiffs suit is non-frivolous and brought in good faith; (9) wh~ther th~ information sought is available through other discovery or from other sources; (10) the importance of the information sought to the plaintiffs case.
!d. (instructing. district courts to consider the "Frankenhauser factors" developed
in Frankenhauser v. Rizzo, 59 F.R.D 339, 344 (E.D. Pa. Mar. 13, 1973)). The
privilege does not apply to "( 1) people who have been investigate~ in the past but
are no longer under investigation, (2) people who merely are suspected of a
violation without being part of an ongoing criminal investigation, and (3) people
4

Case 4:15-cv-02232 Document 92 Filed in TXSD on 03/17/16 Page 5 of 6

who may have violateq only civil provisions." Id. at 571. In addition, the privilege

'

.

lapses .either at the close of an investigation or after a "reasonable time." I d.

'

(

. .

.

In considering the ten FrankenhaU;ser factors, the Court finds the factors

"

.

'

'

weigh in favor of releasing the Rangers Report. In addition, the Court mandates the

release of the names included in the report pursuant to the Privacy Act § (b)(11 ).

5 U.S.C. § 552a(b)(11 ). However, the Court finds the release of the Rangers Report should be subject to a protective order pursuant to the Privacy Act.4

III. CONCLUSION

Based on the foregoing, the Court hereby

ORDERS that Plaintiffs Motion for a Rule to Show Cause as to Why Steve

Kunkemoeller and Wendy Taft, of the Federal Bureau of Investigation, Should Not

be Held in Contempt of this Honorable Court for Failing to Adhere and Comply

with this Court's Subpoena that was Returnable on October 22, 2016 (Document

No. 57) is DENIED. Plaintiffs Alternative Request for In Camera Inspection is

GRANTED. The Court further

ORDERS that the FBI must produce the Rangers Report in accordance with

the protective order as outlined in the Court's separate Privacy Act Order.

4 See United States Attorney's Notice of Production of Privacy Act Protected Documents in In Camera Inspection, Document No. 85; Proposed Privacy Act Order, Document No. 86. Plaintiff did not respond to the FBI's request to release the Rangers Report under the Privacy Act or to the proposed order itself.
5

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SIGNED at Houston, Texas, on this _li day of March, 2016.
DAVID HITTNER United States District Judge
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 Case 4:15-cv-02232 Document 63 Filed in TXSD on 01/19/16 Page 1 of 99

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

GENEVA REED-VEAL, Individually and as Mother and Independent Administrator of the Estate of SANDRA BLAND, deceased,

Plaintiff,
v.
BRIAN ENCINIA, Individually and as an agent and/or employee of TEXAS DEPARTMENT OF PUBLIC SAFETY; ELSA MAGNUS, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; OSCAR PRUDENTE, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; and WALLER COUNTY; RAFAEL ZUNIGA, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; MICHAEL SERGIS, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; DORMIC SMITH, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; CYNTHIA WHIDDEN, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; MARC LANGDON, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; LT. SHERRY ROCHEN, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; ASST. CHIEF LANNY THIBODEAUX, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; MATTHEW MILLS, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; MARIANNE WILLIAMS, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE; RANDY LEWIS, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF’S OFFICE

No. 4:15-cv-02232 Jury Demand Judge David Hittner Magistrate Judge Stephen Dormic Smith

Defendants.

3rd AMENDED COMPLAINT AT LAW AND JURY DEMAND

Case 4:15-cv-02232 Document 63 Filed in TXSD on 01/19/16 Page 2 of 99
Now comes the Plaintiff, GENEVA REED-VEAL, Individually and as Mother and Independent of Administrator of the Estate of SANDRA BLAND, deceased, and in support of her Third Amended Complaint at Law and Jury Demand states as follows:
Plaintiff Geneva Reed-Veal is a person of the full age of majority and a resident of Chicago, Illinois, Northern District of Illinois. Geneva Reed-Veal sues on behalf of herself and as independent administrator of Sandra Bland, deceased, her unmarried adult daughter, who was also a resident of Naperville, Illinois, Northern District of Illinois.
INDEX OF COUNTS Count I - Brian Encinia – 42 U.S.C. § 1983 Claim Count II - Elsa Magnus – 42 U.S.C. § 1983 Claim Count III - Elsa Magnus – Negligence Claim Count IV - Oscar Prudente - 42 U.S.C. § 1983 Claim Count V - Oscar Prudente – Negligence Claim Count VI- Waller County – Negligence Claim Count VII – Waller County -§1983 and 1988/Monnell Policy Claim Count XVIII - Rafael Zuniga – 42 U.S.C. § 1983 Count IX – Rafael Zuniga – Negligence Claim Count X - Michael Sergis – 42 U.S.C. § 1983
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Count XI – Michael Sergis – Negligence Claim Count XII – Dormic Smith – 42 U.S.C. § 1983 Count XIII – Dormic Smith – Negligence Claim Count XIV - Cynthia Whidden – 42 U.S.C. § 1983 Count XV – Cynthia Whidden – Negligence Claim Count XVI - Marc Langdon – 42 U.S.C. § 1983 Count XVII – Marc Langdon – Negligence Claim Count XVIII - Lt. Sherry Rochen – 42 U.S.C. § 1983 Count XIX – Lt. Sherry Rochen – Negligence Claim Count XX - Asst. Chief Lanny Thibodeaux – 42 U.S.C. § 1983 Count XXI – Asst. Chief Lanny Thibodeaux – Negligence Claim Count XXII - Matthew Mills – 42 U.S.C. § 1983 Count XXIII – Matthew Mills – Negligence Claim Count XXIV – Marianne Williams – 42 U.S.C. § 1983 Count XXV – Marianne Williams – Negligence Claim Count XXVI – Randy Lewis – 42 U.S.C. § 1983 Count XXVII – Randy Lewis – Negligence Claim
PARTIES 1. Plaintiff GENEVA REED-VEAL is a person of the full age of majority and a resident of Chicago, Illinois, Northern District of Illinois. GENEVA
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REED-VEAL sues on behalf of herself and as independent administrator of Sandra Bland, deceased, her unmarried adult daughter, who was a resident of Naperville, Illinois, Northern District of Illinois.
2. Defendant BRIAN ENCINIA, DPS Badge # 14271, is a resident of Texas, and is a Trooper Law Enforcement Officer for Texas Department of Public Safety. At all times relevant to this cause, BRIAN ENCINIA was operating under color of law and in the course and scope of his agency and/or employment relationship with the Texas Department of Public Safety and pursuant to the Texas Department of Public Safety’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
3. Defendant WALLER COUNTY (“COUNTY”) is authorized by the laws of the State of Texas to operate the Waller County Jail. As part of its responsibilities and services, the COUNTY also operates a law enforcement agency (the Waller County Sheriff’s Department) that, among other duties, operates and controls the COUNTY’s jail system, including the Waller County Jail. Defendant WALLER COUNTY is located at 836 Austin Street, Hempstead, in the County of Waller, Texas. Defendant WALLER COUNTY employed persons including Elsa Magnus, Oscar Prudente, and other jail guards who, in the course and scope of their employment, were required to observe, watch over, and manage persons placed in custody within the Waller County Jail. At all relevant times
4

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herein, the COUNTY acted under color of law and pursuant to certain customs, policies, and practices that were the moving force behind the constitutional violations asserted herein.
4. Defendant ELSA MAGNUS, Badge #EM3679, was a screening officer at the Waller County Jail and is a resident of Texas. At all times relevant to this cause, she was operating in the course and scope of her agency and/or employment relationship with the Waller County Sheriff’s Office, acting under color of law, and pursuant to the COUNTY’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
5. Defendant OSCAR PRUDENTE was a screening officer at the Waller County Jail and is a resident of Texas. At all times relevant to this cause, he was operating in the course and scope of his agency and/or employment relationship with the Waller County Sheriff’s Office, acting under color of law, and pursuant to the COUNTY’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
6. At all times material throughout this complaint, Defendant BRIAN ENCINIA acted under color of state law, ordinance, and/or regulation, and in the course and scope of his employment with the Texas Department of Public Safety and pursuant to the Texas Department of Public Safety’s customs, policies, and
5

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practices which were the moving force behind the constitutional violations asserted herein.
7. At all times material throughout this complaint, Defendant ELSA MAGNUS acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
8. At all times material throughout this complaint, Defendant OSCAR PRUDENTE acted under color of state law, ordinance and/or regulation, and in the course and scope of his employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
9. At all times material throughout this complaint, Defendant RAFAEL ZUNIGA was a jailer at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
10. At all times material throughout this complaint, Defendant MICHAEL SERGIS was a jailer at the Waller County Jail and is a resident of Texas acted
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under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
11. At all times material throughout this complaint, Defendant DORMIC SMITH was a jailer at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
12. At all times material throughout this complaint, Defendant CYNTHIA WHIDDEN was a jailer at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
13. At all times material throughout this complaint, Defendant MARC LANGDON was a jailer at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller
7

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County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
14. At all times material throughout this complaint, Defendant LT. SHERRY ROCHEN worked at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
15. At all times material throughout this complaint, Defendant LT. SHERRY ROCHEN worked at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
16. At all times material throughout this complaint, Defendant ASST. CHIEF LANNY THIBODEAUX worked at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
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17. At all times material throughout this complaint, Defendant MATTHEW MILLS worked at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
18. At all times material throughout this complaint, Defendant MARIANNE WILLIAMS worked at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
19. At all times material throughout this complaint, Defendant RANDY LEWIS worked at the Waller County Jail and is a resident of Texas acted under color of state law, ordinance, and/or regulation, and in the course and scope of her employment with the Waller County Sheriff’s Office and pursuant to Waller County’s customs, policies, and practices which were the moving force behind the constitutional violations asserted herein.
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JURISDICTION AND VENUE 20. This Court has jurisdiction over the claims raised in this Complaint under 42 U.S.C. § 1983 and 1988, and 28 U.S.C. §1331. 21. Venue is appropriate in the Southern District of Texas Under 28 U.S.C. § 1391 as Defendants reside, and the acts complained of arose, in the Southern District of Texas. 22. Plaintiff further invokes the supplemental jurisdiction of this Court pursuant to 28 U.S.C. § 1367 to adjudicate pendent claims arising under the laws of the State of Texas and seeks recovery under the Wrongful Death and Survival Statutes of the State of Texas as allowed by law. 23. The amount in controversy exceeds $75,000 exclusive of interest and costs.
FACTS COMMON TO ALL COUNTS 24. On or about July 10, 2015, Brian Encinia was a Trooper with the Texas Department of Public Safety. 25. On or about July 10, 2015, Sandra Bland was travelling on FM 1098 in Prairie View, Texas, in a Hyundai Azera. 26. On or about July 10, 2015, with a police cruiser closing behind her, Sandra Bland pulled her Hyundai Azera into the right lane to let the police cruiser pass her.
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27. On or about July 10, 2015, at approximately 4:30 p.m. on FM 1098 in Prairie View, Texas, Department of Public Safety Highway Patrol Trooper Brian Encinia activated his lights and siren and made a traffic stop of Sandra Bland’s Hyundai Azera.
28. On or about July 10, 2015, Sandra Bland pulled her vehicle to the side of the roadway in compliance with Trooper Brian Encinia’s attempt to make a traffic stop by activating his lights and siren.
29. On or about July 10, 2015, Brian Encinia made a traffic stop of the Hyundai Azera, for failure to signal a lane change necessitated by his vehicle pulling up behind her vehicle.
30. On or about July 10, 2015, and at all times relevant, Brian Encinia made the traffic stop of the Hyundai Azera while acting in the course and scope of his employment with the Texas Department of Public Safety.
31. On or about July 10, 2015, Brian Encinia was acting as an agent and/or employee of the Texas Department of Public Safety.
32. On or about July 10, 2015, Brian Encinia informed Sandra Bland that she was being stopped for a failure to signal a lane change.
33. On or about July 10, 2015, Sandra Bland complied with Brian Encinia’s request for identification.
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34. On or about July 10, 2015, Sandra Bland identified herself by providing her identification in response to Brian Encinia’s request for the same.
35. On or about July 10, 2015, during the traffic stop, while Sandra Bland was lawfully in her vehicle, Brian Encinia asked Sandra Bland to extinguish or put out her cigarette.
36. On or about July 10, 2015, Sandra Bland inquired of Brian Encinia "I'm in my car, why do I have to put my cigarette out?"
37. On or about July 10, 2015, Sandra Bland did extinguish or put out her cigarette.
38. On or about July 10, 2015, Brian Encinia opened the door of Sandra Bland’s Hyundai Azera.
39. On or about July 10, 2015, Brian Encinia ordered Sandra Bland to exit her vehicle.
40. On or about July 10, 2015, during the traffic stop for a lane change violation, Brian Encinia attempted to physically remove Sandra Bland from her vehicle.
41. On or about July 10, 2015, during the traffic stop Brian Encinia pointed a Taser at Sandra Bland as she sat in her vehicle.
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42. On or about July 10, 2015, during the traffic stop Brian Encinia threatened Sandra Bland with bodily injury by pointing the Taser at her and saying words to the effect of "I’ll light you up."
43. On or about July 10, 2015, Brian Encinia used force and/or a threat of force to remove Sandra Brown from her vehicle.
44. On or about July 10, 2015, Brian Encinia placed handcuffs on Sandra Bland placing her under arrest.
45. On or about July 10, 2015, Brian Encinia wrestled Sandra Bland to the ground.
46. On or about July 10, 2015, Brian Encinia slammed Sandra Bland’s head to the ground.
47. On or about July 10, 2015, Brian Encinia kneeled on the body of Sandra Bland.
48. On or about July 10, 2015, Brian Encinia falsified an allegation of assault on a public servant against Sandra Bland for purposes of arresting her and taking her into custody.
49. On or about July 10, 2015, Sandra Bland was searched and no weapons, illicit drugs, or contraband were located.
50. On or about July 10, 2015, Sandra Bland’s vehicle was searched and no weapons, illicit drugs, or contraband were located.
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51. On or about July 10, 2015, Brian Encinia falsely claimed and asserted that after pulling over Sandra Bland’s Hyundai Azera for failing to signal a lane change, "I had Bland exit the vehicle to further conduct a safe traffic investigation. Bland became combative and uncooperative. Numerous commands were given to Bland ordering her to exit the vehicle. Bland was removed from the car but became more combative. Bland was placed in handcuffs for officer safety."
52. On or about July 10, 2015, a Prairie View Police Officer also responded to the scene and provided assistance.
53. On or about July 10, 2015, Waller County EMS was also called to the scene.
54. On or about July 10, 2015, Sandra Bland was then processed and jailed in the Waller County Jail operated by Sheriff R. Glenn Dormic Smith, Chief Jailer J. Hester, and Assistant Chief Jailer L. Lanny Thibodeaux. Defendants knew that there were not cameras inside of Sandra Bland’s cell and that they could not see into her cell without physically walking to her cell.
55. On or about July 10, 2015, personnel at the Waller County Jail were required to search Sandra Bland for weapons, illicit drugs, or contraband.
56. On or about July 10, 2015, personnel at the Waller County Jail searched Sandra Bland and found no weapons, illicit drugs, or contraband.
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57. On or about July 10, 2015, and at all times relevant through July 13, 2015, personnel at Waller County Jail were required to keep Sandra Bland safe and free from psychological injury or harm.
58. On or about July 10, 2015 and all times relevant through July 13, 2015, personnel and officers at Waller County Jail, were required and obligated (and knew of this requirement) to physically and visually check on inmates every 60 minutes and every 30 minutes for those who, such as Bland, indicated that they are a suicide risk due to their psychological and/or emotional state
59. Despite their knowledge of this duty and the knowledge that there were no surveillance devices that enabled them to see into Sandra Bland’s cell, Defendants failed to meet this requirement and conducted the required face-to-face inspections.
60. On or about July 10, 2015, and at all times relevant through July 13, 2015, personnel at Waller County Jail were required to screen and evaluate Sandra Bland on an ongoing basis.
61. On or about July 10, 2015, and at all times relevant through July 13, 2015, Waller County was required to train its jail personnel on the method and means of evaluating persons placed in custody to keep them safe from physical or psychological injury, harm, or death.
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62. On or about July 10, 2015, and at all times relevant, personnel at Waller County Jail were required to screen and evaluate the mental status of persons placed in custody.
63. On or about July 10, 2015, Waller County Jail personnel Oscar Prudente was a screening officer responsible for screening Sandra Bland.
64. On or about July 10, 2015, Waller County Jail personnel Elsa Magnus, Badge #EM3679, was a screening officer responsible for screening Sandra Bland.
65. On or about July 10, 2015, Sandra Bland complied with the requests of the Waller County Jail personnel during their screening and evaluation of her.
66. On or about July 10, 2015, a suicide assessment was performed on Sandra Bland.
67. On or about July 10, 2015, Waller County Jail personnel claim that Sandra Bland informed them that she previously attempted to commit suicide.
68. On or about July 10, 2015 to July 13, 2015, and at all times relevant, Waller County Jail personnel placed Sandra Bland in a jail cell alone.
69. On or about July 10, 2015, Waller County Jail personnel placed Sandra Bland in a jail cell with a variety of inappropriate items for a jail cell, including a large garbage can, garbage bags, exposed beams, cords, and other items.
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70. On or about July 10 to July 13, 2015, jail personnel failed to appropriately respond when Sandra Bland did not eat the meals provided to her.
71. On or about July 10 to July 13, 2015, jail personnel failed to appropriately respond when Sandra Bland had bouts of uncontrollable crying.
72. On or about July 10 to July 13, 2015, Waller County Jail personnel claim that no other persons entered the jail cell with Sandra Bland.
73. On or about July 11, 2015, Sandra Bland was permitted to make some telephone calls.
74. On or about July 12 to July 13, 2015, at various points in time, Sandra Bland was not permitted to make attempts to contact family and friends by telephone.
75. On or about July 13, 2015, Waller County Jail personnel claim that Sandra Bland was found in her cell with a ligature made of a garbage bag around her neck.
76. On or about July 13, 2015, Waller County Jail personnel claim that Sandra Bland was provided medical treatment.
77. On or about July 13, 2015, Defendants including Marianne Williams and Randy Lewis failed to timely and appropriately administer CPR and other lifesaving treatment.
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78. On or about July 13, 2015, Defendants including Marianne Williams and Randy Lewis failed to timely request life-saving medical treatment.
79. On or about July 13, 2015, , Defendants including Marianne Williams and Randy Lewis failed to timely transport Sandra Bland for the administration of timely and appropriate life-saving medical treatment.
80. On or about July 13, 2015, Sandra Bland died while under the custody and control of Waller County Jail.
81. On or about July 13, 2015, Sandra Bland was survived by her mother, Geneva Reed-Veal, and her sisters Shante Needham, Sharon Cooper, Shavon Bland, and Sienna Cole.
82. Each of the Defendants caused, and is responsible for, the unlawful conduct described herein, and resulting injuries by, among other things, personally participating in the unlawful conduct, acts or omissions, or acting jointly with the others who did so; by authorizing, acquiescing in or setting into motion policies, practices, plans or actions that led to the unlawful conduct; by failing and refusing with deliberate indifference to Sandra Bland’s rights, to initiate and maintain adequate training and supervision; and by ratifying the unlawful conduct that occurred by agents and officers under their discretion and control, including failing to take remedial or disciplinary action.
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83. The Defendants each acted under color of law and deprived Sandra Bland of her constitutional rights, including her right to be free from excessive and unreasonable force in violation of the Fourth Amendment and pursuant to 42 U.S.C. § 1983.
84. Defendants were deliberately indifferent to protecting Sandra Bland from harm and failed to prevent said harm, further failed to provide urgently needed medical care and their conduct was unreasonable in failing to protect Sandra Bland from harm.
ADDITIONAL FACTS RELATED TO WALLER COUNTY AND WALLER COUNTY JAIL
85. The Texas Administrative Code provides rules and regulations required under the Texas Commission on Jail Standards that must be followed by each Texas public safety correctional facility and jail. Texas Administrative Code Title 37, Part 9 directed Defendant Waller County, Waller County Jail and its staff, employees and agents to follow several statutory requirements in their care, custody and treatment of Sandra Bland, including but not limited to:
a. Having an established procedure for documented, face-to-face observation of all inmates by jailers no less than once every 60 minutes and at least every 30 minutes in areas where inmates were known to be
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potentially suicidal – (closed circuit television may not be used in lieu of required personal observation);
b. Assigning hash tags which identify inmates as having special mental health needs in the inmate’s medical records and bringing this to the attention of health personnel and/or the supervisor on duty;
c. Developing and implementing a suicide prevention plan which addresses the following principles and procedures:
i. Provisions for staff training (including frequency and duration) on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled and/or potentially suicidal – supplemental training should be provided to those staff members responsible for intake screening (such as Defendants Elsa Magnus and Oscar Prudente);
ii. Procedure for intake screening to identify inmates who are known to be or observed to be mentally disabled and/or potentially suicidal and procedures for referrals to available mental health officials;
iii. Procedures for communication of information relating to inmates who are mentally disabled and/or potentially suicidal;
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iv. Provisions for adequate supervision of inmates who are mentally disabled and/or potentially suicidal and procedures for documenting supervision; and
v. Procedures for staff intervention prior to the occurrence of a suicide and during the progress of a suicide attempt, or serious deterioration of mental condition. d. Developing and implementing an objective classification plan that includes principles, procedures, instruments and explanations for classification assessments, housing assignments, reassessments and inmate needs. 86. During all relevant times Defendants were aware of and responsible for complying with the aforementioned rules. Despite Defendants’ knowledge of this duty and obligation, personnel, agents, and employees at Waller County Jail deliberately abdicated their responsibilities for the safety, security, and welfare of detainees and instead made a mockery of the so-called security rounds by failing to comply with the required timely physical and visual checks, and by knowing that the well being of an individual could not possibly be determined through a procedure that ignored the required personal observations of the detainees. 87. During all relevant times, although Defendants knew that Sandra Bland had recently threatened suicide, that she should have been placed in a mental
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health high risk status, should have been provided medical care, and that she was exhibiting signs and symptoms of distress and hopelessness; they failed to provide her any medical treatment or even physically observe her for long periods.
88. During all relevant times, despite Defendants’ knowledge that Sandra Bland struggled with medical issues, including having previously threatened suicide, they were deliberately indifferent to her high risk of suicide.
89. During all relevant times, Defendants, with specific notice of Sandra Bland’s ongoing medical issues, specifically including her risk of suicide, failed to offer or procure appropriate intervention and failed to ensure that she received the medical attention she needed for her serious, immediate and life threatening condition.
Count I Brian Encinia – 42 U.S.C. § 1983, Excessive Force, and False
Arrest/Imprisonment Plaintiff re-alleges Paragraphs 1-89 of the Complaint.
90. Prior to July 10, 2015, Defendant Brian Encinia was reprimanded for unprofessional conduct.
91. Prior to July 10, 2015, Texas Department of Public Safety knew or should have known that Defendant Brian Encinia exhibited a pattern of escalating encounters with the public.
92. On July 10, 2015, Defendant Brian Encinia acted under color of law.
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93. Sandra Bland was in a special relationship with the Defendant, within the meaning of the case law interpreting 42 U.S.C. § 1983 and the Constitution, which guarantees equal protection of the laws and prohibits any person acting under color of federal law, from subjecting any person under custody to punitive conditions of confinement without due process of law.
94. Defendant, acting under color of law and within the scope of his responsibilities or employment and authority, intentionally and with conscious, callous, deliberate and unreasonably indifference deprived Sandra Bland of her constitutional rights.
95. The Defendant’s above and below described conduct, acts and/or omissions constitute deliberate indifference to Sandra Bland’s medical and psychological needs, was unreasonable and violated her rights under the Fourth Amendment to the United States Constitution and violated 42 U.S.C. § 1983.
96. The above-described acts and omissions by Defendant Brian Encinia demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
97. As a result of Defendant Brian Encinia’s violations of Sandra Bland’s constitutional rights, Sandra Bland suffered substantial injuries, including but not limited to physical injury, pain and suffering, mental anguish, damages and, ultimately, death.
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98. Sandra Bland exercised her rights, or attempted to do so, under the United States Constitution.
99. Defendant Brian Encinia deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
100. In the events alleged above, Defendant Brian Encinia acted contrary to law, and intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
101. In the events alleged above, Defendant Brian Encinia acted under color of law and deprived Sandra Bland of her constitutional rights, including her right to be free from excessive and unreasonable force in violation of the provisions of the Fourth Amendment
102. As a direct and proximate result of the foregoing, Defendant Brian Encinia, individually and as an agent and/or employee of Texas Department of Public Safety, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and Defendant Brian Encinia caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
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103. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
104. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother, Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count II Elsa Magnus – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 105. On July 10, 2015, Defendant Elsa Magnus acted under color of law. 106. In the events alleged above, Defendant Elsa Magnus acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 107. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 108. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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109. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
110. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
111. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
112. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
113. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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114. As a direct and proximate result of the foregoing, Defendant Elsa Magnus individually and as an agent and/or employee of Defendant Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
115. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
116. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count III Elsa Magnus – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 117. On July 10, 2015, Defendant Elsa Magnus acted under color of law. 118. In the events alleged above, Defendant Elsa Magnus acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived
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Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
119. The above-described acts and omissions by Defendant Elsa Magnus demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
120. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
121. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
122. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, were negligent, willful, wanton and recklessly exhibited a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
123. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
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124. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
125. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
126. As a direct and proximate result of the foregoing, Defendant Elsa Magnus, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
127. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
128. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
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Count IV Oscar Prudente – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 129. On July 10, 2015, Defendant Oscar Prudente acted under color of law. 130. In the events alleged above, Defendant, Oscar Prudente, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 131. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 132. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody. 133. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure. 134. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and
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reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
135. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
136. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
137. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
138. As a direct and proximate result of the foregoing, Defendant Oscar Prudente, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
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139. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
140. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count V Oscar Prudente – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 141. On July 10, 2015, Defendant Oscar Prudente acted under color of law. 142. In the events alleged above, Defendant Oscar Prudente acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 143. The above-described acts and omissions by Defendant Oscar Prudente demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 144. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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145. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
146. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
147. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
148. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
149. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Oscar Prudente, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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150. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Oscar Prudente, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
151. Defendant Waller County, by and through its agent and/or employee, Defendant Oscar Prudente, violated 42 U.S.C. § 1983 in that Oscar Prudente’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
152. As a direct and proximate result of the foregoing, Defendant Oscar Prudente, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
153. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
154. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all
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rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count VI Waller County – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 155. On July 10, 2015, Defendant Elsa Magnus was an agent and/or employee of Waller County through her employment at the Waller County Sheriff’s Office. 156. On July 10, 2015, Defendant Oscar Prudente was an agent and/or employee of Waller County through his employment at the Waller County Sheriff’s Office. 157. In the events alleged above, Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others, acted contrary to law, and negligently, intentionally and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983 in a willful and wanton fashion. 158. The above-described acts and omissions by Defendants demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
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159. On or about July 10 to July 13, 2015, Waller County Jail personnel were inadequately trained on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled, and/or potentially suicidal, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
160. On or about July 10 to July 13, 2015, Waller County Jail facilities failed to have an established procedure for visual, face-to-face observation of all inmates by jailers no less than once every 60 minutes and at least every 30 minutes when an inmate is known to be potentially suicidal, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8.
161. As a result of the violation of Sandra Bland’s constitutional rights by Waller County Sheriff’s Office agents and/or employees Defendant Elsa Magnus, Defendant Oscar Prudente, and others, Sandra Bland suffered substantial injuries, damages and, ultimately, death.
162. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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163. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
164. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, negligent, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
165. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
166. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Elsa Magnus, Oscar Prudente, and others were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
167. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Elsa Magnus, Defendant Oscar Prudente, and others,
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did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
168. Defendant Waller County, by and through its agents and/or employees, Defendant Elsa Magnus, Defendant Oscar Prudente, and others deprived Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
169. As a direct and proximate result of the foregoing, Defendant Waller County, by and through its agents and or employees, including Defendant Elsa Magnus, Defendant Oscar Prudente, and others, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
170. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
171. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
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Count VII Waller County §1983 and 1988/Monnell Policy Claim Plaintiff re-alleges paragraphs 1-89. 172. The actions of the Defendants, which resulted in Sandra Bland’s death, were done pursuant to one or more interrelated de facto as well as explicit policies, practices and/or customs of the Defendant, Waller County, their correction department, their Boards, their Personnel Division, their agents, and/or its officials. 173. Defendant Waller County, acting at the level of official policy, practice, and custom, with deliberate, callous, conscious and unreasonable indifference to Sandra Bland’s constitutional rights, authorized, tolerated, and institutionalized the practices and ratified the illegal conduct herein detailed, and at all times material to this Complaint the Defendant Waller County, its corrections department, its Boards, its Personnel Divisions, its agents and/or officials had interrelated de facto policies, practices, and customs which include, inter alia: a. Ignoring the threat of suicide in Sandra Bland’s booking documents and during the pre-classification and classification process within the Waller County Jail; b. Failing to develop, implement, and/or utilize a suicide prevention plan in accordance with Texas Administrative Code Title 37, Part 9, Rule § 273.5,
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including but not limited to training jail staff on procedures for recognition, supervision, documentation, and handling of inmates who are potentially suicidal (and directs that supplemental training should be provided to the jail staff members who are responsible for intake screening), training jail staff on procedures for identification of suicidal tendencies or risk, training jail staff on communication with inmates on mental health and suicidal risks, and training jail staff on adequate supervision for suicidal inmates;
c. Failing to conduct visual, face-to-face observation of all inmates by jailers no less than once every 60 minutes and at least every 30 minutes when an inmate is known to be potentially suicidal, in violation of 37 Texas Administrative Code Part 9, Section 273.5(a)(1), Chapter 351 of the Texas Local Government Code, Chapter 511 of the Texas Government Code, and 37 Texas Administrative Code Part 9, section 297.8;
d. Failing to maintain and keep up the structural conditions of the facility and maintain the necessary equipment in order to allow corrections officials to
personally observe detainees at least every 30 minutes as required by law; e. Failing to provide adequate staffing or other reasonable means to
allow corrections officials to personally observe detainees at least every 30 minutes as required by law;
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f. Despite mandatory monitoring and observation requirements regarding all prisoners, especially with respect to suicidal and potentially suicidal prisoners, including Sandra Bland, failing to adequately staff the Waller County jail or adequately train the staff so as to comply with the procedures for continuous monitoring, supervising, and observing prisoners, including suicidal and potentially suicidal prisoners, and thereby ensure that said requirements would be followed;
g. Failing to staff the Jail with sufficient officers to ensure compliance with their duty to reasonably and adequately identify and protect inmates with serious medical needs, including Sandra Bland, from the serious and foreseeable risk of suicide within Waller County Jail;
h. Failing to address and ignoring threats of suicide; i. Failing to sufficiently staff the jail or train the staff so as to ensure that when an inmate, like Sandra Bland, took active steps to commit suicide by hanging herself, the staff and jail would be adequately prepared to immediately address the situation and provide any necessary medical attention. j. Failing to properly train, supervise, discipline, transfer, monitor, counsel and otherwise control corrections officials; k. Failing to appropriately and timely identify serious mental health conditions and needs of detainees like Sandra Bland;
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l. Failing to appropriately recognize suicidal tendencies in detainees, like Sandra Bland, despite clear indications of such tendencies;
m. Failing to timely refer detainees like Sandra Bland for appropriate mental health medical services, despite clear indications of serious need;
n. Failing to place detainees like Sandra Bland on suicide watch even though known to be suicidal;
o. Failing and refusing to adequately and timely communicate critical information regarding mental health to health care providers;
p. Failing and refusing to take adequate preventative measures upon discovery of suicidal tendencies of detainees like Sandra Bland;
q. Failing and refusing to correct, discipline, and follow up on definiteness noted in care, treatment, and/or supervision of detainees; and/or
r. Possessing knowledge of deficiencies in the policies, practices, customs, and procedures concerning detainees, and approving and/or deliberately turning a blind eye to those deficiencies.
174. All of the policies set forth above were adopted, implemented, supplemented, reinforced, promulgated, and effected, as a further matter of custom, practice, and policy, also a driving force in Sandra Bland’s suicide, by means of the failure of Defendant WALLER COUNTY to hire, train discipline and supervise Waller County Jail staff, in accordance with the following principles:
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a. That there be an immediate, urgent, predictable, consistent and mandatory response to any sign or evidence of a recognizable and significant likelihood of suicide by any prisoner at that jail;
b. That when, as here, there is an immediate and recognizable likelihood of suicide or actual steps taken, immediate and urgent steps must be taken to prevent the suicide;
c. That threats of suicide must be addressed consistently and predictable so that none could be ignored, disregarded, or responded to in a delayed or deleterious manner by Waller County Jail staff, including but not limited to Defendants ELSA MAGNUS and OSCAR PRUDENTE.
175. In particular, correctional officers and other employees are not properly trained in how to take, screen, identify, refer and/or handle detainees with mental health issues, including persons with suicidal tendencies or ideations to avoid exacerbation of their symptoms and to manage and control the mental and physical health of detainees and to prevent them from taking their own lives.
176. Said interrelated policies, practices and customs, as set forth above, both individually and together, were maintained and implemented with deliberate indifference and unreasonable; and encouraged, inter alia, the failure to adequately observe detainees to identify problematic behavior and interrupt any suicide
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attempt, the failure to adequately screen detainees for mental health status and suicidal tendencies, the failure to provide preventative health care to avoid suicide, and the failure to provide adequate resuscitation equipment and training.
177. Further, the constitutional violations and damages to Sandra Bland as described herein were directly and proximately caused by: The unofficial and/or official, tacit and/or expressed; and otherwise unconstitutional policies of authorized policy makers of the Defendants, who deliberately ignored subjecting detainees to unreasonable risk of harm, deliberately ignored violations of appropriate intake and screening procedures, deliberately ignored and failed to rectify violations of appropriate personal observation procedures, and deliberately failed to supervise and control correctional officers so as to prevent violations of detainees’ rights.
178. Said interrelated policies, practices and customs, as set forth above, both individually and together, were maintained and implemented with deliberate indifference and unreasonably; and encouraged the Defendants to commit the aforesaid acts against Sandra Bland and therefore acted as direct and proximate causes of said constitutional violations, and resulting injuries.
179. The foregoing policies, practices, customs and omissions, maintained by Defendant Waller County violated Sandra Bland’s constitutional rights.
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Count VIII Rafael Zuniga – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 180. On July 10, 2015, Defendant Rafael Zuniga acted under color of law. 181. In the events alleged above, Defendant, Rafael Zuniga, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 182. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 183. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody. 184. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure. 185. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were willful, wanton, and
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reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
186. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
187. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
188. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
189. As a direct and proximate result of the foregoing, Defendant Rafael Zuniga, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
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190. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
191. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count IX Rafael Zuniga– Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 192. On July 10, 2015, Defendant Rafael Zuniga acted under color of law. 193. In the events alleged above, Defendant Rafael Zuniga acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 194. The above-described acts and omissions by Defendant Rafael Zuniga demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 195. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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196. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
197. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
198. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
199. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
200. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Rafael Zuniga, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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201. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Rafael Zuniga, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
202. Defendant Waller County, by and through its agent and/or employee, Defendant Rafael Zuniga, violated 42 U.S.C. § 1983 in that Rafael Zuniga’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
203. As a direct and proximate result of the foregoing, Defendant Rafael Zuniga, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
204. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
205. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all
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rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count X Michael Sergis – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 206. On July 10, 2015, Defendant Michael Sergis acted under color of law. 207. In the events alleged above, Defendant, Michael Sergis, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 208. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 209. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody. 210. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
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211. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
212. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
213. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
214. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
215. As a direct and proximate result of the foregoing, Defendant Michael Sergis, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general
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damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
216. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
217. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XI Michael Sergis– Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 218. On July 10, 2015, Defendant Michael Sergis acted under color of law. 219. In the events alleged above, Defendant Michael Sergis acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 220. The above-described acts and omissions by Defendant Michael Sergis demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
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221. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
222. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
223. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
224. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
225. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
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226. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Michael Sergis, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
227. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Michael Sergis, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
228. Defendant Waller County, by and through its agent and/or employee, Defendant Michael Sergis, violated 42 U.S.C. § 1983 in that Michael Sergis’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
229. As a direct and proximate result of the foregoing, Defendant Michael Sergis, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
230. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
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231. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XII Dormic Smith – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 232. On July 10, 2015, Defendant Dormic Smith acted under color of law. 233. In the events alleged above, Defendant, Dormic Smith, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 234. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 235. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody. 236. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were willful, wanton, and
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reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
237. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
238. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
239. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
240. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
241. As a direct and proximate result of the foregoing, Defendant Dormic Smith, individually and as an agent and/or employee of Waller County, deprived
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Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
242. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
243. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XIII Dormic Smith– Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 244. On July 10, 2015, Defendant Dormic Smith acted under color of law. 245. In the events alleged above, Defendant Dormic Smith acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
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246. The above-described acts and omissions by Defendant Dormic Smith demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
247. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
248. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
249. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
250. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
251. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, were negligent, willful,
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wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
252. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Dormic Smith, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
253. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Dormic Smith, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
254. Defendant Waller County, by and through its agent and/or employee, Defendant Dormic Smith, violated 42 U.S.C. § 1983 in that Dormic Smith’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
255. As a direct and proximate result of the foregoing, Defendant Dormic Smith, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
256. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the
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Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
257. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XIV Cynthia Whidden – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 258. On July 10, 2015, Defendant Cynthia Whidden acted under color of law. 259. In the events alleged above, Defendant, Cynthia Whidden, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 260. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 261. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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262. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
263. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
264. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
265. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
266. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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267. As a direct and proximate result of the foregoing, Defendant Cynthia Whidden, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
268. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
269. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XV Cynthia Whidden – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 270. On July 10, 2015, Defendant Cynthia Whidden acted under color of law. 271. In the events alleged above, Defendant Cynthia Whidden acted contrary to law, and negligently, intentionally, willfully, wantonly, and
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unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
272. The above-described acts and omissions by Defendant Cynthia Whidden demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
273. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
274. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
275. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
276. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
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277. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
278. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Cynthia Whidden, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
279. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Cynthia Whidden, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
280. Defendant Waller County, by and through its agent and/or employee, Defendant Cynthia Whidden, violated 42 U.S.C. § 1983 in that Cynthia Whidden’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
281. As a direct and proximate result of the foregoing, Defendant Cynthia Whidden, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
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282. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
283. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XVI Marc Langdon – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 284. On July 10, 2015, Defendant Marc Langdon acted under color of law. 285. In the events alleged above, Defendant, Marc Langdon, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 286. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
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287. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
288. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
289. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
290. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
291. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
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292. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
293. As a direct and proximate result of the foregoing, Defendant Marc Langdon, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
294. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
295. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XVII Marc Langdon – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 296. On July 10, 2015, Defendant Marc Langdon acted under color of law.
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297. In the events alleged above, Defendant Marc Langdon acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
298. The above-described acts and omissions by Defendant Marc Langdon demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
299. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
300. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
301. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
302. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra
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Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
303. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
304. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marc Langdon, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
305. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Marc Langdon, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
306. Defendant Waller County, by and through its agent and/or employee, Defendant Marc Langdon, violated 42 U.S.C. § 1983 in that Marc Langdon’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
307. As a direct and proximate result of the foregoing, Defendant Marc Langdon, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the
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general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
308. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
309. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XVIII Lt. Sherry Rochen – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 310. On July 10, 2015, Defendant Lt. Sherry Rochen acted under color of law. 311. In the events alleged above, Defendant, Lt. Sherry Rochen, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
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312. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
313. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
314. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
315. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
316. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
317. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were willful, wanton,
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and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
318. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
319. As a direct and proximate result of the foregoing, Defendant Lt. Sherry Rochen, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
320. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
321. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XIX Lt. Sherry Rochen – Negligence
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Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 322. On July 10, 2015, Defendant Lt. Sherry Rochen acted under color of
law. 323. In the events alleged above, Defendant Lt. Sherry Rochen acted
contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
324. The above-described acts and omissions by Defendant Lt. Sherry Rochen demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
325. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
326. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
327. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
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328. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
329. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
330. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Lt. Sherry Rochen, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
331. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Lt. Sherry Rochen, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
332. Defendant Waller County, by and through its agent and/or employee, Defendant Lt. Sherry Rochen, violated 42 U.S.C. § 1983 in that Lt. Sherry Rochen’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
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333. As a direct and proximate result of the foregoing, Defendant Lt. Sherry Rochen, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
334. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
335. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XX Asst. Chief Lanny Thibodeaux – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 336. On July 10, 2015, Defendant Asst. Chief Lanny Thibodeaux acted under color of law.
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337. In the events alleged above, Defendant, Asst. Chief Lanny Thibodeaux, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
338. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
339. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
340. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
341. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
342. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of
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Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
343. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
344. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
345. As a direct and proximate result of the foregoing, Defendant Asst. Chief Lanny Thibodeaux, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
346. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
347. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all
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rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XXI Asst. Chief Lanny Thibodeaux – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 348. On July 10, 2015, Defendant Asst. Chief Lanny Thibodeaux acted under color of law. 349. In the events alleged above, Defendant Asst. Chief Lanny Thibodeaux acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 350. The above-described acts and omissions by Defendant Asst. Chief Lanny Thibodeaux demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 351. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody. 352. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
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353. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
354. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
355. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
356. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Asst. Chief Lanny Thibodeaux, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
357. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Asst. Chief Lanny Thibodeaux, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
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358. Defendant Waller County, by and through its agent and/or employee, Defendant Asst. Chief Lanny Thibodeaux, violated 42 U.S.C. § 1983 in that Asst. Chief Lanny Thibodeaux’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
359. As a direct and proximate result of the foregoing, Defendant Asst. Chief Lanny Thibodeaux, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
360. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
361. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XXII Matthew Mills – 42 U.S.C. § 1983
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Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 362. On July 10, 2015, Defendant Matthew Mills acted under color of law. 363. In the events alleged above, Defendant, Matthew Mills, acted contrary
to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
364. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
365. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
366. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
367. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
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368. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
369. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
370. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
371. As a direct and proximate result of the foregoing, Defendant Matthew Mills, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
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372. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
373. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XXIII Matthew Mills – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 374. On July 10, 2015, Defendant Matthew Mills acted under color of law. 375. In the events alleged above, Defendant Matthew Mills acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 376. The above-described acts and omissions by Defendant Matthew Mills demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 377. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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378. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
379. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
380. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
381. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
382. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Matthew Mills, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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383. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Matthew Mills, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
384. Defendant Waller County, by and through its agent and/or employee, Defendant Matthew Mills, violated 42 U.S.C. § 1983 in that Matthew Mills’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
385. As a direct and proximate result of the foregoing, Defendant Matthew Mills, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
386. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
387. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all
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rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XXIV Marianne Williams – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 388. On July 10, 2015, Defendant Marianne Williams acted under color of law. 389. In the events alleged above, Defendant, Marianne Williams, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 390. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 391. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody. 392. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
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393. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
394. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
395. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
396. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
397. As a direct and proximate result of the foregoing, Defendant Marianne Williams, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the
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general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
398. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
399. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XXV Marianne Williams – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 400. On July 10, 2015, Defendant Marianne Williams acted under color of law. 401. In the events alleged above, Defendant Marianne Williams acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
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402. The above-described acts and omissions by Defendant Marianne Williams demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
403. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
404. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
405. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
406. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
407. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, were negligent, willful,
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wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
408. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Marianne Williams, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
409. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Marianne Williams, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
410. Defendant Waller County, by and through its agent and/or employee, Defendant Marianne Williams, violated 42 U.S.C. § 1983 in that Marianne Williams’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
411. As a direct and proximate result of the foregoing, Defendant Marianne Williams, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
412. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the
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Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
413. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XXVI Randy Lewis – 42 U.S.C. § 1983 Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 414. On July 10, 2015, Defendant Randy Lewis acted under color of law. 415. In the events alleged above, Defendant, Randy Lewis, acted contrary to law, and intentionally, willfully, wantonly and unreasonably deprived Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983. 416. The above-described acts and omissions by Defendant demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland. 417. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
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418. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
419. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
420. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
421. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
422. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
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423. As a direct and proximate result of the foregoing, Defendant Randy Lewis, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
424. The claims and causes of action for injuries to the health, reputation, and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021.
425. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Count XXVII Randy Lewis – Negligence Plaintiff re-alleges Paragraphs 1-89 of the Complaint. 426. On July 10, 2015, Defendant Randy Lewis acted under color of law. 427. In the events alleged above, Defendant Randy Lewis acted contrary to law, and negligently, intentionally, willfully, wantonly, and unreasonably deprived
93

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Sandra Bland of her rights, privileges, and immunities secured by the U.S. Constitution and 42 U.S.C. § 1983.
428. The above-described acts and omissions by Defendant Randy Lewis demonstrated a negligent and even deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.
429. On or about July 10 to July 13, 2015, at various points in time, Sandra Bland was not adequately monitored while in custody.
430. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were negligent, willful, wanton, and reckless in failing to provide adequate monitoring of Sandra Bland to keep her safe and secure.
431. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her free from injury, harm, and death.
432. On or about July 10 to 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were negligent, willful, wanton, and reckless in exhibiting a conscious disregard for the safety of Sandra Bland in failing to keep her in a safe and suitable environment where she could be kept free from injury, harm, and death.
94

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433. On or about July 10 to July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, were negligent, willful, wanton, and reckless in not providing adequate medical care and attention to Sandra Bland when she was found injured in her cell.
434. On or about July 13, 2015, Waller County Jail personnel, including but not limited to Defendant Randy Lewis, did not attempt to transport Sandra Bland to a medical facility to be seen by a physician.
435. Defendant, Waller County Sheriff’s Office, by and through its agent and/or employee, Randy Lewis, deprived Defendant Sandra Bland of her rights guaranteed by the United States Constitution and federal statutes.
436. Defendant Waller County, by and through its agent and/or employee, Defendant Randy Lewis, violated 42 U.S.C. § 1983 in that Randy Lewis’s conduct operated to deprive Sandra Bland of her rights guaranteed by the United States Constitution.
437. As a direct and proximate result of the foregoing, Defendant Randy Lewis, individually and as an agent and/or employee of Waller County, deprived Sandra Bland of her rights and privileges as a citizen of the United States, and caused Sandra Bland to suffer injury and death, of which has caused the general damages requested by Plaintiff in an amount in excess of the applicable jurisdictional amount, to be proven at trial.
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438. The claims and causes of action for injuries to the health, reputation and person sustained by Sandra Bland are brought in this action pursuant to the Survival Act, Texas Civil Practice and Remedies Code section 71.021, Survival Causes of Action.
439. The claims and causes of action for the wrongful death of Sandra Bland are brought by her mother Geneva Reed-Veal on behalf of herself and all rightful heirs, pursuant to Texas Civil Practice and Remedies Code sections 71.002-004.
Damages 440. Defendants are jointly and severally liable for the wrongs complained of herein, either by virtue of direct participation or by virtue of encouraging, aiding, abetting, committing, and/or ratifying and condoning the commission of the above described acts and/or omissions. 441. Plaintiff and Plaintiff’s Decedent suffered compensatory, special, and punitive damages for the following: a. Extreme mental anguish and emotional distress as a result of being falsely arrested, physically assaulted, and battered by Defendant Brian Encinia; b. Extreme physical abuse, mental anguish and emotional distress as a result of the intentional infliction of emotional distress to which Defendant Brian Encinia subjected Plaintiff;
96

Case 4:15-cv-02232 Document 63 Filed in TXSD on 01/19/16 Page 97 of 99
c. Violation of Plaintiff's civil rights by Defendants Brian Encinia, Texas Department of Public Safety, Waller County, Elsa Magnus, and Oscar Prudente; and
d. Punitive damages for egregious acts and omissions of Defendants Brian Encinia, Texas Department of Public Safety, Waller County, Elsa Magnus, and Oscar Prudente.
442. Plaintiff is entitled to attorney’s fees for litigation of this matter. 443. Plaintiff requests and is entitled to a trial by jury.
Prayer for Relief Geneva Reed-Veal, as Mother and Personal Representative of the estate of Sandra Bland, deceased, prays that for judgment on her behalf and against all defendants jointly, severally, and in solido, as follows: a. Compensatory, special, and punitive damages; b. The cost of this action and reasonable attorney fees as provided by 42
U.S.C. § 1983; c. Judicial interest from date of judicial demand; d. Trial by jury; and Such further relief as this Court deems just and
equitable.
Respectfully Submitted,
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/s/ Cannon Lambert, Sr. Counsel for Plaintiff Cannon Lambert, Sr. Illinois Bar # 6237503 Federal Bar # 6237503 cannon@karchmarlambert.com Karchmar & Lambert, P.C. 211 W. Wacker Drive Suite 1400 Chicago, IL 60606 Telephone: 312-977-1300 Facsimile: 312.236.0920
Larry R. Rogers, Jr. Counsel for Plaintiff Illinois Bar # 6220743 Federal Bar # 6220743 lrogersjr@prslaw.com Power Rogers & Smith PC 70 W. Madison St. # 5500 Chicago, IL 60602 Telephone: (312) 313-0202 Facsimile: (312) 977-1999
Jesse Thomas Rhodes, III Attorney in Charge Texas Bar #16820050 Federal Bar #17613 trhodes@tomrhodeslaw.com Robert E. Brzezinski Texas Bar #00783743 Federal Bar #17609 brzez@tomrhodeslaw.com Wayne Colodny Texas Bar # 04626440
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Case 4:15-cv-02232 Document 63 Filed in TXSD on 01/19/16 Page 99 of 99
Federal Bar #4598395 wcolodny@tomrhodeslaw.com Counsel for Plaintiff TOM RHODES LAW FIRM, P.C. 126 Villita Street San Antonio, Texas 78205 Telephone: (210) 225-5251 Facsimile: (210) 225-6545
99

 
 Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Page 1 of 10
United States District Court Southern District of Texas
ENTERED
April 21, 2016
David J. Bradley, Clerk

GENEVA REED-VEAL, Plaintiff,
v. BRIAN ENCINIA, et al.,
Defendants.

§

§

§

§

§

Civil Action No. H-15-2232

§

§

§

§

ORDER Pending before the Court is Defendant Encinia and the Texas Department of

Public Safety's Opposed Motion to Stay (Document No. 53). Having considered

the motion, submissions, arguments of counsel in open court, and applicable law,

the Court determines the motion should be granted in part and denied in part as

stated herein.

I. BACKGROUND

This is a§ 1983 civil rights case. On July 10, 2015, Sandra Bland ("Bland")

was pulled over by Defendant State Trooper Brian Encinia ("Encinia") for failure

to signal. Although the parties dispute why and how the stop escalated, Encinia

eventually arrested Bland. From July 10, 2015, until July 13, 2015, Bland was

incarcerated in a jail operated by Defendant Waller County, Texas ("Waller

County"). On July 13, 2015, Bland died while in custody. On August 4, 2015,

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 2 of 10
Plaintiff Geneva Reed-Veal ("Plaintiff'), Bland's mother, filed suit in this Court.
The remaining Defendants are Brian Encinia, Waller County, and the following
Waller County employees: Elsa Magnus, Oscar Prudente, Rafael Zuniga, Michael
Sergis, Dormic Smith, Cynthia Whidden, Marc Langdon, Sherry Rochen, Lanny
Thibodeaux, Matther Mills, Marianne Williams, and Randy Lewis (collectively
with Waller County, the "Waller County Defendants").
On January 6, 2016, the Waller County Grand Jury returned a misdemeanor
indictment against Encinia for perjury. Specifically, the indictment stated that
Encinia:
"with intent to deceive and with knowledge of the statements meaning, make a false statement under oath, namely that [Encinia] had Sandra Bland exit the vehicle to further conduct a safe traffic investigation, such sworn statement being then and there required by law to be made under oath, while [Encinia] was then and there under oath such false statement being false in that [Encinia] removed Sandra Bland from her vehicle because he was angry she would not put out her cigarette and such false sworn statement was made on an Affidavit and Complaint for Warrant of Arrest and Detention of Sandra Bland. 1 On January 8, 2016, Encinia and the Texas Department of Public Safety ("TDPS")2
filed the present motion to stay based upon the Younger abstention doctrine,
contending the Court should stay this civil suit until the conclusion of Encinia's
1 Defendant Encinia and the Texas Department ofPublic Safety's Opposed Motion to Stay, Document No. 53, Exhibit 1 at 1 (Indictment).
2 TDPS is no longer a named defendant in this suit pursuant to the Third Amended Complaint (Document No. 63).
2

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 3 of 10
criminal case. The Court found Younger did not apply to this case, and instead ordered further briefing to determine whether the Court should stay the case under its discretionary powers.3
II. LAW & ANALYSIS A federal court, in its discretion, may stay a civil action when a parallel criminal action is pending if justice so requires. Ntakirutimana v. CHS/Cmty. Health Sys., Inc., No. 5:09-cv-114, 2010 WL 3810007, at* 1 (S.D. Tex. Sept. 27, 2010) (Alvarez, J.) (citing U.S. v. Kordel, 397 U.S. 1, 12 n.27 (1970)). "There is no general federal constitutional, statutory, or common law rule prohibiting simultaneous, parallel civil and criminal actions" brought by different federal agencies or individual plaintiffs "against the same defendant involving the same transactions." Id. (citing SEC v. First Fin. Grp. ofTex., Inc., 659 F.2d 660, 666-67 (5th Cir. 1981) (internal quotation marks omitted)). "[I]t is the rule, rather than the exception that civil and criminal cases proceed together." Alcala v. Tex. Webb Cty., 625 F. Supp. 2d 391, 397 (S.D. Tex. 2009) (Hacker, Mag.). However, a stay of the civil action may be appropriate under "special circumstances" to avoid one party suffering "substantial and irreparable prejudice." SEC, 659 F.2d at 668. "The granting of a stay of civil proceedings due to pending criminal investigation is an extraordinary remedy, not to be granted lightly." 3 See Order, Document No. 91.
3

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 4 of 10
United States v. Simcho, 326 F. App'x 791, 792-93 (5th Cir. 2009). "Judicial discretion and procedural flexibility should be utilized to harmonize the conflicting rules [in civil and criminal cases] and to prevent the rules and policies applicable to one suit from doing violence to those pertaining to the other." Campbell v. Eastland, 307 F.2d 478, 487 (5th Cir. 1962). To determine whether a stay is warranted and the scope of any stay, courts consider the following six factors:
( 1) the extent to which the issues in the criminal case overlap with those presented in the civil case; (2) the status of the criminal case, including whether the defendant has been indicted; (3) the private interests of the plaintiff in proceeding expeditiously, weighed against the prejudice to the plaintiff caused by a delay; (4) the private interests of and burden on the defendant; (5) the interests of the courts; and (6) the public interest. Ntakirutimana, 2010 WL 3810007, at *2 (citing Alcala, 625 F. Supp. at 398-99).4 The party who moves for a stay bears the burden to overcome the "presumption" that the civil case should proceed without one. /d. A. Factor One: Overlap ofIssues in Criminal Case and Civil Case Plaintiff contends the facts at issue in Encinia's indictment are much narrower than the facts alleged in her third amended complaint. Encinia contends there is substantial overlap between the allegations in the indictment and the complaint, and that moving forward without a stay would force him to choose
4 See also Cazaubon v. MR Precious Metals, LLC, No. 14-2241, 2015 WL 4937888, at *2 (E.D. La. Aug. 17, 2015) (Vance, J.) (applying six-factor test from Alcala).
4

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 5 of 10
between defending himself in the civil suit and waiving his Fifth Amendment rights. The overlap of issues in a criminal case and civil case is the most important factor in determining whether to grant a stay. Dominguez v. Hartford Fin. Servs. Grp., Inc., 530 F. Supp. 2d 902, 906-07 (S.D. Tex. 2008) (Hittner, J.). When evaluating this factor, courts should consider "whether, by allowing the civil case to continue, the defendant can effectively defend the civil lawsuit without being pressured into waiving his Fifth Amendment rights." Alcala, 625 F. Supp. at 401. "In determining whether issues are related, courts impose a 'common-sense, factbound analysis."' Cazaubon v. MR Precious Metals, LLC, No. 14-2241, 2015 WL 4937888, at *3 (E.D. La. Aug. 17, 2015) (Vance, J.) (quoting In re Ramu Corp., 903 F.3d 312,319 (5th Cir. 1990)).
The indictment, as quoted above, alleges Encinia made a false statement under oath when he explained his reasons for demanding that Bland exit her car during the traffic stop. In the third amended complaint, Plaintiff also alleges Encinia "falsely claimed" he had Bland exit the vehicle to "further conduct a safe traffic investigation."5 Although the allegations in the third amended complaint are based on Encinia's actions throughout and after the traffic stop, there is still sufficient overlap between the criminal and civil case such that it would be difficult for Encinia to effectively defend the civil lawsuit without being pressured into
5 Third Amended Complaint at Law and Jury Demand, Document No. 63, ~51.
5

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 6 of 10
waiving his Fifth Amendment rights. Accordingly, this factor weighs in favor of granting a stay as to Encinia. B. Factor Two: Status ofCriminal Case
Once a criminal indictment has been issued, there is a greater risk of selfincrimination, and therefore courts should '"strongly consider staying the civil proceeding until the related criminal proceedings are resolved."' Cazaubon, 2015 WL 4937888, at *3 (quoting Whitney Nat. Bank v. Air Ambulance ex rei. B & C Flight Mgmt., Inc., No. H-04-2220, 2007 WL 1468417, at *3 (S.D. Tex. May 18, 2007) (Rosenthal, J.)). Whether a civil case is pre or post-indictment also helps determine the degree of overlap. Alcala, 625 F. Supp. at 401. An indictment has been returned against Encinia. Accordingly, this factor weighs in favor of granting a stay as to Encinia. C. Factor Three: Private Interests ofPlaintiff
Plaintiffs have a "strong interest" in presenting their case "while they are still able to acquire reliable evidence." Ntakirutimana, 2010 WL 3810007, at *3. "With the passage of time, witnesses become unavailable, memories of conversations and dates fade, and documents can be lost or destroyed." !d. Encinia contends this factor is not at issue because the Texas Rangers have prepared a written report (the "Rangers Report") that protects the integrity of the relevant documents and includes witness statements that may be used to refresh witnesses'
6

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 7 of 10
memories. Plaintiff contends this factor weighs against granting a stay because a year has already passed since Bland's death, and witnesses may forget the details of what happened despite their statements in the Rangers Report or may otherwise become unavailable. The Court finds this factor weighs against granting a stay. D. Factor Four: Private Interests ofDefendant
"If the defendant would be burdened by civil discovery on the same issues as a pending criminal case, this factor weighs in favor of a stay." Whitney Nat. Bank, 2007 WL 1468417, at *3. As discussed above in factors one and two, the Court has found that there is enough overlap between the criminal and civil cases that Encinia could be forced to choose between defending himself in the civil suit and invoking his Fifth Amendment rights. Accordingly, this factor weighs in favor of granting a stay as to Encinia. E. Factor Five: Interests ofthe Courts
Recognizing the interest of the Court in "managing its docket in an efficient and punctual manner," the parties agree this factor weighs against granting a stay.6 Ntakirutimana, 2010 WL 3810007, at *3.
6 See Defendant Encinia 's Briefing on Motion to Stay, Document No. 99 at 7; Plaintiff's Response to Defendant Encinia 's Briefon Whether this Court Should Grant a Stay Under Its Discretionary Powers, Document No. 102 at 12-13.
7

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 8 of 10
F. Factor Six: Public Interest "The public has an interest in the resolution of disputes with minimal delay,
but only to the extent that the integrity of the defendant's rights can be maintained." Alcala, 625 F. Supp. at 407. In addition, courts have considered whether a prompt resolution of a civil case will impact the decisions of the public or allow other third-parties to determine whether they have also been victims of the same
behavior. See Ntakirutimana, 2010 WL 3810007, at *3 (finding public interest
weighed against stay when the civil suit concerned "the integrity of a major healthcare provider" because the resolution of the case would allow the public to make informed healthcare decisions). The factor weighs in favor of a stay that allows Encinia's rights to be maintained. G. Summary
In considering the six factors above, Encinia has met his burden to show a stay as to Encinia is warranted. However, as Plaintiff notes, this lawsuit includes the Waller County Defendants in addition to Encinia, and Plaintiff estimates that there are over fifty depositions that need to be taken in this case.7 Waller County declined to submit additional briefing on this issue, and Encinia has not met his burden to prove a stay of the entire case, including the Waller County Defendants,
7 Plaintiff's Response to Defendant Encinia 's Brief on Whether this Court Should Grant a Stay Under Its Discretionary Powers, Document No. 102 at 6-7.
8

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 9 of 10
is warranted. As an alternative to the Court denying a stay, Plaintiff contends allowing all discovery to proceed prior to Encinia's deposition would protect Encinia's rights while allowing the case to efficiently move forward. 8 Using judicial discretion and procedural flexibility to harmonize the conflicting interests at issue, the Court finds a partial stay is appropriate. Specifically, the Court finds a stay of Encinia's deposition pending the resolution of his criminal case will adequately allow Encinia to defend the civil lawsuit without being pressured into waiving his Fifth Amendment rights. In addition, a partial stay allows Plaintiff to move forward in discovery against the other defendants and third-parties.
III. CONCLUSION Based on the foregoing, the Court hereby ORDERS that Defendant Encinia and the Texas Department of Public Safety's Opposed Motion to Stay (Document No. 53) is GRANTED in part and DENIED in part. The Court further ORDERS that all discovery must proceed pnor to Defendant Brian Encinia's deposition during the pendency of Defendant Brian Encinia's criminal case. The Court further
8 Plaintiff's Response to Defendant Encinia 's Brief on Whether this Court Should Grant a Stay Under Its Discretionary Powers, Document No. 102 at 7 n.l.
9

Case 4:15-cv-02232 Document 108 Filed in TXSD on 04/21/16 Page 10 of 10
ORDERS that Defendant Brian Encinia must update the Court every two months regarding the status of his criminal case.
SIGNED at Houston, Texas, on this ~ f day of April, 2016.
~)Jdt•• ,_
DAVID HITTNER United States District Judge
10

 
 Case 4:15-cv-02232 Document 144 Filed in TXSD on 11/01/16
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Page 1 of 2
United States District Court Southern District of Texas
ENTERED
November 01, 2016
David J. Bradley, Clerk

GENEVA REED-VEAL, Plaintiff,
v.
BRIAN ENCINIA, et al., Defendants.

§

§

§

§

§

Civil Action No. H-15-2232

§

§

§

§

FINAL JUDGMENT Pending before the Court is the Joint Motion to Dismiss (Document No.

143). Having considered the motion, the Court finds that all matters in dispute

between Plaintiff Geneva Reed-Veal, individually and as mother and personal

representative of the Estate of Sandra Bland, and Defendants Brian Encinia, the Texas Department of Public Safety, and Waller County Defendants1 have been

fully and finally settled.

Based on the foregoing, the Court hereby

ORDERS that the Joint Motion to Dismiss (Document No. 143) is

GRANTED. Plaintiffs claims against Defendants are hereby dismissed with

prejudice. The Court further

1 Waller County, Texas; Elsa Magnus; Oscar Prudente; Rafael Zuniga; Donnie Smith; Cynthia Whidden; Marc Langdon; Sherry Rochen; Lanny Thibodeaux; Matthew Mills; Marianne Williams; and Randy Lewis.

Case 4:15-cv-02232 Document 144 Filed in TXSD on 11/01/16 Page 2 of 2
ORDERS that all costs shall be borne by the party incurring the same. THIS IS A FINAL JUDGMENT. ALL RELIEF NOT EXPRESSLY GRANTED IS DENIED. SIGNED at Houston, Texas, on this_}_ day ofNovember, 2016.
~)Jd:L._-
DAVID HITTNER United States District Judge
2

 
 Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 1 of 11

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

GENEVA REED-VEAL, Individually and as Mother and Personal Representative of the Estate of SANDRA BLAND, deceased,

Plaintiff,
v.
BRIAN ENCINIA, Individually and as an agent and/or employee of TEXAS DEPARTMENT OF PUBLIC SAFETY; TEXAS DEPARTMENT OF PUBLIC SAFETY; ELSA MAGNUS, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF'S OFFICE; OSCAR PRUDENTE, Individually and as an agent and/or employee of WALLER COUNTY SHERIFF'S OFFICE; and WALLER COUNTY,

No. 4:15-cv-02232 Jury Demand Judge David Hittner Magistrate Judge Stephen Smith

Defendants.

PLAINTIFF'S RESPONSE TO THE CITY OF PRAIRIE VIEW POLICE DEPARTMENT'S MOTION QUASH AND FOR PROTECTIVE ORDER AS WELL AS
PLAINTIFF'S MOTION TO COMPEL, OR IN THE ALTERNATIVE, FOR IN CAMERA INSPECTION

I . BACKGROUND
1. On July 10, 2015 Plaintiff's Decedent, Sandra Bland, was stopped by DPS Trooper Brian Encinia. At some point following the stop, Prairie View Police Officer, Penny Goode, appeared on the scene and ultimately transported Ms. Bland to the Waller County Jail. On information and belief, Officer Goode also played a role in Ms. Bland's booking process.

1

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 2 of 11
2. On October 22, 2015, Plaintiff served the City of Prairie View Police Department with a subpoena in the above captioned matter calling for the disclosure of information, documentation, and communications pertinent to the above traffic stop and this litigation. (A copy of said subpoena is attached hereto as Exhibit A) .
3. Said Subpoena was returnable on November 10, 2015 and the place designated for production of materials responsive to the same was the Law Offices of Olson and Olson, LLP located in Houston Texas.
4. The Prairie View Police Department, through its attorneys, filed a motion to quash and for protective order claiming law enforcement privilege based on the claim that an ongoing criminal investigation is being conducted by the Texas Rangers concerning the subpoenaed information.
II. APPLICABLE LAW & ARGUMENT
5. While the 5th Circuit has recognized a law enforcement privilege for some items, like police reports where a pending criminal investigation is ongoing, such privilege expires upon an unreasonable lapse of time. In Re United states Department o£ Home~and Security, 459 F.3d, 565,568-569. This Court enjoys the discretion to determine whether disclosure should occur. Id.
6. First, on information and belief, no criminal investigation is being, or has been, performed by the Texas Rangers. Rather, though the Rangers may issue a report, the Texas Rangers have been and/or are obtaining information so as to compile an account of alleged events. The same does not rise to the level of a criminal investigation.
2

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 3 of 11
7. Further, there are rumors of a grand jury inquest regarding Ms. Bland. On information and belief however, said grand jury inquest, does not seek to evaluate Trooper Encinia' s conduct at the time of Ms. Bland's stop nor does it seek to consider the conduct of any of the Waller County Jail employees present while Ms. Bland was incarcerated there. Further still, it does not seek to consider if other bad actors may have been involved in Ms. Bland's death. Rather, the unconfirmed inquest, is purposed to corroborate the Harris County Coroner's opinions regarding the cause and manner of death; suicide by hanging.
8. As of the filing of this motion, three months have transpired since Ms. Bland's death. Arguably, law enforcement has had ample time to complete any criminal investigation that it might have desired to conduct surrounding Ms. Bland's death.
9. Frankly, no showing has been made that the Texas Rangers are or ever have been engaged in a criminal investigation regarding Ms. Bland's death.
10. Similarly, no showing has been made establishing that a grand jury probe has been initiated to address criminal aspects of Ms. Bland's death.
11. Finally, it seems that a sufficient amount of time has been afforded to law enforcement to investigate any criminal circumstances surrounding Ms. Bland's death.
3

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III. PRAYER FOR RELIEF
12. Given the above, Plaintiff prays that this Honorable Court, in its discretion, hold that the City of Prairie View Police Department does not enjoy a law enforcement privilege and that it is compelled to fully and complete response to Plaintiff's October 22, 2015 subpoena issued to it within 10 days of the entry of this Honorable Court's Order.
13. Alternatively, Plaintiff prays that the City of Prairie View Police Department be ordered to provide this Honorable Court a full and exhaustive list of all things responsive to her October 22, 2015 subpoena and then submit said list and materials responsive to the same for an in camera inspection by this Honorable Court.
14. It should be noted that Defendant, Brian Encinia, has filed a motion to dismiss based on his claim of qualified immunity.
15. Plaintiff is not able to fully address and respond to Defendant, Encinia's, Motion to Dismiss without first obtaining those things sought in her October 22, 2015 subpoena.
4

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 5 of 11
Wherefore, Plaintiff, Geneva Reed-Veal, prays that this Honorable Court deny the City of Prairie View Police Department's motion to quash and for protective order and further prays for an Order compelling the City of Prairie View and its Police Department to release, disclose and tender all materials responsive to Plaintiff's October 22, 2105 subpoena, to Plaintiff's counsel, within 10 days of the entry of this Honorable Court's Order. Plaintiff further requests any and all other relief as may be deemed just and equitable on her behalf.
Respectfully submitted:
CANNON D. LAMBERT,Sr. Karchmar & Lambert, P.C. 211 W. Wacker, Ste. 1400 Chicago IL 60606 (312) 977-1300 ph (312) 977-1999 fx. Bar # 6237503 Cannon@karchmarlambert.com
5

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 6 of 11
EXHIBIT A

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 7 of 11

AO XXB (Rev. 01. 14) Subpoena to Produce Documents, Information. ur Objects or to Pcmtit lnspccti\lfl of Premises m a Civil ;\ction

UNITED STATES DISTRICT COURT

for the

Southern District of Texas

EJ

Geneva Reed-Veal, el al.,

Plain tilt v.
Brian Encinia, el al.,

Civil Action No. 4:15-cv-02232

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To:

c.- Prairie View Police Dept, 44500 Business HWY 290, Prairie View TX, 77446

Aftlll: off'<.u r;>.a'(\c-y

a:~

!Name <~lpersoll to whom tim.; suhpoena i.r directed)

~ Productio11: YOU ARE COMMANDED lo produce al the lime, dale, and place set forth below lhe following
documents, electronically stored information. or objects. and to permit inspection, copying. testing. or sampling of the

material see Attached Subpoena Rider. Previous two Subpoena's are hereby withdrawn.

Place: Olson & Olson, LLP., 2727 Allen Pkwy #600, Houston TX, 77019 Attn: Art Pertile

Date and Time: 11/10/2015 9:00am

0 lmpection ofPremises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure. survey. photograph, test. or sample the property or any designated object or operation on it.

Place:

Date and Time:

The lollowing provisions of Fed. R. Civ. P. 45 are attached- Rule 45(c), relating to the place or compliance: Rule 45(d), relating to your protection as a person subject to a subpoena: and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.
Date: 10/22/2015
CLERK OF COURT OR

The name. address. cwmail address. and telephone number of the attorney representing r,w,,· of panyJ Geneva Reed-Veal

et al.,

. who issues or requests this subpoena, arc:

Cannon D. Lambert, Sr., 211 W. Wacker Dr. Ste 1400, Chicago IL, 60606, Cannon@karchmarlambert.com

Notice to the person who issues or requests this subpoena If this subpoena commands th~ production of documents. electronically stored information, or tangibk things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 8 of 11

AO 888 (Rev. 02/14) Subpoeaa to Produce Doeuments.lafomlllim. or Objects or to Permit Inspection ofPmnises in a Civil Action(Pase 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), aud (g) (Effective ll/1/13)

(c),.... ofCoaplonc:e.
•r (I) p.,. o Trlol, Hllllrilr,, lh,.-... A subpoena may COIIUDilld a
person to attend a trial, beorina, or deposition only as follows:
(A)wilhin 100 miles ofwh<r< the penon r<sidcs, is employed, or regularly transacts business in penon; or
(B) within the state where the person resides, is employed, or regularly transacts business in person, ifthe person
(I) is a party or a party's officer, or (ii) is commanded to attend a lrial and would not incur substantial expense.

(2) F•r OIINr ~-'Y- A ..,bpoena may eonunan<t

(-')production of documents. electronically stored information. or

.,....,n; tanKible things at a place within 100 miJes of where the person resides. is

employed, or resularly transacts business in

and

(B) inspection of premises ot the premises 10 be inspo<t<d.

(d) Pr....,d"'a Pe....., Soobje<t to a Subpoeu; Eafon:emot.

(I)A...ut.., Uuu• Burt/.. .,Expnr.,;Slutdioos. A party or allomey

responsibJe for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to 1he

subpoena. The court for the distric1 where C0"1Jliance is required must

enforce this duty and impose an appropriate sanction-which may include

lost earnings and reasonable attorney's fees-on a party or attorney who

fails to romply.

,_,« (2) c:.-tuuii'D

M - . , h..Ur I~Up<Cf~M.

(-') AppNmrtee Not Requirtd. A person commanded to produce

documents, electronically Jiored informatiCII'I, or tangible things. or to

permit the inspection of premises, need not appear in person at the place of

Jl"oduction or inspection unless also commanded 10 appear for a deposition.

bearing, or trial.

(B) Obf•crions. A pelliOn commanded 10 produce doeumeuts or tangible

things or to pennit inspection may serve on the party or attorney designated

in tbe subpoena a written objection 10 inspecting, copying. testing. Of

sampling any a< all of the maleriab or to inspecring the premis.,..._.,r 10

produeill(l •'-onieally stored informolion in the Conn ..- Corms requested.

The objection must be served before the earlier ofthe time IJ><cifted for

compliance or t 4 days after the subpoena is served. If an obJection is made.

the following rules apply:

0) At any time~ Cll1 notic:e to the commanded penon, the serving party

may move the court for 1he district where compliance is required for an

order compelling production or inspection

(ii) These acts may be required only as directed in the order. and tM

order rnus1 protect a person who is neither a pany nor a party's officer from

signifiCant ex.pense resuhinK from eompliance.

(3) ~,. MIIIIIJPt6 • S..t, .,._
(A) Wloen hquired On timely motioo, tbe court Cor the district wheTc compliance is requiffil mUJI quash or modit}' a subpoena tbat:
(I) fails 10 allow a reasonable time to comply; (II) requires a penon to eomply beyond the geognJPhicallimits
specified in Rule 4S(c); (iH) requires disclosure of privilcsed or other protected matter, if no
exc:eption or waiver applies; or (lv) subjects a penon to undue burden.
(B) Whtn p,,illed To protect a person subject to or affected by a subpoena, the court for the district where compliance is required nay, on motion, quash or modify the subpoena if it requires:
(I) disclosing a trade secret or other confidential research, development, or commercial information; or

(II:) discloting an unretained expert•s opinion Of infonnation that does not describe specifac occurrenecs in dispute and results from the expert's study !hat wu not reques!Cd by a party.
(C) Specifyilf8 CnndUiOM tu Dll Al"motiw. In the circumstances described in Rule 45(d)(3)(B), tbeeourt may, instead ofquasbin& or moditYini a subpoena, ocdn _ . , . , . or produelion under specified
conditions i rthe serving party:
(I) shows a subonantial need for the testimony or material tbat cannot be otherwise met without undue hardship; and
(ii) ensures !hat !he subpoenaed person wiH be reasonably compensated.
(e) Duties Ia Respoadlag to a Subpoeoa.
(I) PrN•citr, D«u•mt>., likt:trM~SI.,.nl l " f • - The>< procedures apply to produeill(l documents or electroni<ally stored intonnation:
(A) D«wrte•ts. A penon reSj)Olldinc to a subpoena to produce doeume1U musl produce them as they are kept in the ordiDary QJUriC of business or must organize and label them 10 correspond to the categories in - demmd.
(B) Form for """""'i•g Electro~ricdl/y Slored Irifannotlon Not Specified. If a subpoena docs not specit}' a Corm lbr prv<b:ina el<etronically llored information, the person. responding must procNce it in a form or fOrms in which it is ordinarily maintained or in a reuonably usable fOrm or fonns.
(C) Eler:trcmically S/(JIYtllnfo,.atian Produc~ in Only One Form. The penon respondinK need not produce the same elettronically slored information in more than one fonn.
(D) lnaccti.Uibl• Eloctrollil:d/Jy SU>red ll!form<niorr. The person responding need not provide discovery of electnmically stored information ftom .....- lhattbe person identifies as norn:uonably accessible because
ofundue burdeo or COOL On motion to rompel dil<o>ery er tor a proteaive
order, the person responding muA show that the information is not reasooably ""cetSible because of undue burden or rost. If that showing is made, the court may nonetheless order discovery from sucb sources if the rcqucstin1 party shows good cause. considering the limitations of Rule 26(b)(2)(C). The court may specify conditions fl>r the discovery.
(Z) a.;.,;,g PriWI<r., l'rtiUcritHf. (A) ln.fonnaJion Withhrid. A person withholding subpoenaed infonnalion under a claim that it is privileged or subject ta protectiCII'I as ttial-preparation material must:
(i) Ollp-ly make tbe cloim; and (u) describe the natwe of the withheld documents, communications, or
tangible things in a mamer that. without revealing infOI"D'ation itself
privileged or protected, wlll enable the parties 10 auess the claim. (B) lnj{Jrmotkln Pmduc~. lfinformatlotl produced in response to a
subpoena is subjec1 to a claim ofprivilege or of protection as trial-preparation material, the person matins the claim may notify any party
that received the: infonnation of the claim and the basis for it After beins
notified, a party must promptly return. seque11er. or destroy the specified information and my eopies it bas; must not use or disclose the information until the claim is .esolvcd; must Jake reasonable steps to retrieve tbe infarmlllion if the party disclo5ed it before beina notified; and may promptly present the infonnation under seat10 the cau.rt for the district where eomplianc:e is required for a determination oftbe claim. The person who produced the information must preserve the infonnation until the claim is resolved.
(J)CowlempL 'The court for the district where compliance is required--and also, after a motion is transferred, the issuing court-may hold in contempt a person who, having been served. fails without adequaiC excuse to obey the subpoena or an order relaled to it

For access to subpoena makrials, see Fed. R. Civ. P. 45(a) CommitJee Note (2013).

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 9 of 11
AO 888 (R<v. 02114) SuhpoeaaiO Produce ~ols,lofonaotioo, or Ol>jccls oriO Ponnitlospectioa of Pmuisos in a Civil Action (Page 2)
Civil Action No. 4:15-cv-02232
PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I receivcd this subpoena for (name ofindiVidual and title, ifany) on (date)
0 I served the subpoena by delivering a copy to the named person as follows:

on (date)

; or

0 I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf ofthe United States, or one of its officers or agents, I have also tendered to the witness the fees for one day's attendance, and the mileage allowed by law, in the amount of

$ --

My fees are$

for travel and $

for services, for a total of$

0.00

I declare under penalty of perjury that this information is true.

Date:

Server ·s signature

Printed name and title

Additional information regarding attempted service, etc.:

&rwr's address

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 10 of 11
SEBVICEUST
·WA11·D COUNTY Dln:NDANTS
L8ny Simmons Germer PUC
Houston TX. PO.Box491S
s Bclumont, Tx. m04-491
Ph: (409)11~33 Mobile: ( 409) 880-930S
Email: lisi•!I!O!!!If•'«l]!!fr.rom Fax: (409) 83S-211S
Dll!N$1 COIJNSII.fOB DPS A BBUN INCINJA;
Selh Dennis Texas AUy. General's ofr.ce Asst. AUy. Gcnenl P.O. Box 12S48 Capitol Sllltioo AustiD, TX 78711 Email: selh.de...is@texasllttcmeypneal.gov
PLAJNIII 1$ ATfOBNIYS;
L8ny R. Ropn. Jr. Couosel fOr Plaintiff Illinois Bar II 6220743 Fcdcnl Bar II 6220743 Jmceqjr(•'nnJaw,rom
Power RDaen &. Smith PC
70 w. Madisoo Sl.ll ssoo
Chicqo, IL 60602 Tc~c: (312)313-0202 F.:simile: (312) 977-1999
~ Thomas Rhodes. 10 Attorney In ClmJIII:
Texu Bar 11168200SO Federal Bar 1117613 trl!ndeslir'tomrhlldeslan•.cl!m
TOM RHODES LAW FIRM, P.C. 126 ViBita Street
s.n ADtonio, Texas 7820S
Tclepboae: (210) 22S-S2SI Facsimile: (21 0) 22S-6S4S

Case 4:15-cv-02232 Document 37 Filed on 11/10/15 in TXSD Page 11 of 11
SUBPOENA RIDER
Please tender and release to the Law Offices ofKarchmar & Lambert, P.C., 211 W. Wacker, Ste. 1400, Chicago Illinois, 60606 the following:
Any and all radio and/or dispatch communications, electronic recordings and/or tapes, as well as all walkie-talkie, and other electronic or voice communications and dispatch information relating to Sandra Bland between 7/10/15-7/14/15. Additionally, please tender full and complete copies of all police and/or incident reports as well as all supplemental reports and other documents that in any way reference Sandra Bland or that were generated due to police involvement or interaction with Sandra Bland on and between 7/10/15-7/14/15. Further, please tender all supplementary or reconstruction reports relating to Sandra Bland as well as all traffic citations and/or traffic warnings issued to or intended for Sandra Bland on and between July I0, 2015 through July 14, 2015.

 
 Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 1 of 18
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

GENEVA REED-VEAL, Individually and as Mother
and Personal Representative of the Estate of SANDRA
BLAN D, deceased.

Plaintiff,

v.

No. 4: 15-cv-02232

BRIAN ENCINIA, Individually and as an agent
and/or employee of TEXAS DEPARTMENT OF
PUBLIC SAFETY; TEXAS DEPARTMENT OF

Jury Demand

Judge David Hittner

I

Magistrate Judge Stephen ~mith

PUBLIC SAFETY; ELSA MAGNUS, Individually

and as an agent and/or employee of WALLER

COUNTY SHERIFF'S OFFICE; OSCAR

PRUDENTE, Individually and as an agent and/or

empl oyee of WALLER COUNTY SHERIFF'S

OFFICE; and WALLER COUNTY,

Defendants.

PLAINTIFFS' REQUEST FOR PRODUCTION TO DEFENDANT, BRIAN ENCINIA.

NOW COMES Plaintiff , GENEVA REED-VEAL, Individually and as Mother and Personal Representative of the Estate of SANDRA BLAND, deceased, and pursuant to Federal Rules of Civil Procedure Rule 33 and 34 , submits the following First Requests for Production of Documents and Things to Defendant Brian Encinia to b~ answered in writing , under oath, and within 30 days of service .

INTRODUCT ION ,

INSTRUCTIONS,

DEFINITIONS

AND

The information and documents sought must be pr vided irrespective of whether the same is secured by you, our representative , agent , attorney or any other person rom whom you can obtain said information and said source shall be competent to testify as to the facts stated .
These Interrogatories and Requests for Production carry a continued duty to supplement your responses should Defendant either directly or indirectly obtains additional or different information from that upon which Defendant's responses are based and said duty shall run from the time this discovery is served on Defendant until the completion of the trial in this matter .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 2 of 18

When the Interrogatories ask you to identify an individual, please s t ate his or her name , last known home address and
telephone number , and job title and date of hire (if fn employee ) , in addition to any other information reque ted .

A. . These Requests for Production of Documents and Th · ngs seek all information available to Defendant, their attorneys or agents , and any other person acting on their behalf .

B. As used herein, " document " or " record" is used in its broadest

sense to mean every writing or recording of 1 every type

described in Rule 1001 of the Federal Rules of E~idence, and

any written, typed, printed, recorded or gra,hic matter ,

however produced or reproduced , of any kind and descri p t ion,

whether sent , received , or neither, and all .opies which

differ in any way from the original (whether by stamped

received, notation, indication of copy sent or received, or

otherwise) regardless of whether designated confidential,

privileged or otherwise, and whether an original, master,

duplicate or copy, including, but not limited to , papers,

not es , account statements or summaries , ledgers, pamphlets ,

periodicals ,

books , advertisements ,

objects

letters ,

memoranda , notes or notations of conversations , contracts ,

agreements ,

drawings ,

telegraphs,

tape

recordings,

communications,

including interoffice and intra-office

memoranda , delivery tickets , bills of lading, invoices,

quotations, claims documents, reports, records, studies, work

sheets , working papers , corporate records, minutes of

meetings , circulars , bulletins , notebooks , bank d posit slips ,

bank checks, cancelled checks , check stubs , di ries , diary

entries , appointment books , desk calendars , dat processing

cards and/or tape s ,

computer software ,

photographs ,

videotapes , transcriptions or sound recordings of any tape of

personal or telephone conversations, interviews, negotiations,

meetings or conferences , or any other things simiiar to any of

the foregoing .

C. The word " communication" means any words heard, spoken,

written or read,

regardless

o f whether~ designated

con f idential , privi leg ed or otherwise , and incl ding without

limitation words spoken or heard at any meeting discussion

interview, encounter, conference , other similar occurrence and words

speech, written

con ersation or or t1ead from any

document(s)

as

described

above .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 3 of 18
1 . All statements (oral, written, or transcribed signed or unsigned) by parties to this action given to some pers,on or entity other than their attorney .
2 . All statements (oral, written, or transcribedr signed or unsigned) from any person who:
a) Witnessed or claims to have witnessed the obcurrences specified in the Plaintiff 's Complaint;
b) Was present at the scene of the occurrences; c) Has or claims to have knowledge of any of tle facts of
the occurrences specified in the Plaintiff's Complaint; d) Has or claims to have knowledge of the condition of the
Plaintiff or; e) Has or claims to have knowledge of the loc+ions
specified in the Plaintiff ' s Complaint. 3 . All photographs , slides, motion pictures , videotapes , video footage , electronic media, dash cam videos, media, media coverage or other photographic, electronic and/or computer reproductions
relating to and beginning in the 60 minutes prior to ~the July 10,
2015 arrest of Sandra Bland up to and through 11 : 59 p on July 14 , 2015 of any physical objects or persons involved in the occurrences described in Plaintiff's Complaint , the scene of the occurrence, the events themselves, the traffic stop, arrest , detention, booking, questioning, and jailing of Ms . Sandra Blan't as well as any and all jail cells that Ms. Bland was placed in hile in the Waller County Jail .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 4 of 18

me~tal 4 . All documents pertaining to the physical or

condition

of the Sandra Bland prior and subsequent to her July 10 ,

2015 arrest .

5 . Complete , unedited, and unabridged copies of any and all

Sandr~ medical reports and documents pertaining to the

Bland, and

purporting to diagnose , analyze a nd/or otherwise evalrate any and

all i n juries allegedly sustai ned by the Plaintiff in tie occurre nce

specified in t he Plainti f f' s Complaint . 6 . Complete , unedited, and unabridged copies of any and all

medical reports and documents pertaining to the SandJa Bland, and

purporting to diagnose , analyze and/or otherwise evaluate Ms . Bland ' s emotional , psychological and/or mental state at all times beginning from 60 minutes prior to her July 10, 2015 arrest through

and including 11 : 59 pm on July 14 , 2015 .

7 . Complete unedi ted , and unabridged copies of any and all

police , investigati on r epo rts a nd/or incident repor,s , including

a ny supplementary or reconstruction reports , photos , and computer

and/or electronic

documents

prepared

.

. .I

~n conJunct~9n

with the

occurrences set forth in the Plaintiff ' s Complaint .

8 . Complete unedited, and unabridged copies of any and all

jail and dash cam videos relating to any aspect of Sandra Bland ' s arrest and subsequent d etention and incarceration at the Waller

County Jail beginning 60 minutes prior to Ms . Bland ' s June 10 , 2015 traffic stop through and including 11 : 59 pm on July 14 , 2015 .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 5 of 18

9 . Any and all of Sandra Bland's personal arti f les she had

from the time that she was subject to the July 10, 12015 traffi c stop including but not limited to Ms . Bland 's phone, clothing , medications , acces sories , j ewelry , paperwork , driver's license and

other personal articles . 10 . Any and a l l radio and / or dispatch communications ,

electronic r ecordings and/or tapes , as well as all wall kie - talkie , and other electronic or voice communications and dispatch information relating to Sandra Bland between 7/10/ 15 - 7/14/15 .

11. Full and comple te copies of all police and1or

repor~ s i ncident reports as well as all supplemental

and other

documents that in any way reference Sandra Bland or that were

generated due to police involvement or interaction with Sandra

Bland on and between 7/10/15-7/14/15 . 12 . All supplementary or reconstruction reports relating t o

Sandra Bland as well as all tra ff ic citations arld/or traffic

warnings issued to or intended for Sandra Bland on andl between July

10 , 2015 through July 14 , 2015 .

13 . Any and all toxicology report~) relating t ~ Sandra Bland

in their full , complete and final state .

I

14 . The full, complete, unedited, and unabridged copies of

a ny and all 911 communications , a ny and all Departmjnt of Public
Tra nsportation commun i cations and/ or police disp~tch

communications relating to Sandra Bland beginning 60 minutes prio r

to Sandra Bland ' s traffic stop on July 10 , 2015 up t r and through

the present .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 6 of 18

~eflecting 15 . Any and a ll employees logs and/or documents

iJ who was present at any time that Sandra Bland was

and at the

Waller County Jail on July 10 , 2015 at any point that Sandra Bland

was present on said date at said location .

16 . Any and all emergency medical service run

or

reports which, in any way, relate to Sandra Bland .

17 . A copy of any and all traffic warnings , traffic t i ckets ,

and criminal charges issued to Sandra Bland at on and through July

10 , 2015 through July 14 , 2015.

18 . Any and all personnel fil es, e mployme nt fil es and/or

d isciplinary fi les relating to Brian Encinia . 19 . All police and jail training manuals, videos and

protocols i n effect on July 10 , 20 15 that were availabte to Brian

Encinia as a DPS Trooper for training and/or review .

20 . Immediate personal access , for purposes of examination and

review, to al l i terns in the jail cell where and when Sandra Bland was found non- responsive inclUding but not limited to the ligature alleged to have been used in Ms . Bland ' s death, bible, trash , pill

cup, trash bags , trash can, books , cloths, mattresses and sheets. 21 . Any and all DNA testing done on any of the i terns or
objects present in the cell that Sandra Bland was found nonresponsive in including but not limited to the ligatule alleged to

have been used in Ms. Bland's death , bible, trash , pitl cup, trash

bags , trash can, books , cloths , mattresses and sheets .

22 . Any and all correspondence and/or communications with Joe

Booker by any and all jail staff and/or police officelr .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 7 of 18

23 . All documents, articles, papers and textbooks you intend

to use during the trial of this cause . 24 . All rules , regulations, bylaws ,

L guidelines of

public authority, inspecting or reviewing authority or other private body, which you intend to use during the trial of this

cause .

25 . All reports or documents which may contain

opinions , theories , conclusions , or estimates

the

physical, psychological, mental and emotional condition of Sandra

Bland both prior to and subsequent to the incidents i n question or

the matters in question .

tie 26 . All reports or documents which may contain
opinions, theories , conclusions , or estimates regarding the

occurrences 1n question . 27 . A certified copy of all liability insurance wo l icies and
declaration pages that covered the Defendant for he acts or omissions , as alleged in the Plaintiff ' s Complain including supplemental , secondary and/or umbrella policies. This further includes any and all insurance which covers this incident including but limited to all declaration pages . Further, a certitied copy of all cove rage declaration forms for all policies in efrect .
28 . All videotape footage taken by any investigator ,

private detective or any other agent or servant of the Defendant or

the Defendant ' s insurance carrier of the Plai ntiff

time .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 8 of 18
29 . Any bills , notes , memoranda , correspondence or other records or documentation of time spent monitoring the P aintiff and notes as to observations made by your i nvestigator s) , private detective(s) or any other agent (s) or servant (s) of the Defendant
or the Defendant 1 s insurance carrier of the Plaintiff .
30 . Each and every document , record, report, wriyng memorandum, photo , electronic media , electronic dolcumentation, physical object and the like revealed or referenced in Defendant 1 s Answers to interrogatories .
31. The full and complete names , addresses and lhone numbers of each a nd every person having knowledge of any facts which involve , surround, or come out of the incidents giving rise to this cause of action .
32 . All documents concerning testimony o[ wt tnesses at previous instances , proceedings , hearings and/or trialt concerning the occurrences giving rise to this litigation .
33 . All General Orders jail protocols , policies, practices and procedure in force and effect on July 10, 2015 through and including 11 : 59 pm on July 14 , 2015 that created , codified , establ i shed, governed, and/or instituted the rules policies , procedures and protocols relating to booking inmates as well as medically, physically and mentally assessing inmates at the Waller County Jail .

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 9 of 18

34 . All photos taken of Sandra Bland before or after her

death including but not l i mited to photos taken in an~ during her
post mortem exam .
35 . This request pertains to Autopsy Report Casd number oc

15-030 dated and done on July 14, 2015 on the body of Sandra Bland

done by Assistant Medical Examiner Sara N. Doyle, M.D. :

Produce for in-person examination all of the fotlowing : all

photos taken in and associated with the aforementioned autopsy, all

specimens harvested from Sandra Bland ' s body including but not

limited to her hyoid bone, upper larynx and toxicology specimens .

The full complete toxicology report, all ligatures or l other items

i1j alleged to have been used to inflict or self-inflict

ury or harm

on Sandra Bland. All cloths and personal effects found on Sandra

Bland ' s body at the time of her presentation to the Harris County

Institute of Forensic Science . All emergency medical services,

paramedic , justice of the peace or other medical repolrts relating

Ml . to Sandra Bland in your possession at the time that

Bland was

presented to you up to and through September 19, 2015 . All things

examined during the aforementioned autopsy as well as all things

not examined but that were present duri ng said exa1 . All notes

taken and/or created by all medical personnel and any ther persons

present at and during said autopsy. The intake sheet and/ or form

regarding Sandra Bland from Harris County institute of Forensic

Science investigators . All body temperature readings o~ Ms . Bland ' s

temperature~ body along with the times and dates said

were taken

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 10 of 18

and~or and by whom as well as all information indicating

revealing

when the Harris County Institute of Forensic Science was contacted regarding Sandra Bland and when Ms . Bland ' s body was delivered and

signed in . All information, notes, records and c4mmunications

regarding Sandra Bland ' s physical condition when she was first

presented to the Harris County Institute of Forensic Science for

exam. All things retained at the post mortem examina dion (a full, complete list of said things if they are not in your pdssession and

who now has said items) . All gastric content samples and all

information relating to if specimens harvested from s1ndra Bland ' s

body were tested and if so where were said tests performed.

Finally, a full and complete list of any and all requjsters of any of the aforemen tioned information , documentation fnd/or items

related to Sandra Bland and her autopsy .

36 . This request pertains to any and all involvement,

interaction and/or examination that Justice of the Pebce , Charles Ka risch , had with or performed on Ms . Sandra Bland , ilcluding but

not limited to Autopsy Report Case number OC 15- 030 d~ted and done on July 14 , 2015 on the body of Sand r a Bland done by As sistan t

Medical Examiner Sara N . Doyle, M. D. :

Produce for in-person examination all of the following : all

photos taken in and associated with the aforementioned autopsy, all

specimens har vested from Sandra Bland ' s body including but not

limited to h er hyoid bone , upper larynx and toxicolo~y specimens .

o1 The full complete toxicology repor t, all ligat ures

other items

alleged to have been used to inflict or self-inflict injury or harm

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 11 of 18

I on Sandra Bland . All cloths and personal effects foujd on Sandra

Bland's body at the time of her presentation to the Hfrris County

Institute of Forensic Science. All emergency medical services,

pa ramedic, justice of the peace or other medical repor ts relating

to Sandra Bland in your possession at the time that Ms . Bland was

presented to you up to and through September 19, 2015 . All things

a1 examined during the aforementioned autopsy as well

all things

not examined but that were present during said exaJ . All notes

taken and/or created by all medical personnel and any other persons

p r esent at and during said autopsy. The intake sheet and/or form

regarding Sandra Bland from Harris County institute of Forensic

Science investigators . All body temperature readings of Ms . Bland ' s
body along with the times and dates said temperature~ were taken

and by whom as well as all information indicating and)or revealing

when the Harris County Institute of Forensic Science was contacted

regarding Sandra Bland and when Ms . Bland' s body was delivered and

signed in . All information, notes , records and comLunica tions

regarding Sandra Bland ' s physical condition when she was first

presented to the Harris County Institute of Forensic i Science for

exam . All things retained at the post mortem examinatfon (a full,

complete list of said things if they are not in your possession and

who now has said items) . All gastric content sampfe s and all

information relating to if specimens harvested from Sar dra Bland' s

body were tested and if so where were said tests performed.

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 12 of 18

Finally. A full and complete list of any and all reque ters of any

of the aforementioned information/ documentation

items

related to Sandra Bland and her autopsy.

37. A full and complete privil ege log itemizing e ch and every

statement (whether oral or written) document, item and/or tangible

thing that Defe ndant claims to be privileged pursuant to attorney-

client privilege or work.

38. Any and al l radio and/or dispatch co unications ,

electronic recordings and/or tapes , as well as

wa l kie-

talkie , and other electronic or voi ce communications nd dispatch

information relating to Sandra Bl and between 7/10/15 - 7/14/15 .

39 . Full and complete copies of all police

or incident

reports as we l l as all supplemental reports and

r documents

that in any way reference Sandra Bland or that we re

due

to pol ice involvement or interacti on with Sandra

a nd

between 7/10/15- 7/14/15 .

40 . All supplementary or reconstruction reports relating to

Sandra Bla n d as well as all traffic citations an /or traffic

warnings issued to or intended for Sandra Bland on and between

July 10 , 2015 thr ough July 14 , 2015 .

41 . All original video of Waller County Jail fr m 7/10/15 -

7/14/15 . That was collected by Shane El lison from the Federal

Bureau of Investigations on or about 9/17/15 .

42. Any and all original compu t er towers & DVR Housing

Wal l e r County Jail Original footage from 7/10/15 - / 14 / 15 that

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 13 of 18
was collected by Shane Ellison from the Federal Bureau of
Investigations on or about 9/15/15 . 43 . The Texas Ranger Report relating to Sandra Bl and for any
and all photographs that in anyway relate to Sandra Bland . 44. Any and all evidence information or indications which
reveal or show that Sandra Bland was provided medical at any time
on or between 7/10/15 - 7/ 14/15 , not i ncluding her Au, opsy .

It is further requested that the parties in comp iance with this request for production shall furnish an affidavit stating whether the production is complete in accordance with t is request.

lsi Cannon Lambert
Counsel for Plaintiff Cannon Lambert Illinois Bar # 6237503 Federal Bar # 6237503 cannon@karchmarlambert.com
Karchmar & Lambert, P.C.
2 11 W. Wacker Drive Suite 1400 Chicago. IL 60606 Telephone: 312-977-1300 Facsimile: 3 12.236.0920

Respectfully submi! ted :
By: CANNON D. LAMBERT, Sr . , Esq .

Larry R. Rogers. Jr. Counsel for Plaintiff Illinois Bar # 6220743 Federal Bar # 6220743 Irogersj r@prslaw.com Power Rogers & Smith PC
70 W. Madison St. # 5500
Chicago, IL 60602 Telephone: (312) 313-020 Facsimile: (312) 977-1999

Jesse Thomas Rhodes. lii Texas Bar # 16820050
Federal Bar # 17613 trhodcsCa)tom r~odcslaw .com

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 14 of 18
SERVICE LIST
WALLER COUNTY DEFENDANTS
Larry Simmons GennerPLLC Houston Tx. PO. Box4915 Beaumont, Tx. 77704-4915 Ph: (409)813-8033 Mobile: (409) 880-9305 Email: l-jsimmons@germer.com Fax: (409) 835-211 5
DEFENSE COUNSEL FOR DPS & BRIAN ENCINIA:
Seth Dennis Texas Atty. General's office Asst. Atty. General P.O. Box 12548 Capitol Station Austin, TX 78711 Email: seth.dennis@texasattorneygeneral.gov
PLAINTIFFS ATTORNEYS:
Larry R. Rogers, Jr. Counsel for Plainti ff Illinois Bar # 6220743 Federal Bar# 6220743 Irogt:rsj r'IIiprslaw ,com Power Rogers & Smith PC 70 W. Madison St. # 5500 Chicago, IL 60602 Telephone: (312) 3 13-0202 Facsimile: (312) 977-1999
Jesse Thomas Rhodes, llJ Attorney in Charge Texas Bar#16820050 Federal Bar# 17613 trh odt:s: ii"tom rhodes Ia\\, com TOM RHODES LAW FTRM, P.C. 126Villita Street San Antonio, Texas 78205 Telephone: (21 0) 225-5251 Facsimile: (21 0) 225-6545

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 15 of 18

AO RRB (Rev. 02114) Subpoena 10 Produce Documems, lnforma1ion, or Objec1s or 10 Pcrmil lnspcc1io n of Premises 111 a Civil Aclion
UNITED STATES D ISTRICT COURT
for the Southern District of Texas

GE~EVA REED-VEAL, et. al.,
P/amlif{ V.
BRIAN ENCINTA, et al.,
01'/l'ndanr

)

)

)

Civil Action No. 4:15-cv-02232

)

)

)

SUBPOENA TO PRODUCE DOCUM ENTS, TNFORMATION, O R O BJECT S O R TO PERMIT INSP ECTION OF PREMISES IN A C IVI L ACTION
TEXAS DEPARTMENT OF PUBLIC SAFETY; VIA FAX: 512.495.9139
To: ATTN: ASSISTNAT ATTORNEY GENERAL- SETH BYRON DENNIS
P.O. BOX 12548, CAPITOL STATION, AUSTIN, TEXAS 78711
(Name ofperson to whom this .whpnena is directed)
~ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and to pem1it inspection, copying, testing, or sampling of the material: PLEASE SEE RIDER ATTACHED TO S UBPOENA

Place: Law Offices of Arnold & Itkin 6009 Memorial Dr., Houston TX. 77007 PH# 713-222-3800

1(/f Date and T;me:'-/ ~ (p

0 Inspection ofPremises: YOU ARE C OMMAND ED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey. photograph, test, or sample the property or any designated object or operation on it.

Place:

Date and T ime:

The fol lowing provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subooena and the potential consequences of not doing so.
5 -j{p Date: '-/-
CLERK OF COURT OR

Signawre ofClerk or Depury Clerk

A/Tomey 's signawre

The name, address, e-mail address, and telephone number of the attorney representing (name ofparly)

PLAINTIFF

GENEVA REED-VEAL, ET. AL.,

, who issues or requests this subpoena, are:

Cannon D. Lambert, Sr., 211 W. Wacker, stc#1400, Chicago IL 60606; cannon@karchmarlambert.com, Ph# 312-523-4144

Notice to the person who issues or r equests this subpoena If this subpoena commands the production of docume nts, e lectronicall y stored information, or ta ng ible thi ngs or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each pat1y in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 16 of 18

AO 888 (Rev. 02/14) Subpoena to Produce Documents, lnfonnation, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No. 4:15-cv-02232
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R . Ci . P. 45.)
I received this subpoena for (name ofindividual and title, ({any) on (date)
0 I served the subpoena by delivering a copy to the named person as follows:

on (date)

; or

0 I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day's attendance, and the mileage allowed by law, in the amount of
$

My fees are$

for travel and $

for services, for a tota of$

0.00

I declare under penalty of perjury that this information is true.

Date:

Sen•er 's signature

Printed name and title

Additional information regarding attempted service, etc.:

Server's address

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 17 of 18

AO 88B (Rev. 02114) Subpoena to Produce Documents, Information, or Objects or to Pennit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1 13)

(c) Place of Compliance.

(ii) disclosing an unrctaincd expert's op nion or infom1ation that docs

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within I 00 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly
transacts business in person, if the person

not describe specific occurrences in dispute nd results from the expert's

study that was not requested by a party.

(q SpecifYing Conditions as an Alternati e. In the circumstances

described in Rule 45(d)(3)(B), the court may instead of quashing or

modifying a subpoena, order appearance or ~reduction under specified

conditions if the serving party:

.I

(I) shows a substantial need for the testi 1ony or material that cannot be

(i) is a party or a party's officer; or

other.vise met without undue hardship; and

(ii) is commanded to attend a trial and would not incur substantial expense.

(ii) ensures that the subpoenaed person viii be reasonab ly compensated.

(2) For Other Disc01•ery. A subpoena may command: (A) production of documents, e lectronically stored information, or

(e) Duties in Responding to a Subpoena. (1) Producing Documents or Electronica/1 Stored ltiformation. These

tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B) inspection of premises at the premises to be inspected.

procedures apply to producing documents or electronically stored information:
(A) Documents. A person responding to a ubpoena to produce documents

must produce them as they arc kept in the or inary course of business or

(d) Protecting a Person Subject to a Subpoena; Enforcement.

must organize and label them to correspond o the categories in the demand.

(B) Form for Producing Electronically St( red lnfimnation Not Specified.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps

If a subpoena does not specifY a form for pr ucing electronically stored infonnation, the person responding must pro uce it in a form or fom1s in

to avoid imposing undue burden or expense on a person subject to the

which it is ordinarily maintained or in a reas nably usable form or forms.

subpoena. The court for the district where comp liance is required must enforce this duty and impose an appropriate sanction- which may include

(C) Electronically Stored information Pro uced in Only One Form. The person responding need not produce the sam electronically stored

lost earnings and reasonable attorney's fees-on a party or attorney who

information in more than one form.

fails to comply.

(0 ) Inaccessible Electronically Stored ln.fi. rmation. The person responding need not provide discovery ofel ctron ically stored infonnation

(2) Command to Produce Materials or Permit Inspection.

from sources that the person identifies as not reasonably accessible because

(A) Appearance Not Required. A person commanded to produce

of undue burden or cost. On motion to comp I discovery or for a protective

documents, electronically stored infonnation, or tangible things, or to

order, the person responding must show that he information is not

permit the inspection of premises, need not appear in person at the p lace of reasonably accessible because of undue bur nor cost. If that showing is

production or inspection unless also commanded to appear for a deposition , made, the court may nonetheless order disco ery from such sources if the

hearing, or trial.

requesting party shows good cause, consider ng the limitations ofRule

(B) Objections. A person commanded tO produce documents or tangible 26(b)(2)(C). The court may specifY conditio s for the discovery.

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises- or to

(2) Claimi11g Privilege or Protection. (A) l1rjormation Withheld. A person withho ding subpoenaed information

producing electronically stored information in the forn1 or forms requested. under a claim that it is privileged or subject t protection as trial-preparation

The objection must be served before the earlier of the time specified for

material must:

compliance or 14 days after the subpoena is served. If an objection is made,

(i) expressly make the c laim; and

the following rules apply:

(ii) describe the nature of the withheld d cuments, communications, or

(i) At any time, on notice to the commanded person, the serving party tangible things in a manner that, without rev .aling infonnation itself

may move the court for the district where compliance is required for an

privileged or protected, will enable the parti s to assess the claim.

order compelling production or inspection.

(B) lnfimnation Produced. lfinfonnation p oduced in response to a

(ii) These acts may be required only as directed in the order, and the

subpoena is subject to a claim of privilege o of protection as

order must protect a person who is neither a party nor a party's officer from trial-preparation material, the person makin the claim may notify any party

significant expense resulting from compliance. (3) Quashing or ModifYing a S ubpoena.

that received the information of the claim an the basis for it. After being notified, a party must promptly return, seque ter, or destroy the specified infonnation and any copies it has; must not se or disclose the infonnation

(A) When Required. On timely motion, the court for the district where

until the claim is resolved; must take reason ble steps to retrieve the

compliance is required must quash or modifY a subpoena that:

infonnation if the party disclosed it before b ing notified ; and may promptly

(i) fails to allow a reasonable time to comply;

present the information under seal to the cou for the district where

(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);

compliance is required for a detem1ination o the claim. The person who produced the information must preserve the nformation until the claim is

(ill) requires disclosure of privileged or other protected matter, if no

resolved.

exception or waiver applies; or (lv) subjects a person to undue burden.

(g) Contempt.

(B) When Permitted. To protect a person subject to or affected by a

The court for the district where compl iance i required- and a lso. after a

subpoena, the court for the district where compliance is required may, on

motion is transferred, the issuing court-rna hold in contempt a person

motion, quash or modifY the subpoena if it requires: (i) disclosing a trade secret or other confidential research,

who, having been served, fails without adeq ate excuse to obey the subpoena or an order related to it.

development, or commercial infonnation: or
•

For access to subpoena materials. see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 4:15-cv-02232 Document 101 Filed on 04/05/16 in TXSD Page 18 of 18

SUBPOENA RIDER

Please tender and release to the Law Offices of Karchmar & Lambert, P.<f., 211 W.

Wacker, Ste. 1400, Chicago Illinois, 60606 the following:

1

Any and all radio and/ or dispatch communications, electronic recordings and/ or tapes,
as well as all walkie-talkie, and other electronic or voice communicatiops and dispatch information relating to Sandra Bland between 7/10/15- 7/14/15. Addiitionally,
please tender full and complete copies of all police and/ or incident repo~ts as well as all
supplemental reports and other documents that in any way reference Sandra Bland or that were generated due to police involvement or interaction with SandJa Bland on and between 7/10/15-7/14/15. Further, please tender all supplementary or econstruction reports relating to Sandra Bland as well as all traffic citations and/ or tra fie warnings issued to or intended for Sandra Bland on and between July 10, 2015 through July 14, 2015.

Additionally, All original video of Waller County Jail from 7/10/15- 7/1 /15. Any and
all original computer towers & DVR Housing Waller County Jail Original footage from 7/10/15
- 7/14/15 that was collected by Shane Ellison from the Federal Bureau of Investigation on or about 9-17-15. The Texas Ranger Report relating to Sandra Bland for any & all fhotographs that in anyway relate to Sandra Bland/Any evidence indicating that Sandra Bland ras provided medical at any time on or between 7/10/15- 7/14/15.

 
 REPORT OF INVESTIGATION

Page 1 of 94

TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS RANGERS

THIS REPORT IS THE PROPERTY OF THE TEXAS RANGERS. NEITHER IT NOR ITS CONTENTS MAY BE DISSEMINATED OUTSIDE THE AGENCY TO WHICH LOANED.

LEAD INVESTIGATOR: SHANE ELLISON

INVEST#:

RA201500242

SUPERVISOR:

KIP WESTMORELAND

OPENED:

07/20/2015

TITLE:

QUESTIONABLE DEATH, WALLER COUNTY, FILE STATUS: CLOSED HEMPSTEAD, VICTIM BLAND, SANDRA (B /

F)

TYPE:

CRIMINAL

DIVISION:

TEXAS RANGERS

SERVICE:

REGION:

COMPANY A

DISTRICT:

AREA:

HOUSTON

SUBTYPE:

OTHER - CUSTODIAL DEATH

SPURS URN: CMIV20045000

CATEGORY:

INVESTIGATIVE

REVIEW DATE:

SPECIAL APPROVAL:

LEGACY REF: TR1-2

PROGRAM:

SPECIAL INVESTIGATIONS

SUBPROGRAM:

CASE#:

INVESTIGATION SYNOPSIS QUESTIONABLE DEATH, WALLER County, HEMPSTEAD, victim BLAND, SANDRA (B / F)

SUPPLEMENTAL SYNOPSES

1 07/20/2015 Report Writer:
On 07-13-2015, Texas Ranger Shane ELLISON assisted the Waller County Sheriff's Office with the investigation of the in-custody death of Sandra Annette BLAND. BLAND, who was alone in her cell, was found hanging from a transparent white trash bag that was apparently used as a ligature and tied to a privacy partition in her cell. Waller County Sheriff's Office personnel attempted to resuscitate BLAND after removing her from the ligature, but were unsuccessful. BLAND was pronounced deceased at approximately 9:06 AM this date and later transported to the Harris County Medical Examiner's Office in Houston for an autopsy. The following report details the initial steps taken by Ranger ELLISON in furtherance of the investigation into the death of Sandra BLAND.
2 08/09/2015 Report Writer:
On 07-13-2015, Texas Ranger Shane ELLISON reviewed the Waller County Sheriff's Office (WCSO) video footage from the jail surveillance camera system. The video footage captured the two holding cells in the booking area and the hallway which led to the two female cells in the jail, namely cells 54 and 95. In addition, Ranger ELLISON and WCSO Investigator Mike PARINELLO continued interviewing WCSO personnel, to include the following: Jailer Dormic SMITH, Deputy Randy LEWIS, Jailer Randy TOMCZAK, Deputy Jailer Matthew MILLS, Deputy Jailer Michael SERGES and Jailer Rafael ZUNIGA. Ranger ELLISON also met with Trooper Brian ENCINIA this date to discuss the events of Sandra BLAND'S arrest.
3 08/12/2015 Report Writer:
In furtherance of the investigation into the in-custody death of Sandra BLAND, Texas Ranger Shane ELLISON continued to conduct interviews of the Waller County Sheriff's Office (WCSO) female inmates and night shift jail staff. The following report documents the interviews of WCSO inmates Natasha SANTEE, Alexandria PYLE and Amber KENT along with WCSO Jailer Christopher WOOD and Deputy Jailer Michael NEELY.
4 08/13/2015 Report Writer:
In furtherance of the investigation into the in-custody death of Sandra BLAND, Texas Ranger Shane ELLISON and Waller County Sheriff's Office (WCSO) Investigator Mike PARINELLO attended BLAND'S autopsy on 07-14-2015. The autopsy took place at the Harris County Institute of Forensic Sciences in Houston and was conducted by

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REPORT OF INVESTIGATION

Page 2 of 94

Dr. Sara DOYLE. Additionally, Ranger ELLISON conferred with Prairie View Police Department Officer Pennie GOODIE, WCSO Lieutenant Justin LANE, and WCSO Marc LANGDON in reference to this investigation. WCSO Jailers Matthew MACE, Danny WENDT, and Sammy WRIGHT, along with WCSO Nurse Marianne WILLIAMS were interviewed this date. Ranger ELLISON also photographed BLAND'S vehicle and its contents. BLAND'S phone was subsequently located and retained by Ranger ELLISON on 07-152015.
5 08/17/2015 Report Writer:
On 07-15-2015, Texas Ranger Shane ELLISON received the assistance of the Federal Bureau of Investigation (FBI) who agreed to monitor this investigation as it developed. Ranger ELLISON learned the person who Sandra BLAND called from the booking desk at the Waller County Sheriff's Office (WCSO) Jail was an individual identified as LaVaughn MOSLEY of Prairie View, Texas. Ranger ELLISON subsequently talked to MOSLEY and scheduled an interview with him. Ranger ELLISON also spoke with BLAND's mother, Geneva REED-VEAL this date. Ranger ELLISON interviewed Judge Delores HARGRAVE and WCSO Jailers Elsa MAGNUS, Kevin GORMAN, Jerry CREAMER, and Sharon RIPPLEY. Ranger ELLISON also learned of a self-shot video of BLAND where she stated she suffered from depression and PTSD (Post Traumatic Stress Disorder).
6 08/19/2015 Report Writer:
On 07-16-2015, Texas Ranger Shane ELLISON attended a meeting with representatives from the Waller County District Attorney's Office along with other Waller County Officials, the Federal Bureau of Investigation, and Texas Highway Patrol. All in attendance viewed the video footage from both the traffic stop and the jail and reviewed the evidence obtained thus far in this investigation. Ranger ELLISON also learned of an active arrest warrant for Sandra BLAND in addition to three unpaid traffic tickets. A witness to the traffic stop, identified as Renee MCKNIGHT, was also interviewed this same date.
7 08/20/2015 Report Writer:
On 07-17-2015, Texas Ranger Shane ELLISON met with Sharon COOPER, Shante NEEDHAM and their legal representative, Cannon LAMBERT, to review the facts of this investigation and to view the Waller County Jail video footage. Ranger ELLISON also presented the facts of this case to members of the Texas Governor's Office, Texas Senate and House of Representatives, and a member of the US House of Representatives. Ranger ELLISON took possession of the hard drives from the Waller County Jail video surveillance system and transferred them to the FBI. The following report documents these activities and other findings in the investigation through 07-20-2015.
8 08/24/2015 Report Writer:
The following report documents the investigative activities conducted by Texas Ranger Shane ELLISON from 07-21-2015 through 08-26-2015. Ranger ELLISON conducted multiple interviews, authored a search warrant for Sandra BLAND'S iPhone, and received numerous items of evidence, all of which was documented in this report.
9 08/29/2015 Report Writer:
The following report documents Texas Ranger Shane ELLISON'S review of the following documents: the HQ-12 Incident Report, Trooper Brian ENCINIA'S THP-1 Offense Report, and Trooper ENCINIA'S written statement.
10 08/31/2015 Report Writer:
Texas Ranger Shane ELLISON reviewed the traffic stop video, Trooper Brian ENCINIA'S written statement, and his THP-1 Offense Report. Ranger ELLISON reviewed the video of the traffic stop and subsequently performed a comparison between the video and Trooper ENCINIA'S written statement. The following report details the summary review of the traffic stop and Trooper ENCINIA'S actions as they were compared to the statement.
11 12/07/2015 Report Writer:
The following report documents the examination of the data extracted from Sandra BLAND'S phone, the results of the examinations of the Waller County Sheriff's Office Jail video surveillance system, and the results of the examination of Trooper Brian ENCINIA'S in-car video system. Ranger ELLISON also conducted an interview of David ALLEN, who witnessed a portion of the traffic stop, and attempted to interview a potential witness, identified as Otis CURTIS, who

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REPORT OF INVESTIGATION

Page 3 of 94

ultimately declined to be interviewed. 12 12/14/2015 Report Writer:
On 07-26-2015, Texas Ranger Shane ELLISON requested the assistance of Texas Ranger Troy WILSON in reference to a digital sketch of the jail cell where Sandra BLAND was found deceased. Ranger WILSON agreed to construct a diagram of the scene using computer aided design software. Ranger ELLISON provided the measurements taken at the scene and Ranger WILSON subsequently constructed the diagrams as requested. 13 01/08/2016 Report Writer: On 01-06-2016, Trooper Brian ENCINIA was indicted by the Waller County Grand Jury for Perjury, Texas Penal Code 37.02, Class A Misdemeanor. Trooper ENCINIA surrendered to Texas Ranger Shane ELLISON and Texas Ranger Jeff OWLES on 01-072016 without incident. He was transported to the Waller County Sheriff's Office Jail. Trooper ENCINIA posted bond and was released from the custody of the jail this same date. S14 07/05/2016 Report Writer: Shane Ellison 07/12/2016 Approved by: KIP WESTMORELAND On 04/29/2016, I, Texas Ranger Shane Ellison, traveled to the Houston Regional Computer Forensics Laboratory (RCFL) to retrieve the original digital and electronic evidence collected in this case. The following report identifies and documents the transfer of the items from the RCFL to myself and Texas Ranger Lieutenant Kip Westmoreland. S15 07/03/2017 Report Writer: Shane Ellison 07/04/2017 Approved by: KIP WESTMORELAND On 06/28/2017, the Class A Misdemeanor charge of Perjury against Brian Encinia was dismissed by 506th District Court Judge Albert McCaig. The dismissal had three stipulations that Encinia had to agree to as documented in the following supplement. S16 07/17/2017 Report Writer: Shane Ellison 07/20/2017 Approved by: KIP WESTMORELAND On 07/12/2017, I, Texas Ranger Shane Ellison, arranged for the release of Sandra Bland's cell phone to her mother, Geneva Reed-Veal. A court order was obtained authorizing the release of property, which included Bland's personal belongings that were being retained by the Waller County Sheriff's Office. The following supplement documents the release of the property. S17 08/07/2017 Report Writer: Shane Ellison 08/11/2017 Approved by: KIP WESTMORELAND This supplement serves to document the closing of the investigation into the death of Sandra Bland.
SUPPLEMENTAL DETAILS
1 1. On Monday, 07-13-2015, at approximately 9:38 AM, Texas Ranger Shane ELLISON received an assignment from Texas Ranger Lieutenant Kip WESTMORELAND to assist the Waller County Sheriff's Office in Hempstead, Texas with an In-Custody Death investigation. Lieutenant WESTMORELAND had limited information as to the death other than an inmate had apparently been found hanging in a jail cell. Ranger ELLISON in turn called Waller County Sheriff's Office Captain Brian CANTRELL for more information. Captain CANTRELL advised he too only had limited information, but said a female inmate who was booked in on 07-10-2015, had been found deceased in her cell hanging from a large trash bag. Ranger ELLISON arrived at the Waller County Sheriff's Office, hereinafter referred to as the 'WCSO', at approximately 10:32 AM, and began the investigation.

2. Ranger ELLISON entered the WCSO and was met by WCSO Investigator Mike PARINELLO who advised he had already begun taking measurements of the jail cell and conducted a cursory search of the cell. Ranger ELLISON saw that WCSO Lieutenant Justin LANE and WCSO Jailer Dormic SMITH were maintaining security of cell 95.

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Ranger ELLISON entered cell 95 and observed the deceased body of an individual, later fully identified to Ranger ELLISON as Sandra Annette BLAND - B/F, DOB: 0207-1987, laying on the floor of the cell near the door. Ranger ELLISON also observed what appeared to be a transparent white trash bag tied to a privacy partition bracket near the ceiling of the cell. The trash bag was hanging from the bracket in the form of an apparent ligature that consisted of a loop held together by a knot on the bottom end.

3. Ranger ELLISON was told by Investigator PARINELLO that BLAND had been found hanging from the aforementioned ligature tied to the privacy partition. Jail staff entered the cell, removed the ligature from around BLAND'S neck, placed her on the floor, and began CPR. WCSO jail staff continued CPR until EMS personnel arrived and pronounced BLAND deceased at approximately 9:06 AM. BLAND was the only individual in cell 95, which was designed to hold five inmates. Ranger ELLISON was informed that per the WCSO Hourly Observation Log, BLAND was found at approximately 8:54 AM, and had been previously checked on at 7:05 AM and 8:01 AM this date. Ranger ELLISON was also told there were four other female inmates directly across the hall in cell 54.

4. Ranger ELLISON learned from the jail staff, to include Jailer Dormic SMITH, that BLAND had not been eating her food and repeatedly asked to use the phone at the booking desk. Jailer SMITH stated BLAND would not use the phone in her cell apparently because she could not get anyone to answer the phone to help her. Jailer SMITH further advised he let BLAND use the booking desk phone on several occasions on Saturday, 07-11-2015. He heard her talk to someone briefly and when she called this person back, Jailer SMITH said it appeared she was sent to voicemail as she became visibly upset and was crying. Jailer SMITH said that BLAND was calling the '832' number on her booking sheet and he knew this because he dialed it for her. Jailer SMITH stated he heard BLAND say she had no money, just got a new job at Prairie View A&M University (PVAMU), and that she did not do anything wrong. Jailer SMITH agreed to be interviewed by Ranger ELLISON, which will be documented in a subsequent report.

5. Investigator PARINELLO advised BLAND had been arrested on Friday, 07-10-2015, by a Texas Department of Public Safety (DPS) Trooper for Assault - Public Servant. Ranger ELLISON later learned the Trooper who arrested BLAND was Trooper I Brian ENCINIA of the Hempstead Highway Patrol Office. Additionally, WCSO Jail Administrator Joe HESTER told Ranger ELLISON that BLAND was in the cell by herself based on the jail's classification matrix which indicated she was a potential threat to other inmates and/or an escape risk. Chief HESTER told Ranger ELLISON that BLAND was not in the cell by herself for punitive measures. Her placement was based solely on the classification matrix which included the type of offense BLAND was arrested for and it took any prior arrests and convictions into consideration, as well.

6. The scene was as follows:

The Waller County Sheriff's Office was located at 701 Calvit Street in Hempstead, Texas. The front door of the facility faced south towards Calvit Street and the jail was housed within the same building. Upon entering the front door and lobby, access must be gained to enter a secondary entrance door into the main hallway of the facility. Walking north through the hallway, the main entrance to the jail was straight ahead and a hallway to the right, or east, could be taken to enter the

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dispatch area and administrative and patrol offices. Upon entering the main secured door into the jail to the north, the control room was to the left, or west, and a second secure door constructed of steel bars, gray in color, and identified as door '8' was opened to allow entry into the booking area of the jail. The booking area consisted of the booking desk on the west wall, and two holding cells on the north wall. A storage room and an office were on the east wall. There was a bench near the storage room constructed of wooden slats and a steel frame. Above the bench and near the same storage closet was a camera head attached to the ceiling and encased in a plastic cover.

7. Continuing north and past the holding cells was the hallway to the female inmate wing of the jail. Food tray slots and observation windows were affixed to both exterior walls of cells 95 and 54, which housed female inmates. A secure door, or 'crash gate', constructed of tan colored steel bars and a locking mechanism, separated the food tray slots and observation window area of the hall from the entrance doors to the cells. The door to cell 95 was on the west wall of the hallway and the door to cell 54 was on the east wall. The hallway terminated at door number 55, which was a secure door leading to an external recreation area. The door to cell 95 was constructed of steel, contained a locking mechanism and there was an observation window near the upper portion of the door that could be closed with a hinged panel.

8. On the north wall of cell 95 was a silver colored sink and above it was a metal shelf which held a flat screen television. Continuing west along the north wall was a large gray in color privacy partition that separated the toilet and shower area of the cell from the front door area. The privacy partition protruded from the north wall and south into the cell approximately 70 inches. The privacy panel was approximately 69 inches wide and 47 3/4 inches tall and was approximately 15 1/2 inches off of the floor. There were 77 holes cut into the metal so the view was not completely blocked. These holes were approximately one inch in diameter. The privacy panel was attached to a support pole on the south end that was affixed to the floor and ceiling and made of what appeared to be square metal tubing. The support pole was attached to a 'U' shaped bracket which was welded to the metal ceiling at two locations to avoid a vent in the ceiling. The crossbar of the 'U' bracket was approximately 30 inches in length and the risers that were welded to the metal ceiling were approximately six inches tall. The support pole was approximately 87 1/2 inches from the floor to the bottom of the 'U' bracket crossbar. (Note the ceiling of cell 95 was approximately 7 foot 11 3/4 inches, or what would normally be considered an 8 foot ceiling).

Ranger ELLISON later learned from WCSO Sheriff Glenn SMITH that the partition was added to the cell so the female inmates could have privacy while showering or using the toilet when jail staff came to the cell to conduct a security check.

9. Attached to the 'U' bracket crossbar was the aforementioned trash bag, or trash can liner, that was apparently used as a ligature. The ligature was wrapped around and tied to the 'U' bracket crossbar on the west side of the partition. The distance from the bottom of the 'U' bracket to the bottom of the loop portion of the ligature was approximately 31 inches. The loop of the ligature was intact and was held in place with what was later described to Ranger ELLISON as a slip knot. The distance from the bottom of the loop to the floor was approximately 57 inches.

10. Continuing along the north wall and to the west was a metal toilet attached to

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the floor and wall. Next to the toilet was a large black trash can sitting off of the wall a short distance and approximately 30 gallons in size. The trash can had a large clear trash bag, or liner, in it that contained trash, which will be described in a subsequent detail. In the northwest corner of the cell was the shower that measured approximately 37 inches wide and 30 inches deep. The shower entrance, which faced south, was covered with a white plastic shower curtain which hung by what appeared to be a braided rope made of plastic. The shower was empty and did not contain any items of evidentiary value. On the west wall, and in close proximity to the shower, was what appeared to be a metal towel rack with four metal pegs that pointed toward the ceiling. There was an apparent religious necklace with a blue cross attached to it hanging from one of the pegs. Also attached to the west wall and situated in the southwest corner of the cell was a metal bed frame, or bunk, and it was also attached to the south wall. There were two bunks, one on top of the other (more commonly known as 'bunk beds') and the structure was designed to sleep two inmates. Next to the metal bed frame and attached to the south wall was a metal shelf that apparently served as a table.

11. Continuing east along the south wall was another set of metal framed 'bunk beds' designed to sleep two inmates. The head of the metal framed bunk bed was attached to the south wall and was supported on the north end by a piece of metal attached to the ceiling. The aforementioned bunk beds and table did not contain any items of evidentiary value nor were there any mattresses, sheets, pillows or bed coverings on any of the beds.

Continuing east along the south wall, there was another metal shelf that apparently served as a table and a single-person bunk attached to the south wall. The single-person bunk appeared to have been the bunk used by BLAND as it contained a light blue colored mattress, a dark blue bed cover, and a dark gray wool blanket with a light blue stripe in the material. Also on the mattress was a cardiac monitoring sheet left by EMS and a list containing inmate information used by EMS to obtain BLAND'S identifiers. The shelf/table attached to the south wall and to the west of this bunk contained two books, one titled '101 Ways to Find God's Purpose in Your Life' and the other was titled 'God's Word', or a Bible. The Bible was opened to pages 428-429, Psalms 119-122. Investigator PARINELLO informed Ranger ELLISON that he had already moved the two books while looking for any handwritten notes left by BLAND. The Bible had been found open on the aforementioned pages and the other book was closed. There were also a pair of orange jail issued shoes on the floor on the east side of the bunk.

12. To the east of this bunk was another table affixed to the south wall. There was a white towel, an empty white Styrofoam cup, a clear plastic bag containing toiletries (such as a toothbrush, toothpaste, comb and soap) on the table. There was also another empty small white cup and a brown paper sack that contained a bag of chips, two uneaten sandwiches wrapped in plastic, and a small unopened pack of graham crackers. There was a sheet of paper on the table that was an apparent list of rules of the jail which Ranger ELLISON later learned were given to inmates during the booking process. There were also two small squares of paper with handwritten notes. The first paper square had 'Bland, Sandra Annette, PID# 290684' handwritten on one side. The second paper square had '832-594-0942 Friend' handwritten on one side and '2101 Hayes Road 1416 Houston, TX 77077' handwritten on the other. Ranger ELLISON was told by jail staff that the PID number was BLAND'S access code for the telephone in the cell. The jail staff had written the phone number and address down on the small squares of paper for BLAND.

13. There was a stool affixed to the floor next to and east of the aforementioned

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table. In the southeast upper corner of the cell was a metal shelf that contained multiple books and games which belonged to the WCSO. On the east wall and near the corner was the food tray slot and the observation window above it. There was a gray plastic stool sitting on the floor near the food tray slot. To the north of the observation window there were four pieces of paper affixed to the east wall that appeared to be calendars and food menus, all handwritten. There was a telephone affixed to the east wall. Continuing north and near the main entrance/exit door of the cell was an intercom which could be used to contact the control room.

14. BLAND was found to be laying in a diagonal position in the open area of the cell floor with her feet near the north end (or foot) of her bunk, and with her head pointing toward the door of the cell. Ranger ELLISON was told BLAND was placed in that area of the cell after she was removed from the ligature so jail staff would have room to perform CPR. BLAND'S jail issued shirt was partially raised and exposed her abdominal area, which appeared to be free of any injuries. Wire leads and packaging left by EMS personnel were laying on top of BLAND'S body. The packaging appeared to be the container for defibrillator pads. The wire leads stretched from under BLAND'S shirt and terminated at a gray connector that was laying near her right leg. BLAND was not wearing socks or shoes and there was a tattoo on top of her left foot in the shape of a cross, a heart, and the word 'Daddy' written inside of a banner.

15. BLAND was found to be wearing orange jail issued clothing that consisted of pants, an undergarment, and a short sleeved top which appeared to be intact. BLAND was laying on her back, her arms were out to her sides, and her palms were facing up. There were no apparent injuries to BLAND'S hands, fingers, and fingernails. Ranger ELLISON observed what appeared to be multiple faint scars on the underside of her left forearm which was facing up. These faint scars appeared to be healed or healing and did not appear open. There was an apparent small cut on BLAND'S right wrist. Ranger ELLISON observed an apparent ligature mark on BLAND'S neck. In the position BLAND was laying, the ligature mark was visible from the area of the neck below the chin and around the right side of the neck to the hairline on the back of the head. There were no other injuries observed to the head or face.

16. Ranger ELLISON and Investigator PARINELLO both searched the trash from the previously described trash can that was near the toilet and shower. The search revealed numerous items of paper trash which appeared to be wads of toilet paper, multiple empty white Styrofoam cups, a chip bag containing orange peels, a peeled banana, an open pack of graham crackers, an uneaten sandwich in plastic wrap, an empty Styrofoam instant noodle container, an empty clear plastic soft drink bottle and various other food packaging and paper. Nothing of evidentiary value was found or collected from the search of the materials in the trash can.

For further details of the above described scene at the WCSO and cell 95 as it was found by Ranger ELLISON, refer to Exhibit 1.1 (DVD containing the photographs taken by Ranger ELLISON).

17. Waller County Precinct 1 Justice of the Peace Charles KARISCH was notified of the death investigation at approximately 10:45 AM, and arrived at the WCSO Jail at approximately 11:39 AM, this same date. Judge KARISCH conducted an inquest investigation into the death of BLAND and subsequently ordered an autopsy be conducted by the Harris County Medical Examiner's Office (also known as the Harris

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County Institute of Forensic Sciences, or HCIFS). Additionally, McWilliams Funeral Home of Hempstead arrived at approximately 12:10 PM.

18. At approximately 12:14 PM, the ligature was cut down by WCSO Lieutenant LANE and collected by Ranger ELLISON (Exhibit 1.2). Ranger ELLISON observed Lieutenant LANE, who was wearing protective gloves, cut the ligature down by cutting through the plastic on top of the previously described metal crossbar so the upper knot would remain intact. Ranger ELLISON placed the ligature into a brown paper sack and placed it into the body bag with BLAND'S body. Ranger ELLISON filled out a red plastic tag which served as the seal for the body bag and its contents. Lieutenant LANE sealed the body bag at the request of Ranger ELLISON and he noted the time on the tag at 12:20 PM. BLAND'S body was then removed from the cell and transported to the HCIFS by McWilliams Funeral Home at approximately 12:30 PM.

19. Ranger ELLISON and Investigator PARINELLO continued to document the scene and took additional measurements of the cell. Investigator PARINELLO advised he would be constructing a crime scene diagram and writing an investigative report for his agency.

20. Ranger ELLISON met and conferred with the day shift jailers who were on duty when BLAND was found. The following jail staff were on duty and working the jail floor this date: Deputy Jailer Cynthia WHIDDEN, Jailer Dormic SMITH, Jailer Rafael ZUNIGA, and Jailer Michael SERGES. Jailer Matthew MILLS was the day shift control room operator this date. Ranger ELLISON learned from the jailers that the shifts at the WCSO were as follows: Day shift was from 7:00 AM to 7:00 PM and night shift was from 7:00 PM to 7:00 AM. Breakfast was served anywhere from 5:00 AM to 6:30 AM. Deputy Jailer WHIDDEN told Ranger ELLISON that she found BLAND hanging in her cell when she went to ask her if she wanted to go to recreation.

21. Ranger ELLISON conferred with WCSO Investigator Marc LANGDON and inquired about the camera system in the jail. Investigator LANGDON advised he could make a backup copy of the footage from the previously described camera in the booking area. Investigator LANGDON advised the camera faced the two holding cells in the booking area and the hallway that led to cells 95 and 54, or the female wing of the jail. Investigator LANGDON further advised that the backup process involved making a copy from the original footage stored on the camera DVR system, which was locked in a metal protective cage that no one in the jail had access to. Ranger ELLISON asked that Investigator LANGDON make a copy of the footage within the parameters of 6:00 AM this date through 9:30 AM this date. Ranger ELLISON requested this timeframe so the footage would potentially cover security checks from the night shift, breakfast, dayshift security checks, and the finding of BLAND'S body in the cell. Ranger ELLISON received a copy of the video he requested at approximately 2:35 PM this same date (Exhibit 1.3). A summary of the video findings will be detailed in a subsequent report.

22. Ranger ELLISON also received copies of the jail intake forms filled out by jail staff as BLAND was booked into the jail. These forms included the WCSO 'Booking Sheet' that documented BLAND'S identifiers, emergency contact, the arresting officer and vehicle information, a property inventory, offense and bond information, and two small photographs. Also included were a 'Receipt of Inmate Rules and Regulations' form, an 'Inmate Inventory Check-in Sheet', a 'Suspect Information' form, a 'Decision Tree' to determine reasonable belief for a strip search, an 'Unclothed Search Form', a WCSO 'Arrest Report', 'Classification

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Notice' matrix form and a copy of BLAND'S fingerprint card (Exhibit 1.4).

Ranger ELLISON was also given a copy of the magistration paperwork that included Trooper ENCINIA'S probable cause affidavit, the 'Waller County Magistrates Admonishment Form and Warning of Constitutional Rights' form where Waller County Precinct 2 Justice of the Peace Delores HARGRAVE notified BLAND of her rights and set the bond amount at $5,000.00 (Exhibit 1.5).

23. In addition to the aforementioned intake documents, Ranger ELLISON was also given copies of the health screening forms that were part of the booking process. The forms included a 'Correctional Tuberculosis Program Symptom Screening' questionnaire, a 'WCSO Influenza/Ebola/Communicable Disease Screening Isolation Form', a 'Consent for Disclosure of Care Information and Records' form, a 'Medical Intake' questionnaire, a 'Suicide Assessment' questionnaire and a 'WCSO Screening Form for Suicide and Medical and Mental Impairments' questionnaire form.

Ranger ELLISON was also given a 'WCSO Female Intake Form' questionnaire where BLAND indicated she was not pregnant, was not taking any medication, had not recently given birth, and was not currently under the care of MHMR/Texana.

Ranger ELLISON also received a jail medication purchase form that indicated BLAND purchased two Tylenol on 07-11-2015, at approximately 3:04 PM, and two more Tylenol on 07-12-2015, at approximately 6:15 PM.

The aforementioned health related documents were retained by Ranger ELLISON as Exhibit 1.6.

24. In addition to the previously listed documents, Ranger ELLISON also received a copy of the 'WCSO Hourly Observation Log' (Exhibit 1.7) that indicated cell 95 was checked at 7:05 AM, 8:01 AM and 8:54 AM. Each hourly security check was initialed by the jailer or jailers who conducted the check.

Ranger ELLISON also received a print out (Exhibit 1.8) from WCSO Lieutenant Sherry ROCHEN which indicated BLAND did not use or make any phone calls from the telephone in her cell. Lieutenant ROCHEN advised the search was conducted using BLAND'S PID number (personal identification number) of 290684 that she was given at booking. This number coincided with the number written on one of the paper squares found on the table in her cell.

25. Chief HESTER advised Ranger ELLISON that Deputy Jailer Oscar PRUDENTE started the booking process with BLAND. Chief HESTER pointed out that the WCSO Screening Form for Suicide and Medical and Mental Impairments (refer to Exhibit 1.6) was handwritten and filled out by Deputy PRUDENTE. Chief HESTER further advised that Deputy PRUDENTE would ask BLAND the questions from the form and document her answers. After reviewing the form, BLAND indicated she had attempted suicide in the past with pills after she lost a baby. BLAND also indicated she had been very depressed in the past and also indicated she felt depressed now (at the time of

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her booking). The time noted on the screening form by Deputy PRUDENTE was approximately 5:32 PM, 07-10-2015. Chief HESTER also told Ranger ELLISON that Deputy PRUDENTE did not complete the booking process due to other duties he needed to finish before shift change. BLAND was kept in a holding cell near the booking desk until night shift Jailer Elsa MAGNUS could complete the booking process later that evening. Chief HESTER advised he would be in contact with Deputy PRUDENTE for an interview with Ranger ELLISON.

26. In addition to the screening form filled out by Deputy PRUDENTE at BLAND'S initial intake into the jail, Ranger ELLISON reviewed the Medical Intake and Suicide assessment forms completed by WCSO Jailer Elsa MAGNUS. Instead of handwriting these forms they were computerized. The format of asking the questions and receiving an answer from the inmate, or BLAND in this case, was still utilized. Ranger ELLISON noted the following questions answered by BLAND upon his initial review of this document:

6. Epilepsy? Yes. Inmate stated she had epilepsy 7. Drug addiction? No 8. Alcoholism? No 9. Mental illness? No 12. Attempted suicide? No 20. Pregnant? No

For complete details of the answers given by BLAND to the 20 questions on this form, refer to Exhibit 1.6 ('Medical Intake' form).

27. The Suicide Assessment form completed by Jailer MAGNUS was also reviewed by Ranger ELLISON. It was again noted BLAND said she had epilepsy and she was taking a medication known as Keppra. The following questions were noted by Ranger ELLISON upon the initial review of this document:

10. Have you ever been depressed? No 11. Do you feel this way now? No 12. Have you had thoughts of killing yourself in the past year? No 13. Are you thinking about killing yourself today? No 14. Have you ever attempted suicide? Yes. If yes, When? Why? How? In 2015, lost baby, by taking pills

This form was completed by WCSO Jailer MAGNUS on 07-10-2015, at approximately 8:18 PM.

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Refer to Exhibit 1.6 ('Suicide Assessment' form) for complete details of the 22 questions and answers provided by BLAND.

28. Ranger ELLISON began the interview process this date with WCSO Deputy Jailer Oscar PRUDENTE, WCSO Lieutenant Sherry ROCHEN, and WCSO Deputy Jailer Cynthia WHIDDEN. The following are summaries of the interviews. The following summaries do not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussions. Exhibit 1.9 contains a verbatim account of the interview of Deputy Jailer PRUDENTE, Exhibit 1.10 contains a verbatim account of the interview of Lieutenant ROCHEN, and Exhibit 1.11 contains a verbatim account of the interview of Deputy Jailer WHIDDEN. WCSO Investigator PARINELLO was also present during the following three interviews.

29. Interview of WCSO Deputy Jailer Oscar PRUDENTE on 07-13-2015, at the WCSO, at approximately 1:30 PM:

Deputy PRUDENTE stated he took care of the intake paperwork when BLAND came to the jail. A Prairie View Police Department Officer named Officer GOODIE was the person who transported her to the jail. BLAND claimed she did not understand why she was arrested and State Trooper ENCINIA told her she was arrested for assaulting a peace officer. Deputy PRUDENTE began the questionnaire about medical issues and BLAND stated she took medication, but could not remember what it was. BLAND told Deputy PRUDENTE that she had been depressed and was depressed on July 10th, or the day she was arrested. BLAND told Deputy PRUDENTE that she had attempted to commit suicide in 2014 because she lost a baby due to a miscarriage. She attempted the suicide with pills. Deputy PRUDENTE stated she seemed calm at the time of the questionnaire. Officer GOODIE took BLAND into another room to search her and give her a change of clothes.

30. Interview of Deputy Jailer PRUDENTE continued:

BLAND was placed in holding cell 31 while Deputy PRUDENTE and the other jailers served dinner, picked up trays, passed out medications, and did a security check. Then the shift was over. BLAND was fed while in the holding cell. He was not sure if she ate, but she did drink her tea. BLAND'S demeanor was fine and there were no issues while she was in the holding cell. Deputy PRUDENTE was only with her briefly since he was at the end of his shift. He was off duty Saturday, Sunday and Monday (the interview was conducted on his day off). Deputy PRUDENTE stated BLAND had multiple identification cards including a PVAMU student ID card and a Illinois driver license and ID card. BLAND'S main concern was how much her bond would be. Deputy PRUDENTE told her it would be Saturday before she was magistrated by a judge.

The interview ended at approximately 1:39 PM.

31. Interview of WCSO Lieutenant Sherry ROCHEN on 07-13-2015, at the WCSO, at approximately 1:50 PM:

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Lieutenant ROCHEN stated she arrived to work at 7:30 AM. Lieutenant ROCHEN stated at some point between the time she arrived to when BLAND was found, she heard BLAND on the intercom asking to use the phone. BLAND was told by control room Jailer Matthew MILLS that she could not use the phone any more since she had already received her free phone call and was even given an extra one. Lieutenant ROCHEN stated she was notified BLAND was found hanging and she went to the cell with Jailer ZUNIGA and Jailer SMITH. Lieutenant ROCHEN told Jailers SMITH and ZUNIGA to pick her up. BLAND was not all the way on the floor. Lieutenant ROCHEN grabbed BLAND around her upper body and under her arms while Jailer ZUNIGA loosened the plastic ligature from around her neck. Lieutenant ROCHEN carried BLAND to the area near the door and tried to find a pulse and there was none. Lieutenant ROCHEN began CPR, checked for a pulse again, re-initiated CPR again and then called for the nurse. Lieutenant ROCHEN stated she performed CPR compressions and pulse checks a total of four rounds. Lieutenant ROCHEN was eventually relieved of CPR when WCSO Deputy Randy LEWIS took over for her until he was relieved by EMS.

32. Interview of Lieutenant ROCHEN continued:

Lieutenant ROCHEN stated BLAND was hanging by the trash bag from the top of the partition. Her head and the back of her shoulders were up against the partition wall and her feet and legs were out in front of her. Lieutenant ROCHEN described it as if BLAND possibly stood up and leaned against the partition wall and slid down. Lieutenant ROCHEN stated she was the first person to grab her and wrapped her arms around BLAND'S upper body and stood her up face to face against the partition wall. As she held BLAND up, Jailer ZUNIGA was able to loosen the ligature by sliding the knot and making the loop larger. Lieutenant ROCHEN attempted to get her fingers under the ligature and attempted to loosen it. Lieutenant ROCHEN stated the ligature knot was on BLAND'S right side near her ear. Lieutenant ROCHEN carried BLAND over toward the door and placed her on the floor. Lieutenant ROCHEN was in charge of the jailers on the floor and their rounds. The jailers were supposed to open the cell doors and check on the inmates. If they did not, it was assumed the jailers would look through the windows or food tray slots. Lieutenant ROCHEN stated there were no briefings prior to her shift regarding BLAND or any other situation in the jail.

The interview ended at approximately 2:01 PM.

33. Interview of WCSO Deputy Jailer Cynthia WHIDDEN on 07-13-2015, at the WCSO, at approximately 2:10 PM:

Deputy WHIDDEN stated she worked Monday through Friday and she arrived this date at 7:00 AM. Deputy WHIDDEN did not conduct the security check at 7:00 AM on the female wing of the jail. Jailer ZUNIGA and Jailer SERGES were the two who did. Deputy WHIDDEN did not know who performed the 8:00 AM security check and advised she was at the booking desk assisting Jailer SMITH book an inmate into jail. Deputy WHIDDEN stated she and the other three jailers went to J Hall around 8:45 AM, and let one male inmate out for recreation. Deputy WHIDDEN and the others walked back to the front of the jail and Jailer ZUNIGA asked her to go see if any of the female inmates wanted to go to recreation. As Deputy WHIDDEN walked towards the female wing, she noticed both of the 'bean chutes', otherwise known as food

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tray slots, were open on both 'tanks', or cells 54 and 95. Deputy WHIDDEN was not aware there was anyone in cell 95 at the time.

34. Interview of Deputy WHIDDEN continued:

Deputy WHIDDEN stated she looked through the food tray slot. She saw BLAND'S left foot and thought she was sitting on one of the gray stools leaned up against the partition. BLAND'S foot was laid over to the side. Deputy WHIDDEN recalled it did not look normal and it was 'weird.' Deputy WHIDDEN looked up and saw the trash bag and realized she was hanging. Jailer ZUNIGA was behind Deputy WHIDDEN. Deputy WHIDDEN turned and grabbed Jailer ZUNIGA'S radio and told the control room operator 'she's hanging, she's hanging. Open 95.' Deputy WHIDDEN and Jailer ZUNIGA went into the cell and she saw BLAND'S tongue was protruding from her mouth. Deputy WHIDDEN stated she got on the radio again and requested EMS. Lieutenant ROCHEN came into the cell and picked her up and laid BLAND on the ground. Lieutenant ROCHEN started chest compressions and Jailer ZUNIGA checked for a pulse. Deputy LEWIS also came into the cell and performed chest compressions, as well. Deputy WHIDDEN did not know BLAND was in the cell prior to finding her and was later told BLAND had been calling repeatedly on the intercom asking to use the phone.

The interview ended at approximately 2:20 PM.
2 1. On 07-13-2015, at approximately 2:35 PM, Texas Ranger Shane ELLISON received a copy of the Waller County Sheriff's Office Jail video surveillance footage on a DVD (Exhibit 1.3) from Waller County Sheriff's Office (WCSO) Investigator Marc LANGDON (Investigator 1.9). Investigator LANGDON informed Ranger ELLISON the footage was from approximately 6:00 AM to approximately 9:30 AM, as requested. Investigator LANGDON explained any skips or jumps in the video would be due to the motion sensing function of the camera system. After so many seconds, the camera would shut off if no motion was detected and then resume as soon as it detected any motion. Investigator LANGDON also stated the clock in the video system was approximately 9 minutes 26 seconds fast.

2. The DVD containing the footage was reviewed by Ranger ELLISON, WCSO Investigator Mike PARINELLO (Investigator 1.4), Investigator LANGDON and Chief Joe HESTER (Investigator 1.6) this date. Ranger ELLISON learned the night shift jailers who were on duty this date were Jailer Randy TOMCZAK, Jailer Christopher WOOD and Deputy Jailer Michael NEELY. Both Jailer TOMCZAK and Jailer WOOD worked the floor of the jail and Deputy Jailer NEELY was the control room operator.

3. The following is a summary of the video footage from the camera in the booking area of the WCSO Jail. The camera was set to capture video of the two holding cells in the booking area and of the hallway leading to the female wing of the jail, namely cells 54 and 95. The following times are documented using the time from the video system that was noted to be approximately 9 minutes 26 seconds fast:

6:35 AM: Jailer TOMCZAK passed out breakfast trays to cells 54 and 95.

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6:51 AM: Jailer TOMCZAK and Jailer WOODS performed a security check. Jailer TOMCZAK walked into both cell 95 and cell 54 during the security check.

7:06 AM: Jailer TOMCZAK and an inmate picked up the food trays from cell 54. Jailer TOMCZAK did not retrieve a tray from Sandra BLAND as it was later learned BLAND declined her breakfast tray.

7:17 AM: Dayshift Jailer Michael SERGES opened cell 54 and pushed a mop bucket into the cell. Dayshift Jailer Rafael ZUNIGA conducted a security check and looked at BLAND through the observation window above the food tray slot. Jailers SERGES and ZUNIGA both briefly entered cell 54, exited and shut the door.

7:17 AM: Jailer SERGES looked into cell 95 through the observation window on the main cell door. Jailer SERGES walked to the food tray slot, stopped, bent over and looked into the cell at BLAND. Jailer SERGES later told Ranger ELLISON that he had a brief conversation with BLAND during this security check, which was documented later in this report.

4. Summary of WCSO Jail video footage continued:

7:18 AM: Jailers SERGES and ZUNIGA left the booking area of the jail to continue the security check. They were joined at this time by Deputy Jailer WHIDDEN.

7:24 AM: Terminix Pest Control employee Kenneth Clay BEACH entered the booking area and was observed to be spraying insecticide around different areas of the jail. BEACH briefly entered the hallway to cells 95 and 54 to spray and left. No interaction between BEACH and BLAND was noted. BEACH walked out of the hallway at approximately 7:26 AM.

9:07 AM: Deputy Jailer WHIDDEN found BLAND hanging in her cell and called for help. Jailers ZUNIGA, WHIDDEN, Dormic SMITH and SERGES entered cell 95.

5. The review of the jail video footage revealed there was no 8:00 AM security check performed in the female wing of the jail, namely cells 95 and 54. The jailers and staff were observed on the video footage to be conducting what appeared to be normal activities which included moving inmates, cleaning and preparing inmates for transport between the security check at approximately 7:17 AM through approximately 9:07 AM when Deputy Jailer WHIDDEN found BLAND.

The review of the video also revealed the door to cell 95 had not been opened since night shift Jailer TOMCZAK went into the cell to check on BLAND at approximately 6:51 AM. As noted earlier, Jailer SERGES spoke to BLAND at approximately 7:17 AM, during his security check when he leaned over and looked

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through the food tray slot to check on her.

6. Ranger ELLISON and Investigator PARINELLO noted the Waller County Sheriff's Office Hourly Observation Log (Exhibit 1.7) indicated a security check was conducted on cell 95 at approximately 8:01 AM. The log also had the initials 'RZ' and 'MS' at the end of the row to indicate who conducted the check for the hour. Ranger ELLISON and Investigator PARINELLO believed the initials were those of Jailer Rafael ZUNIGA and Jailer Michael SERGES. Refer to Exhibit 1.7 for further details.

7. Ranger ELLISON and Investigator PARINELLO began interviewing jail personnel again after reviewing the video footage. The following are summaries of the interviews conducted. The following summaries do not contain all comments made during the interviews, nor do they necessarily reflect the chronology of the discussion. Refer to the exhibit number noted in each summary for a verbatim account of the interview.

8. Exhibit 2.1 - Interview of WCSO Jailer Dormic SMITH (Witness 1.1) on 07-132015, at approximately 3:34 PM, in the WCSO interview room:

Jailer SMITH advised his shift started at 7:00 AM this date. Jailer SMITH did not see BLAND until he responded to the cell when she was found. He was booking an inmate in for Criminal Mischief and the other jailers were getting inmates ready to be transported to the Texas Department of Criminal Justice (TDCJ). Jailer SMITH participated in the first security check for the 7:00 AM hour, but not the 8:00 AM hourly check. Jailer SMITH stated it was a typical morning as far as work duties. There was no briefing regarding BLAND before the shift this date. Jailer SMITH heard a female voice over the intercom asking to use the phone. He heard Control Room Jailer Matthew MILLS tell the inmate she had already had her phone call the day she was booked in and to use the phone in her cell. Jailer SMITH was not sure what time it was when he heard this and was not sure who the inmate was.

9. Interview of Jailer Dormic SMITH continued:

Jailer SMITH stated he came to work Saturday morning (07-11-2015). He escorted BLAND out of her cell so she could appear before Judge Delores HARGRAVE to be magistrated and have a bond set. BLAND asked Jailer SMITH if she could use the phone in the booking area. BLAND gave what Jailer SMITH believed to be several excuses as to why she was not using the phone in her cell, such as: she did not receive her PID number and her PID number was not working. Jailer SMITH told BLAND he would let her make one phone call and she called the '832' number. He left it on speaker and he heard it continuously ring until the call went to voicemail. Jailer SMITH stated BLAND was frustrated and he offered to let her call again so she could leave a message. Jailer SMITH stated BLAND started crying after she left the message and told Jailer SMITH she did not do what she was being accused of, she had no money, and she just got a job that she was starting on 07-15-2015. Jailer SMITH called the 832 number again and it rang a few times and went to voicemail. Jailer SMITH believed the person on the receiving end of the call sent BLAND to voicemail. Jailer SMITH stated BLAND was 'upset pretty bad' and was crying. BLAND talked about the arrest and told Jailer SMITH how she was placed on the ground, bumped her head, and was threatened with a taser. Jailer SMITH had a

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hard time understanding BLAND due to her crying.

10. Interview of Jailer Dormic SMITH continued:

Jailer SMITH stated on Sunday (07-12-2015), he was playing church music on the computer and BLAND asked what time church started. Jailer SMITH told her that church was Saturday. He could tell that she became frustrated. When Jailer SMITH came back around on a security check, BLAND asked again to use the phone. Jailer SMITH explained to her that he already let her use the phone the day before and she needed to use the phone in her cell. Jailer SMITH stated BLAND called him to her cell and asked for a cup of water. BLAND told Jailer SMITH the water coming from the sink was brown and she handed him a Styrofoam cup. Jailer SMITH took the cup and went to the restroom in the booking area and got BLAND a cup of water. When he returned to BLAND'S cell, she asked for two Tylenol. Jailer SMITH gave BLAND two Tylenol at approximately 6:15 PM. Jailer SMITH stated he did not remember feeding BLAND at all. While sitting at the booking desk, he heard one of his co-workers ask BLAND if she was sure she did not want to eat and if she had an appetite. Jailer SMITH did not believe BLAND was eating.

11. Interview of Jailer Dormic SMITH continued:

Jailer SMITH stated BLAND told him that she had changed her life and drove from Chicago, Illinois for a job. He never once thought she was suicidal, but she appeared to be in a state of disbelief about what was happening to her. BLAND never mentioned any relationships or boyfriends. BLAND knew the 832 phone number 'by heart' and Jailer SMITH thought it was odd she called a Houston phone number versus a number from Chicago.

The interview ended at approximately 3:54 PM.

12. Exhibit 2.2 - Interview of WCSO Deputy Randy LEWIS (Witness 1.9) on 07-132015, at approximately 3:56 PM, in the WCSO interview room:

Deputy LEWIS stated he was in the patrol room writing a report when someone came in and reported an inmate hanging in the jail. Deputy LEWIS, Lieutenant Justin LANE and Deputy Mike HENDERSON responded to the jail. Deputy HENDERSON stayed behind at the main door to the jail so he could let EMS in when they arrived. Deputy LEWIS entered the cell and he observed a female inmate on the floor and on her back with her arms outstretched. Lieutenant Sherry ROCHEN was performing chest compressions and he asked if she needed to be relieved. Deputy LEWIS attempted mouth to mouth breathing with a protective CPR mask which covered BLAND'S nose and mouth. Deputy LEWIS stated air would not go in and BLAND'S lungs did not rise. Deputy LEWIS put the mask down and took over chest compressions from Lieutenant ROCHEN. Deputy LEWIS witnessed EMS put monitors and defibrillation pads on BLAND and he continued chest compressions until he was told to stop by EMS. Deputy LEWIS assisted EMS take their equipment out of the cell and then he left and went back to the patrol room.

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The interview ended at approximately 4:04 PM.

13. Exhibit 2.3 - Interview of WCSO night shift Jailer Randy TOMCZAK on 07-132015, at approximately 4:11 PM, in the WCSO interview room:

Jailer TOMCZAK stated he first encountered BLAND during the first security check when his shift started at 7:00 PM on Sunday, 07-12-2015. He had been off duty for the previous four days. Jailer TOMCZAK entered BLAND'S cell during the first security check and BLAND looked up at him. He spoke to BLAND and she responded with 'hi.' Jailer TOMZCAK later returned to her cell to drop off a bucket for laundry. Jailer TOMCZAK went in the cell to drop it off and to explain the laundry process to her. He came back later to get the laundry bucket and it was empty. He asked if BLAND wanted her clothes washed and she turned, smiled and told him 'no sir cause this is the only clothes I got.' Jailer TOMCZAK told her to let him know if she wanted her clothes washed and he would come back and change them out for her. BLAND replied 'thank you.' He performed a security check every 50 minutes and BLAND always smiled and did not give him any trouble.

14. Interview of Jailer Randy TOMCZAK continued:

Jailer TOMCZAK stated that at breakfast BLAND declined to take a food tray so he offered to set it aside for her in case she changed her mind. BLAND told him 'okay, thank you.' Jailer TOMCZAK stated every time he talked to her, she said she was fine. During the last security check at the end of his shift, Jailer TOMCZAK stepped into BLAND'S cell and told her that he would probably see her tonight and she replied 'ok.' She gave him no indicators anything was wrong and that she was better than anyone else in the jail during his shift. Jailer TOMCZAK did not see or hear BLAND interacting with the other female inmates across the hall.

The interview ended at approximately 4:19 PM.

15. During a break in the interviews of the WCSO jail personnel, Ranger ELLISON contacted the arresting officer, DPS Trooper Brian ENCINIA. Trooper ENCINIA advised Ranger ELLISON he was about to leave town to go work at the Texas/Mexico border and would be gone for several days. Ranger ELLISON asked that he come to the WCSO for a brief meeting. Trooper ENCINIA arrived as requested and brought with him a copy of the rough draft of his arrest report, a copy of the video of the traffic stop on a DVD, and a compact disc which contained the photographs he took of his injuries. Trooper ENCINIA advised the report was not final and had not been approved by his supervisor. Trooper ENCINIA and Ranger ELLISON met briefly and he explained the events of the arrest. Trooper ENCINIA stated he requested another officer over the radio to back him up during the traffic stop and Prairie View Police Department Officer Penny GOODIE arrived to help him. Officer GOODIE inventoried BLAND'S vehicle and also transported BLAND to the WCSO. Trooper ENCINIA pointed out that BLAND was apparently on her phone talking to someone during the stop, but he did not retain custody of her phone after the arrest. BLAND'S vehicle was towed by Crown Towing and was in storage at Waller County Paint and Body storage lot in Hempstead. Ranger ELLISON retained the DVD copy of the traffic stop, or dash-cam video, and the compact disc containing the photographs of Trooper ENCINIA'S injuries as Exhibit 2.4.

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16. Exhibit 2.5 - Interview of Wharton County Sheriff's Office Deputy Jailer Matthew MILLS (Witness 1.5) on 07-13-2015, at approximately 4:55 PM, in the Wharton County Sheriff's Office interview room:
Deputy Jailer MILLS stated his shift started at 7:00 AM on Saturday (07-11-2015). BLAND used the intercom and asked to use the phone. BLAND was allowed to come out of her cell before she appeared before the judge and was allowed to use the phone on the booking desk. Deputy Jailer MILLS did not remember who got her out of the cell. BLAND talked to someone and he heard her say that she did not do anything wrong and she did not know why she was pulled over. Deputy Jailer MILLS did not know the number BLAND dialed, but stated the number should still be on the call history log on the phone. Deputy Jailer MILLS stated he was not sure how far back the call history log went. BLAND talked about 5 to 10 minutes and he heard her raise her voice when she was saying that she did not do anything. On Sunday (0712-2015), BLAND called the control room several times on the intercom and asked to use the phone. Deputy Jailer MILLS explained to BLAND there was a phone in her cell and she was already allowed to make a free phone call the day before. BLAND asked to use the phone again this morning (07-13-2015) via the intercom and again she was told no. He did not know what time it was when BLAND asked to use the phone, but he guessed somewhere between 7:30 AM and when Deputy Jailer WHIDDEN found her. Deputy Jailer MILLS did not observe any indicators BLAND was going to hurt herself. He did not observe BLAND crying nor did she say her PID number for the cell's phone was not working. Deputy Jailer MILLS had to repeatedly tell her there was a phone in her cell and she would not be allowed to use the booking desk phone. Deputy Jailer MILLS stated he would check the call history log and attempt to obtain the number BLAND called on Saturday.
The interview ended at approximately 4:59 PM.
17. Exhibit 2.6 - Interview of Deputy Jailer Michael SERGES (Witness 1.4) on 0713-2015, at approximately 5:05 PM, in the WCSO interview room:
Deputy Jailer SERGES came to work on Saturday, 07-11-2015, at 7:00 AM. He observed BLAND meet with the judge and saw she was upset and crying afterward. BLAND talked to someone on the phone for about four minutes after she met with the judge and Jailer SMITH let her use the phone. Deputy Jailer SERGES did not know what number she dialed. On Sunday, she did not want to eat. BLAND would not take a food tray or drink, but would accept a 'Johnny sack', which was a slang term for a sack lunch. He was not sure when a mop bucket would have been put in her cell, prior to his shift. He explained the mop buckets that were passed out to the inmates usually had a trash bag tied to the broom or mop. He was sure they put a mop bucket in cell 54. A mop bucket was not placed in cell 95 because BLAND refused it. Deputy Jailer SERGES did not physically go into her cell, but talked to BLAND through the tray slot. Deputy Jailer SERGES knew she was not eating and he asked if she was okay. She replied 'I'm good.'
18. Interview of Deputy Jailer Michael SERGES continued:

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Deputy Jailer SERGES stated he talked to BLAND this morning (07-13-2015) during the first security check. BLAND was sitting up on her bunk and he asked her if she was alright. BLAND was sitting up talking with her back against the wall and she told Deputy Jailer SERGES that she was 'good.' Deputy Jailer SERGES, Jailer ZUNIGA and Jailer SMITH passed out the mop buckets and did the initial headcount. Deputy Jailer SERGES and Jailer ZUNIGA then got three inmates ready for transport to TDCJ around 8:00 AM. Jailer SMITH was booking an inmate in about the same time and Deputy Jailer SERGES took his inmate to J-Hall. Deputy Jailer SERGES, Jailer SMITH, Jailer ZUNIGA, and Deputy Jailer WHIDDEN then went to the gym area and cleaned the area with a blower. Deputy Jailer SERGES did not see BLAND from the time he saw her at around 7:00 AM until she was found by Deputy Jailer WHIDDEN. Deputy Jailer SERGES stated he and the others were busy getting the inmates ready for transport and was not sure if the security check for the 8:00 hour occurred.

19. Interview of Deputy Jailer SERGES continued:

Deputy Jailer SERGES heard BLAND and the other females across the hall talking, but he could not understand what was being said. He heard BLAND repeatedly ask to use the phone and that her PID number was not working so she was allowed to use the house phone. He did not initial or fill out the WCSO Hourly Observation Log and did not know who completed the security check after BLAND was found. When Deputy Jailer WHIDDEN found her, Deputy Jailer SERGES went into the cell and saw BLAND hanging. He and Jailer ZUNIGA helped get her down. Lieutenant ROCHEN began chest compressions when she was taken down and he left the cell.

The interview ended at approximately 5:35 PM.

20. Exhibit 2.7 - Interview of WCSO Jailer Rafael ZUNIGA (Witness 1.3) on 07-132015, at approximately 5:46 PM, in the WCSO interview room:

Jailer ZUNIGA stated he returned to work on Saturday, 07-11-2015, at 7:00 AM. He was told there was an aggressive female inmate in cell 95. The female inmate was housed by herself due to the aggressive offense she was arrested for and her classification. BLAND did not want to clean her cell and they did not give her a mop bucket on Saturday morning. BLAND then asked Jailer ZUNIGA if she could use the phone because she was promised a phone call by someone on the previous shift. Jailer SMITH pulled BLAND out of her cell, around 9:00 AM or 10:00 AM, and before she saw the judge. BLAND used the phone about three times and attempted to find someone to bond her out. Jailer ZUNIGA recalled that BLAND talked to her sister and told her that she did not do anything wrong and she was the one who was assaulted. BLAND dialed the numbers from memory. BLAND told Jailer ZUNIGA that she just arrived from Chicago and just got a new job at Prairie View A&M University in a special program. BLAND was supposed to start the new job this date (07-13-2015).

21. Interview of Jailer Rafael ZUNIGA continued:

Jailer ZUNIGA stated during every security check on Saturday, BLAND would ask to use the phone. BLAND started crying after the judge set her bond at $5,000.00. Jailer ZUNIGA stated letting an inmate use the booking desk phone was normal so

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they could attempt to get a bond set. BLAND did not eat her food from the tray, but accepted a sack lunch around 5:00 PM on Saturday. On Sunday, BLAND was still asking to use the phone repeatedly. BLAND again did not accept a food tray, but did accept another sack lunch. Jailer ZUNIGA heard BLAND talking to the other female inmates, but he did not hear anything which indicated she wanted to harm herself. BLAND was mad she had been arrested. Jailer ZUNIGA did not know how she got the trash bag. BLAND did not get a mop bucket on Saturday, Sunday or Monday. Jailer ZUNIGA stated an extra trash bag could have been inside the trash can underneath the bag that was being used. He did not give her a trash bag and did not know of anyone else who gave her one.

22. Interview of Jailer Rafael ZUNIGA continued:

On Monday (07-13-2015) mop buckets were passed out and one was placed in cell 54. Jailer ZUNIGA looked into BLAND'S cell through the tray slot and saw her covered up laying in bed. Jailer ZUNIGA received instructions from control room Jailer Matthew MILLS to start getting three inmates ready for transport around 8:00 AM. Jailer SMITH was booking someone into jail around this time and Deputy Jailer WHIDDEN was at the desk with him. Jailer ZUNIGA continued to get the inmates ready for transport. Jailer ZUNIGA, Jailer SERGES, Jailer SMITH and Deputy Jailer WHIDDEN went to clean the recreation yard with a blower. Jailer ZUNIGA then asked Deputy Jailer WHIDDEN to go ask the females if they wanted to go to recreation. Jailer ZUNIGA stated he and Jailer SERGES were about to start a security check and he (ZUNIGA) was close behind Deputy Jailer WHIDDEN when she approached cell 95. Deputy Jailer WHIDDEN turned and told him 'this woman is hanging' and she grabbed his radio from his chest. Deputy Jailer WHIDDEN told the control room operator (MILLS) that BLAND was hanging. Jailer ZUNIGA entered the cell and he saw BLAND hanging from the partition from a plastic trash bag. Jailer ZUNIGA loosened the knot when Lieutenant ROCHEN picked her up and he removed the loop from around her neck. Lieutenant ROCHEN began chest compressions until EMS took over and WCSO Assistant Jail Chief Lanny THIBIDEAUX told Jailer ZUNIGA to go finish his security check.

23. Interview of Jailer Rafael ZUNIGA continued:

Jailer ZUNIGA stated he heard BLAND on the intercom this morning asking to use the phone. He was not sure what time it was, but thought it was maybe about 30 minutes before they went to ask the females for recreation. When BLAND was found hanging in her cell, that was his second contact with her. He was the person who filled out the WCSO Hourly Observation Log by documenting the times that the rounds were conducted and by writing the initials of the jailers on the form. He was not physically in front of BLAND'S cell during the 8:00 AM security check because he was in another area of the jail getting inmates ready for transport. He assumed his co-workers performed the security check on the female wing of the jail, or cells 54 and 95.

The interview ended at approximately 6:10 PM.

24. Pursuant to the information reported by Deputy Jailer MILLS and the phone call history log, Ranger ELLISON was told by Investigator LANGDON that the log on the phone did not go back to Saturday or Sunday. Investigator LANGDON explained the

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phone in question on the booking desk was used frequently and the caller ID list only retained the last 21 phone calls. Ranger ELLISON later requested a report generated from the phone on the booking desk in order to retrieve the phone numbers BLAND called on Saturday, 07-11-2015. Ranger ELLISON was told by ICS Senior Account Executive Natalie HANSON there was not a reporting option on the WCSO phone system which would allow for detailed call logs. ICS was the phone vendor contracted with the WCSO and HANSON was the company representative. Additionally, the phone BLAND used was not a recorded line.
3 1. On Monday, 07-13-2015, Texas Ranger Shane ELLISON and WCSO Investigator Mike PARINELLO (Investigator 1.4) interviewed the female inmates who were housed in cell 54, across the hall from Sandra BLAND. The following are summaries of the interviews conducted. The following summaries do not contain all comments made during the interviews, nor do they necessarily reflect the chronology of the discussion. Refer to the exhibit number noted in each summary for a verbatim account of the interview.

2. Exhibit 3.1 - Interview of WCSO inmate Natasha SANTEE on 07-13-2015, at approximately 6:19 PM, in the WCSO interview room:

Inmate SANTEE stated she was already incarcerated on Friday, 07-10-2015, when BLAND was booked into jail. Inmate SANTEE talked to BLAND yesterday (Sunday, 0712-2015) and BLAND said she wanted to use the phone. She could not get in touch with her family, who were from Chicago. As far as inmate SANTEE knew, BLAND did not get in touch with her family and advised BLAND moved her belongings in with someone from Prairie View when she moved here. Inmate SANTEE did not know this person's name, but he was a male and BLAND kept calling this person and she was sent to voicemail. BLAND was mad about getting sent to voicemail. BLAND never got anyone on the phone and explained that if your family did not set up an account for the phone in the cell, then it could not be used. Inmate SANTEE again stated BLAND said she got to use the phone on Saturday. She tried to call the person from Prairie View and kept getting sent to voicemail and she was mad about it.

3. Interview of inmate SANTEE continued:

Inmate SANTEE stated BLAND did not eat or drink at all while she was in jail. BLAND told SANTEE yesterday that she did not feel like eating and said 'that's not real food they're feeding y'all.' BLAND did not eat the sack lunch sandwiches, either. Inmate SANTEE talked to BLAND for over an hour yesterday and she did not appear to be depressed, but she was crying and wanted to use the phone. BLAND seemed to really want to talk to the person who had her belongings in Prairie View. Inmate SANTEE did not detect any indicators that BLAND might hurt herself. BLAND told inmate SANTEE that she was down here to go to school and to start a new job on Wednesday (07-15-2015). Inmate SANTEE stated there was no mistreatment from the WCSO staff. BLAND did not say anything about drug use, having kids or about seeing a doctor. Inmate SANTEE stated she and an inmate known as 'Alex' talked to BLAND yesterday. The female inmate who bonded out this date did not talk to BLAND and just got to the jail last night. Inmate SANTEE did not think BLAND was going to harm herself and stated that if she would have known, she would have asked for BLAND to move in with them (in cell 54).

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4. Pursuant to the interview of inmate SANTEE, the female inmate who bonded out this date was identified as Jennifer Ann WESTERMAN. WESTERMAN was arrested on 0712-2015, at approximately 8:30 PM, and booked into the jail. Texas Ranger Jeff OWLES interviewed WESTERMAN at a later date. Refer to Ranger OWLES' report for further details of the interview.

5. Exhibit 3.2 - Interview of WCSO inmate Alexandria PYLE on 07-13-2015, at approximately 6:40 PM, in the WCSO interview room:

Inmate PYLE stated she was already incarcerated on Friday, 07-10-2015, when BLAND was booked into the jail. Inmate PYLE stated she talked to BLAND on Sunday (07-122015). BLAND refused to talk to her and the other inmates prior to Sunday. BLAND said she came down from Chicago for a job and to go to school. BLAND told inmates PYLE and SANTEE the State Trooper accused her of beating him up. BLAND told inmate PYLE the food was really bad. Inmate PYLE noticed she was not eating or drinking at all. Inmate PYLE could see BLAND through the food tray slot and saw her reading. BLAND showed her and inmate SANTEE scratches on her back and bruises on her arm. Inmate PYLE could not really see the injuries through the food tray slot. Inmate PYLE did not detect any indication BLAND was going to hurt herself. BLAND told inmate PYLE the person she moved her belongings in with was not answering the phone. BLAND thought it was 'bullshit' she was in jail. BLAND tried to give inmate PYLE a sandwich last night. She had no contact with her this morning. Inmate PYLE wished she could have talked to her more.

The interview ended at approximately 6:50 PM.

6. Exhibit 3.3 - Interview of WCSO inmate Amber KENT on 07-13-2015, at approximately 6:55 PM, in the WCSO interview room:

Inmate KENT stated she did not talk to BLAND, but inmates SANTEE and PYLE did. Inmate KENT knew from her cellmates that BLAND came here to go to school. Inmate KENT knew she wanted to use the phone. Inmate KENT stayed in her bunk and did not communicate with BLAND.

The interview ended at approximately 6:56 PM.

7. Exhibit 3.4 - Interview of WCSO Jailer Christopher WOOD on 07-13-2015, at approximately 7:06 PM, in the WCSO interview room:

Jailer WOOD stated he returned to work his shift on Sunday, 07-12-2015, at 7:00 PM. Jailer WOOD knew BLAND was in cell 95 through the security checks. Jailer TOMCZAK would enter her cell and check on her. Jailer WOOD never communicated with BLAND. Jailer WOOD at first stated BLAND must have eaten because she picked up her tray when he handed it to her. Jailer WOOD did not pick up BLAND'S tray and did

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not know for sure if she ate. Jailer WOOD stated the last security check was at 6:45 AM, and he did not observe anything unusual with BLAND.

The interview ended at approximately 7:10 PM. (Note: the time was mistakenly stated on the recording as 7:11 PM. The correct time was approximately 7:06 PM).

8. Exhibit 3.5 - Interview of WCSO Deputy Jailer Michael NEELY on 07-13-2015, at approximately 7:15 PM, in the WCSO interview room:

Deputy NEELY stated he was assigned to the night shift and returned to work his shift on Sunday, 07-12-2015, at 7:00 PM. He never talked to BLAND since he was in the control room the whole time. Deputy Jailer NEELY stated BLAND never called him on the intercom. He opened the door to cell 95 at every security check so the jailers could go inside the cell.

The interview ended at approximately 7:17 PM.
4 1. On Tuesday, 07-14-2015, Texas Ranger Shane ELLISON and Waller County Sheriff's Office Investigator Mike PARINELLO (Investigator 1.4) attended the autopsy of Sandra BLAND at the Harris County Institute of Forensic Sciences (HCIFS), otherwise known as the Harris County Medical Examiner's Office. The autopsy began at approximately 10:25 AM, and was performed by HCIFS Assistant Medical Examiner Sara DOYLE, MD. The HCIFS case number for the autopsy of BLAND was OC15-030.

2. At the conclusion of the autopsy, Dr. DOYLE advised the following: Cause of Death - Hanging, Manner of Death - Suicide. Ranger ELLISON and Investigator PARINELLO witnessed Dr. DOYLE package items of evidence which included the following:

One (1) box which contained the WCSO issued clothing BLAND was wearing; two (2) orange shirts, one (1) pair of orange pants, and one (1) pair of orange shorts.

One (1) sexual assault kit. (Note: per the autopsy report, Dr. DOYLE documented that despite the absence of injuries to the genitalia or anus, a sexual assault evidence collection kit was collected should future testing be warranted).

One (1) evidence bag which contained one (1) bag with the ligature (white plastic trash bag), one (1) envelope with fingernail scrapings and one (1) envelope which contained foreign matter from scabbed area of right upper back.

All of the above listed items, including a compact disc containing the photographs from the autopsy, were released by Dr. DOYLE to Investigator PARINELLO. Investigator PARINELLO placed the aforementioned items of evidence into the WCSO evidence room later this same date. Refer to Investigator PARINELLO'S

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investigative report for further details.

For full details of the autopsy, refer to Exhibit 4.1 - HCIFS Autopsy Report OC15030 as prepared by Dr. DOYLE. (Note: the autopsy report was received by Ranger ELLISON at a later date [07-22-2015] and the toxicology report indicated the presence of marihuana in BLAND'S system).

3. Later this same date, Ranger ELLISON met and conferred with Prairie View Police Department (PVPD) Officer Pennie GOODIE (Witness 2.6) in reference to the traffic stop. Officer GOODIE first advised she would be completing a report documenting her involvement with DPS Trooper Brian ENCINIA and BLAND. Officer GOODIE stated that when she arrived, BLAND was already in handcuffs. She saw her jerking away from Trooper ENCINIA. Officer GOODIE saw them on the ground and then heard BLAND say her head was hurting from hitting the ground. Officer GOODIE stated Trooper ENCINIA was very careful how he handled her. She also saw the blood on Trooper ENCINIA'S hand and the shoeprint on his pants leg. Officer GOODIE advised that while transporting BLAND to the jail, she heard her say she was in town for a job interview, had no money, and she had not been taking her seizure medication. BLAND told Officer GOODIE that EMS refused to treat her. Officer GOODIE corrected her and told her that she was the one who pulled her head away and refused treatment. Officer GOODIE advised that once at the jail, she went with BLAND to change her clothes and to search her. Officer GOODIE did not observe any signs of intoxication. Officer GOODIE stated her hard drive was full on her in-car video system and no video footage was captured.

For further details, refer to Officer GOODIE'S report (Exhibit 4.2).

4. Ranger ELLISON confirmed through PVPD Chief Larry JOHNSON that he and PVPD Sergeant Chris GARRETT searched the disc drive from the video system in Officer GOODIE'S patrol car and there was no video of the traffic stop or encounter with Trooper ENCINIA and BLAND. Sergeant GARRETT advised the content from the drive was uploaded from Officer GOODIE'S patrol car to the city server and the last recording from Officer GOODIE'S video system was on 06-29-2015.

5. Ranger ELLISON returned to the WCSO and conferred with WCSO Lieutenant Justin LANE (Investigator 1.5). Lieutenant LANE was the WCSO representative who traveled to Houston to the address BLAND provided at the time she was booked into jail in an attempt to notify the family of her death. The address was as follows: 2101 Hayes Road #1416, Houston, Texas 77077. Lieutenant LANE advised he met with an individual named Bobby BLAND who stated he was Sandra's uncle and he had not seen her in approximately one and a half to two and half years. Bobby provided Lieutenant LANE with several phone numbers and identified Sandra's mother as Geneva BLAND REED of Chicago, Illinois. Lieutenant LANE advised he made the death notification with Bobby BLAND on 07-13-2015, at approximately 3:15 PM.

6. Ranger ELLISON also learned this date that allegations of wrongdoing on behalf of the WCSO were surfacing through social media and a Houston based news outlet. Ranger ELLISON learned comments left by unknown individuals on social media and at the news outlet website revealed these individuals did not believe BLAND hanged herself and accused the WCSO of murdering her. With this, Ranger ELLISON met and conferred with WCSO Investigator Marc LANGDON (Investigator 1.9) again and

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requested the camera footage be backed-up for the entire time BLAND was in the custody of the WCSO. Ranger ELLISON requested footage from the same camera that faced the two holding cells in the booking area and the hallway to cells 54 and 95. Ranger ELLISON received the requested footage backed-up to a thumb drive on 07-15-2015, from Investigator LANGDON at approximately 1:00 PM. Ranger ELLISON retained the thumb drive containing the video footage as Exhibit 4.3. Exhibit 4.3 was approximately 37 gigabytes in size.

7. Investigator LANGDON also provided Ranger ELLISON with a printout of a log (Exhibit 4.10) which documented the times and dates when the doors to each cell in the jail were opened or closed. This same log also documented intercom usage for each cell. The log provided by Investigator LANGDON spanned from 7:41 AM on 07-132015, through 9:07 AM on 07-13-2015. Investigator LANGDON pointed out the door to cell 95 was opened on 07-13-2015, at the log time of 8:59 AM, which coincided with the time when WCSO jail staff found BLAND and opened the cell door, went in, and attempted to resuscitate her. Additionally, Investigator LANGDON pointed out where the log documented the intercom in cell 95 was activated at the log time of 7:55 AM. Pursuant to the interviews conducted by Ranger ELLISON and Investigator PARINELLO, the intercom log indicated the time when BLAND called the control room operator and asked to use the phone in between the security check at 7:17 AM (video time) and when she was found and the door was opened at approximately 8:59 AM (log time). No other intercom usage or door openings were documented on the log printout for cell 95. Refer to Exhibit 4.10 for further details.

8. While in the control room conferring with Investigator LANGDON about the video footage, Ranger ELLISON interviewed WCSO Jailer and control room operator Matthew MACE, at approximately 3:00 PM, on 07-14-2015. Jailer MACE was on duty and working in the control room when BLAND was brought to the jail on 07-10-2015. He did not talk to her. Jailer MACE stated he briefly spoke with Trooper ENCINIA who told him that he was assaulted by BLAND. Jailer MACE advised that PVPD Officer GOODIE assisted by searching BLAND and getting her changed into jail issued clothing. Jailer MACE observed BLAND in the holding cell up until he was relieved at the end of his shift by WCSO Jailer Sharon RIPLEY. In addition to Jailer RIPLEY, Jailer MACE advised the night shift jailers who relieved his shift were Elsa MAGNUS, Kevin GORMAN, and Jerry CREAMER.

Note: This interview was not recorded as it was an impromptu meeting and lasted approximately five minutes.

9. Exhibit 4.4 - Interview of WCSO Jailer Danny WENDT on 07-14-2015, at approximately 3:41 PM, in the WCSO interview room:

Jailer WENDT stated he was on duty Friday, 07-10-2015, when BLAND was brought into the jail that afternoon. Jailer WENDT observed BLAND was upset and crying. BLAND declined her tray of food at the evening meal when he offered it to her. Jailer WENDT was a Baptist preacher and he attempted to cheer BLAND up through conversation. BLAND was in the holding cell until he was relieved by the night shift jailer, and she was booked in and moved to cell 95 after he left.

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10. Exhibit 4.5 - Interview of WCSO Deputy Jailer Sammy WRIGHT on 07-14-2015, at approximately 3:49 PM, in the WCSO interview room:

Deputy Jailer WRIGHT advised he was on duty Friday when BLAND came into the jail close to 6:00 PM. Deputy WRIGHT was busy doing other things in the jail and he saw her in the holding cell. BLAND was sitting on the floor and her head was in her lap. BLAND asked for some water and he believed Jailer WENDT gave her some. Deputy Jailer WRIGHT stated he did not see her crying and she was quiet.

The interview ended at approximately 3:52 PM.

11. Ranger ELLISON also conferred with the WCSO Jail Nurse Marianne WILLIAMS, LVN this date at approximately 4:05 PM. Nurse WILLIAMS advised she already provided a written statement to WCSO administration regarding her part in the investigation. Nurse WILLIAMS advised BLAND was brought to the jail after she was off duty. Nurse WILLIAMS was also off duty on Saturday and Sunday and returned to work on Monday, 07-13-2015.

Ranger ELLISON received a copy of Nurse WILLIAMS' statement (Exhibit 4.6) this date and a summary is as follows: Nurse WILLIAMS stated she was in the control room, at approximately 9:00 AM, on 07-13-2015, to make copies of her paperwork. Nurse WILLIAMS was told the inmate in cell 95 hanged herself. Nurse WILLIAMS entered cell 95 and saw Lieutenant ROCHEN performing CPR. Nurse WILLIAMS noted there was no pulse and no respiration. BLAND'S skin was warm to the touch. Nurse WILLIAMS also noted the ligature mark around BLAND'S neck. EMS arrived and pronounced BLAND deceased at 9:06 AM.

For complete details of Nurse WILLIAMS' statement, refer to Exhibit 4.6.

12. Ranger ELLISON traveled to the Waller County Paint & Body storage facility at approximately 4:45 PM this date. Ranger ELLISON received a copy of a 2016 Illinois Registration Identification Card from the staff at Waller County Paint & Body (Exhibit 4.7). Ranger ELLISON noted the vehicle, a 2006 Hyundai four door passenger car, was registered to Sandra A. BLAND of 11 S Whispering Hills Drive, Unit B, Naperville, Illinois 60540. Ranger ELLISON received the keys to the vehicle, located the vehicle in the storage lot area, and began photographing both the exterior and interior of the car. Ranger ELLISON noted the vehicle was a silver Hyundai Azera, bearing Illinois license plate E600311. Ranger ELLISON did not remove any items from the vehicle and did not locate BLAND'S cellular telephone. For further details, refer to the photographs of the vehicle and its contents taken by Ranger ELLISON (Exhibit 4.8).

13. Later this same date (07-14-2015), Ranger ELLISON reviewed the traffic stop video provided by Trooper ENCINIA. BLAND was seen exiting her vehicle with what appeared to be a cell phone. Trooper ENCINIA repeatedly ordered BLAND to put her phone down until she placed it on the trunk of her car. The phone appeared to remain on the trunk until Officer GOODIE inventoried the vehicle and placed the

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phone in the trunk. Ranger ELLISON contacted Investigator Mike PARINELLO and asked that he return to the vehicle and look in the trunk and retrieve the phone. Investigator PARINELLO went to the Waller County Paint & Body storage lot the following day (07-15-2015) and found the phone in the trunk at approximately 11:06 AM. Ranger ELLISON later met with Investigator PARINELLO this same date and took possession of the phone at approximately 1:45 PM. The phone was identified as a black iPhone 5, model number A1428 and it was contained in plastic protective case with the words 'Hennessy VS' on the back. The phone was powered on by WCSO Captain Brian CANTRELL and Ranger ELLISON and both observed the contents of the phone were protected by a pass code. Ranger ELLISON powered the phone off and retained it as Exhibit 4.9.
5 1. On Wednesday, 07-15-2015, Texas Ranger Shane ELLISON conferred with Federal Bureau of Investigation (FBI) Senior Supervisory Resident Agent (SSRA) Chris RAIA from the FBI office in Bryan, Texas, regarding this investigation. SSRA RAIA was called since the death of Sandra BLAND was getting national attention and rumors and allegations of wrongdoing on the part of the Waller County Sheriff's Office were spreading rapidly. SSRA RAIA advised FBI Special Agent (SA) Angel MARTINEZ would be in contact with Ranger ELLISON this date.

2. SA MARTINEZ called Ranger ELLISON and advised he received the assignment from his supervisors to meet and confer with Ranger ELLISON regarding this investigation. SA MARTINEZ advised he was willing to go over any evidence obtained by Ranger ELLISON and to discuss the facts of the case as soon as possible.

3. Additionally, Ranger ELLISON was in contact with the Waller County District Attorney's Office in reference to this investigation. Waller County District Attorney Elton MATHIS advised he wanted to meet the following day with Ranger ELLISON, Sheriff Glenn SMITH, County Judge Trey DUHON and representatives from the Texas Highway Patrol (THP) and the FBI. Ranger ELLISON agreed to the request and informed FBI SSRA RAIA of the meeting. SSRA RAIA advised he would be in attendance at the meeting as would THP Sergeant Darren VACEK. Sergeant VACEK was the supervisor over the Hempstead THP Office and was Trooper Brian ENCINIA'S first line supervisor.

4. Ranger ELLISON called Waller County Precinct 2 Justice of the Peace Delores HARGRAVE (Witness 1.6) this date. Judge HARGRAVE was the magistrate who saw BLAND on Saturday, 07-12-2015, and advised her of her rights and set her bond. Judge HARGRAVE advised that BLAND cried when her bond was set at $5,000.00. Judge HARGRAVE stated BLAND only asked how much it would cost to bond out of jail. Judge HARGRAVE stated she had no problems with BLAND during the meeting.

5. Ranger ELLISON requested on Monday, 07-13-2015, that DPS analytical personnel attempt to find any information about the phone number BLAND called on Saturday, 07-11-2015, from the booking desk in the jail. As documented in prior reports, 832-594-0942 was the number BLAND called and she was apparently sent to voicemail. Ranger ELLISON learned public data sources indicated the number was associated with a Facebook account of an individual named LaVaughn MOSLEY. WCSO personnel knew who MOSLEY was, advised he was from Prairie View, and he was reportedly organizing a rally for BLAND that was supposed to take place at 4:00 PM this date. This same search for information also revealed MOSLEY and BLAND were friends on Facebook.

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6. Ranger ELLISON called MOSLEY at the above listed number on Wednesday, 07-152015, at approximately 1:00 PM. The person who answered identified himself as LaVaughn MOSLEY. Ranger ELLISON identified himself and told MOSLEY the purpose of the call. Ranger ELLISON informed MOSLEY his phone number was on BLAND'S booking sheet and Ranger ELLISON was requesting an interview to find out how they knew each other. MOSLEY in turn told Ranger ELLISON that he knew BLAND and he called the jail on Saturday to inquire about her bond. MOSLEY agreed to be interviewed this date, at approximately 3:30 PM, at the WCSO. During the conversation with MOSLEY, he stated that he would be at the WCSO for the rally and he would come early to talk to Ranger ELLISON. MOSLEY did not show up for the interview with Ranger ELLISON. He was later observed in front of the WCSO at the rally and apparently talking to the news media. Ranger ELLISON learned over the next few days through witness interviews that BLAND was reportedly staying with MOSLEY in Prairie View and all of her belongings were at his residence.

7. Ranger ELLISON telephonically contacted Prairie View A&M University Chief of Police Zena STEPHENS this date. Ranger ELLISON had been in contact with Chief STEPHENS after she advised the University was contacted by members of BLAND'S family and they were reportedly in town. Ranger ELLISON asked Chief STEPHENS to call BLAND'S mother, Geneva REED-VEAL. Chief STEPHENS advised she talked to Ms. REED-VEAL and she was headed to Wisconsin for a prayer meeting. Chief STEPHENS advised Ms. REED-VEAL wanted to speak with Ranger ELLISON and was awaiting his call. Ranger ELLISON called Ms. REED-VEAL this date (07-15-2015), at approximately 3:54 PM, and the call went to voicemail. Ranger ELLISON left a message.

8. Shortly after the leaving the voicemail, Ranger ELLISON received a return phone call from Ms. REED-VEAL. Ranger ELLISON explained that he wanted to get the bulk of the investigation done before contacting her and there was nothing to hide or keep from her. Ranger ELLISON explained there were numerous allegations about her daughter's death, to include one which claimed WCSO Jailers entered her cell and murdered her. Ms. REED-VEAL was aware of the allegation. Ranger ELLISON explained to her that there was camera footage which clearly showed no one went into her cell. Ranger ELLISON informed Ms. REED-VEAL of the timeline which included the night shift security check, day shift security check, the intercom call, and then finding her hanging in her cell from a trash bag used as a ligature. Ms. REED-VEAL stated she was told her daughter was found in her cell deceased with a trash bag over her head when she received the call from the WCSO on Monday. Ranger ELLISON informed Ms. REED-VEAL that was not the case and told her how the trash bag was used as a ligature. Ranger ELLISON assured Ms. REED-VEAL that she would have access to everything Ranger ELLISON had and was more than welcome to view the jail camera footage.

9. Ms. REED-VEAL in turn told Ranger ELLISON that BLAND received a call from Prairie View A&M University in reference to a job interview. BLAND left Chicago on Tuesday (07-07-2015) and arrived on Thursday (07-09-2015). BLAND was offered the job and Ms. REED-VEAL stated that she was excited. Ms. REED-VEAL described the new job as a turning point in BLAND'S life and she (BLAND) was excited about it. Ms. REED-VEAL stated her daughter had no ties to Illinois and decided to go back to Texas. Ms. REED-VEAL asked Ranger ELLISON if he had watched the video of the traffic stop and then asked if it looked like BLAND got herself arrested on purpose. Ms. REED-VEAL stated BLAND had no history of mental illness when asked about a self-shot video of BLAND claiming she suffered from depression and PTSD (post traumatic stress disorder). Ms. REED-VEAL stated BLAND talked to one of her sisters (unidentified) after she was in jail and she knew that she spoke with an individual named 'LaVaughn.'

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10. Ms. REED-VEAL told Ranger ELLISON that she was at peace with her daughter's death and she would be coming to Houston unannounced on Sunday, 07-19-2015, because she did not want any publicity or any part of a protest. Ranger ELLISON advised Ms. REED-VEAL of the ongoing protest at the WCSO as they spoke. Ms. REEDVEAL apologized for the protest and stated she would not have any part of it. Ranger ELLISON again extended his offer of transparency to Ms. REED-VEAL and told her that she would be able to see everything Ranger ELLISON had pertaining to her daughter's death and this investigation. Ms. REED-VEAL stated she would call Ranger ELLISON as soon as she arrived in Houston and arrange for a meeting. Ms. REED-VEAL asked Ranger ELLISON to not release the jail video until she had a chance to view it first. Ranger ELLISON assured Ms. REED-VEAL that he would honor her request.

11. Ranger ELLISON continued to interview the WCSO jail staff and conducted four interviews. The following are summaries of the interviews conducted this date. The following summaries do not contain all comments made during the interviews, nor do they necessarily reflect the chronology of the discussion. Refer to the exhibit number noted in each summary for a verbatim account of the interview.

12. Exhibit 5.1 - Interview of WCSO Jailer Elsa MAGNUS on 07-15-2015, at approximately 6:03 PM, in the WCSO interview room:

Jailer MAGNUS worked the night shift (7:00 PM to 7:00 AM) on Friday, 07-10-2015. She saw BLAND sitting in the holding cell with her face in her hands and she was crying. Jailer MAGNUS started the booking process at approximately 8:30 PM. BLAND asked to use the phone from the holding cell and Jailer MAGNUS told her not until she was ready to be booked in. BLAND then laid down in the holding cell. Jailer MAGNUS removed her from the cell at approximately 9:00 PM to 10:00 PM. BLAND stood at the desk while Jailer MAGNUS asked her questions. BLAND said repeatedly that she did not do anything wrong as Jailer MAGNUS asked her questions. BLAND stated 'no' when Jailer MAGNUS asked if she had any interactions with or received services from MHMR. Jailer MAGNUS did not observe any indicators that were out of the ordinary except for crying and saying she did not do anything wrong. BLAND made a phone call from the phone on the booking desk. She called a friend at the same number listed on her booking sheet. BLAND told the person on the other end she did not do anything wrong and asked if someone was going to come get her. Jailer MAGNUS stated it was a man that BLAND was talking to because she could hear him talking.

13. Interview of Jailer MAGNUS continued:

Jailer MAGNUS told BLAND her bond had not been set yet and she would not get that until the following day. Jailer MAGNUS again stated she did not observe any indicators that BLAND would harm herself. BLAND told her that she drove from Chicago for a job interview. Jailer MAGNUS stated she opened the cell door when she performed a security check. BLAND would jump when the door opened. Jailer MAGNUS explained to her the jail staff had to do security checks every hour and the cell door would be opened. BLAND said she understood and told Jailer MAGNUS all she wanted to do was sleep. BLAND asked if anyone had called for her. BLAND was not taken out of her cell to use the phone while Jailer MAGNUS was on duty. Jailer MAGNUS did not know if BLAND was eating. BLAND stated she was an epileptic,

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but she did not have her medication. When Jailer MAGNUS ended her shift at 7:00 AM on Sunday morning (07-12-2015), she spoke with BLAND during her last security check. BLAND asked if Jailer MAGNUS was coming back that night (Sunday) and she was told no. BLAND also asked if anyone had called for her. Jailer MAGNUS told her that she was not aware of any phone calls for her. Jailer MAGNUS stated the other inmates did not say anything about BLAND.

The interview ended at approximately 6:14 PM.

14. Exhibit 5.2 - Interview of WCSO Deputy Jailer Kevin GORMAN on 07-15-2015, at approximately 6:24 PM, in the WCSO interview room:

Deputy Jailer GORMAN stated he came to work on Friday, 07-10-2015, at 7:00 PM, and BLAND was in a holding cell. Deputy Jailer GORMAN did not have any interaction with BLAND except on security checks. BLAND did not talk during the security checks and Deputy Jailer GORMAN did not observe any indicators that anything was wrong with her. Deputy Jailer GORMAN knew Jailer MAGNUS talked to BLAND several times during the security checks. Deputy Jailer GORMAN did not have anything to do with her booking. BLAND asked Jailer MAGNUS to use the phone. Deputy Jailer GORMAN stated no one on his shift took her out of her cell so she could use the phone. Deputy Jailer GORMAN observed BLAND was distraught during the booking process and could not believe she was being charged with a felony. BLAND did not complain of any injuries that he was aware of.

The interview ended at approximately 6:27 PM.

15. Exhibit 5.3 - Interview of WCSO Jailer Jerry CREAMER on 07-15-2015, at approximately 6:32 PM, in the WCSO interview room:

Jailer Jerry CREAMER'S shift started at 7:00 PM on Friday, 07-10-2015. He observed BLAND in the holding cell. Jailer MAGNUS booked BLAND in. Jailer CREAMER stated BLAND was quiet and he was not sure if she was eating much other than a banana. Jailer CREAMER stated he thought BLAND was upset about being arrested. He did not detect any indicators or suspect that BLAND was going to hurt herself.

The interview ended at approximately 6:36 PM.

16. Exhibit 5.4 - Interview of WCSO Jail Corporal Sharon RIPPLEY on 07-15-2015, at approximately 6:41 PM, in the WCSO interview room:

Corporal RIPPLEY began her shift at 7:00 PM on Friday, 07-10-2015. She observed that BLAND was in a holding cell. She was informed by the prior shift corporal that BLAND was upset because of what she was arrested for. Jailer MAGNUS booked BLAND in around 10:00 PM or 10:30 PM. Corporal RIPPLEY saw BLAND make a phone call, but could not hear it. Corporal RIPPLEY was in the control room during her

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shift and did not interact with BLAND. BLAND did not call Corporal RIPPLEY on the intercom during any of her shifts over the weekend.

The interview ended at approximately 6:44 PM.

17. As documented in Detail 9 of this report, a video surfaced this date on YouTube of BLAND where she stated that she suffered from depression and PTSD. The video was apparently self-shot. BLAND stated at the beginning of the video that the date was 03-01-2015. Ranger ELLISON requested DPS analytical staff attempt to retrieve any videos of BLAND from YouTube and her Facebook page. Ranger ELLISON later received 22 videos of BLAND from YouTube and Facebook and the files were burned to a compact disc (Exhibit 5.5). For the video in question, refer to Exhibit 5.5 and see the file titled 'VIDEO_Sandra_Bland_Was_Mentally_Ill_Depressed.mp4.'
6 1. On Thursday, 07-16-2015, Texas Ranger Shane ELLISON attended a meeting with Waller County District Attorney Elton MATHIS (Investigator 5.3) and Assistant District Attorney Warren DIEPRAAM at the Waller County Courthouse in Hempstead. Also in attendance were Waller County Judge Trey DUHON (Investigator 5.5), Waller County Sheriff Glenn SMITH (Investigator 5.6), Texas Ranger Jeff OWLES (Investigator 3.1), THP Sergeant Darren VACEK (Investigator 5.4), and FBI SSRA Chris RAIA (Investigator 5.1). The purpose of the meeting was to review and discuss the circumstances surrounding BLAND'S death and the evidence obtained in the investigation.

2. The video of the traffic stop was viewed during the meeting as well as the video footage from the WCSO jail surveillance system. Ranger ELLISON discussed the findings of the investigation thus far and the interaction he had with BLAND'S mother. All in attendance agreed the video footage from the jail would not be released until BLAND'S mother, Ms. Geneva REED-VEAL, had the opportunity to view it. FBI SSRA Chris RAIA advised upon viewing the traffic stop video, his agency would maintain a 'monitoring' role in the investigation. SSRA RAIA advised he was going to recommend to his chain of command that an FBI investigation not be opened at this time.

3. During the meeting, Ranger ELLISON received a call from Texas Ranger Major Jeff COLLINS and was informed BLAND'S driver license had been declared invalid and not eligible for renewal due to warrants for her arrest. Per information received from the DPS Driver License Division, BLAND had four Failure to Appear (FTA) warrants due to unpaid tickets, namely three tickets from Waller County Constable Precinct 3 and one ticket from Prairie View Police Department.

Note: After arresting BLAND for Assault - Public Servant, Trooper Brian ENCINIA found where BLAND'S Texas driver license was invalid. BLAND was additionally charged with Driving While License Invalid (TRC 521.457 [e]), which was a Class C Misdemeanor.

4. Ranger ELLISON called Prairie View Police Department Chief Larry JOHNSON for assistance with gathering information in reference to the FTA warrants for BLAND. Chief JOHNSON later advised Ranger ELLISON that he obtained the documents relating

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to the warrants and would make them available to Ranger ELLISON this date. Ranger ELLISON traveled to the Prairie View Police Department and received copies of the warrants (Exhibit 6.1). Upon reviewing the documents, it was noted BLAND had one active arrest warrant from Prairie View Police Department for Disorderly Conduct Obscene Language. Chief JOHNSON advised BLAND was charged with the offense on 1017-2009, and given a written citation. Chief JOHNSON was told by Prairie View Municipal Court staff that when BLAND appeared before the court on 12-16-2009, she was charged with Contempt of Court for getting into a verbal argument with the judge. Ranger ELLISON learned she was fined $50.00 for the contempt charge. Refer to Exhibit 6.1 for further details.

5. Ranger ELLISON also learned BLAND had three unpaid traffic tickets issued by the Waller County Precinct 3 Constable's Office. The tickets and fine amounts for each were as follows:

1. 11-03-2009 - Speeding 42 MPH/30 MPH - $200.00

2. 06-18-2009 - Fail to Maintain Financial Responsibility (No Insurance) - $290.00

3. 06-18-2009 - No Safety Belt - $175.00

The three tickets were ultimately sent to the DPS Omni Database which made her license invalid and not eligible for renewal. See Exhibit 6.1 for further details.

6. While at the Prairie View Police Department, Sergeant Chris GARRETT advised Ranger ELLISON of a witness who worked at the barber shop in Prairie View close to the location of the traffic stop. The witness was willing to talk to Ranger ELLISON and he identified her as Renee MCKNIGHT. Ranger ELLISON interviewed MCKNIGHT this date at the Prairie View Police Department at approximately 5:20 PM. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 6.2 contains a verbatim account of the interview. MCKNIGHT advised the following:

MCKNIGHT stated she was the co-owner of C&R Uptown Barber Shop located at 700 University Drive in Prairie View. A client came into the shop and told her of the incident happening outside. MCKNIGHT went out and saw BLAND in handcuffs and she was cursing and talking real loud. MCKNIGHT saw BLAND jerk away and she heard the Trooper tell her she would get assault charges filed on her for resisting. MCKNIGHT was not sure if the Trooper slammed her on the ground or if she fell to the ground on her own when she jerked away.

7. Interview of MCKNIGHT continued:

MCKNIGHT stated BLAND did not want to get into the Trooper's vehicle. She

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continued to curse and told the Trooper 'to get his mf-ing hands off of her.' When they went to the ground, she was face down. A female Prairie View Police Department Officer arrived. MCKNIGHT did not know BLAND prior to this incident. MCKNIGHT stated she did not observe the Trooper or the female officer do anything wrong. MCKNIGHT heard BLAND say the Trooper threw her on the ground. MCKNIGHT stated BLAND was the loudest and made sure that everyone heard her.

The interview ended at approximately 5:34 PM.

8. As Ranger ELLISON departed the Prairie View Police Department, he received a telephone call from an individual identifying herself as Sharon COOPER. COOPER stated she was the 'number 2' daughter of Geneva REED-VEAL. She asked Ranger ELLISON if his offer of transparency was still open if she were to travel to Texas and meet with him. Ranger ELLISON informed COOPER the offer still stood and there was nothing to hide from her or the family. Ranger ELLISON requested Ms. REED-VEAL call to verify COOPER'S identity and then he would be willing to meet with her. Ms. REED-VEAL called a short time later and verified COOPER was in fact her daughter and she would be the family representative. Ranger ELLISON agreed to the meeting and COOPER advised she would fly to Houston the following day (Friday, 0717-2015). She would be accompanied by her sister, Shante NEEDHAM, and their legal representative, Attorney Cannon LAMBERT. COOPER advised she would call Ranger ELLISON upon their arrival in Houston.
7 1. On Friday, 07-17-2015, Texas Ranger Shane ELLISON prepared for the meeting with Sharon COOPER, Shante NEEDHAM, and Attorney Cannon LAMBERT. Prior to the meeting, Ms. COOPER stated she would like to view the video from the jail camera footage for the entire time Sandra BLAND was in custody at the Waller County Jail. Ranger ELLISON attempted to accommodate this request with Exhibit 4.3, which was the footage from the camera facing the hallway to cell 95 from Friday, 07-10-2015 until Monday, 07-13-2015. As noted in Report 4 of this file, Exhibit 4.3 was approximately 37 gigabytes in size and the files were in .exe, or executable, format. Due to the size of the files and the format they were in, Ranger ELLISON could not get the video files loaded on his computer where they would be readily accessible for viewing. Exhibit 1.3, which was the copy of the video footage from 6:00 AM until 9:30 AM on 07-13-2015, was also in the same format and was viewable, just extremely slow to load.

2. Ranger ELLISON contacted Waller County Sheriff's Office (WCSO) Investigator Marc LANGDON (Investigator 1.9) for assistance. Investigator LANGDON advised he would see if the copies of the footage could be copied in a different format for easy viewing. Investigator LANGDON later found after a software upgrade to the video system, the files could be copied and stored in .avi format, which would allow for easy viewing and access on most computers. Investigator LANGDON advised the fastest way to copy and get the video to Ranger ELLISON would be to use the same parameters of 6:00 AM until 9:30 AM on 07-13-2015. Investigator LANGDON advised that copying and encoding the video for the entire time BLAND was at the jail into .avi format would take many hours and it would not be ready for the meeting with the family this date. Ranger ELLISON agreed and Investigator LANGDON produced four copies of the video which were later given to Texas Ranger Jeff OWLES (Investigator 3.1). Ranger OWLES transported the videos from the WCSO to Ranger ELLISON, who was preparing for the meeting at the DPS Headquarters at 12230 West Road in Houston, Texas.

3. In addition, Ranger ELLISON requested Investigator LANGDON print out the door

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and intercom log from Friday, 07-10-2015, when BLAND arrived at the jail, through Monday, 07-13-2015. Ranger ELLISON requested separate logs be printed out for the entire jail and for cell 95, if possible. Investigator LANGDON advised he would attempt to obtain the documents as requested. Ranger ELLISON also requested Investigator LANGDON make a backup copy of the jail video footage which captured BLAND'S movements the entire time she was in the custody of WCSO Jail. Investigator LANGDON advised he could start with the footage of BLAND being brought into the jail by Officer Penny GOODIE (Witness 2.6) and capture her movements throughout the jail through the time her body was removed by the funeral home. Ranger ELLISON received a thumb drive which contained the requested videos, on Monday, 07-20-2015, from Investigator LANGDON and retained it as Exhibit 7.1. The files were backed up in .avi format and totaled approximately 57.9 gigabytes in size.

4. On 07-17-2015, at approximately 8:45 PM, the meeting with Ms. COOPER, Ms. NEEDHAM and Attorney LAMBERT began at the DPS Headquarters in Houston. The meeting was conducted in the Texas Ranger conference room and Texas Ranger Lieutenant Kip WESTMORELAND (Investigator 1.2) and Texas Ranger Major Jeff COLLINS (Investigator 6.2) were also in attendance. The meeting was audio recorded and retained by Ranger ELLISON as Exhibit 7.2. During the meeting, the facts of the case were discussed, questions were asked, and the video from the jail was viewed by Ms. COOPER, Ms. NEEDHAM and Attorney LAMBERT. In addition to viewing the jail video footage, Ms. COOPER requested to see and subsequently viewed the photographs taken of the scene by Ranger ELLISON. The video of the traffic stop was not viewed during the meeting and it was agreed to view it the following morning (07-18-2015) at the same location at 8:00 AM. The meeting ended at approximately 11:14 PM, and lasted approximately two hours twenty nine minutes.

5. The following morning, at approximately 8:00 AM, Attorney LAMBERT arrived at the DPS Office without Ms. COOPER and Ms. NEEDHAM. The video of the traffic stop was viewed with Attorney LAMBERT, DPS Regional Commander Duane STEEN, Texas Highway Patrol Major Dwight MATHIS, Texas Ranger Major Jeff COLLINS, Texas Ranger Lieutenant Kip WESTMORELAND, and Ranger ELLISON. The viewing of the traffic stop concluded at approximately 9:00 AM. Ranger ELLISON, Lieutenant WESTMORELAND and Major COLLINS met briefly with Attorney LAMBERT after the meeting. Attorney LAMBERT advised he would arrange a subsequent meeting with Ms. COOPER and Ms. NEEDHAM so Ranger ELLISON would have an opportunity to ask questions which needed to be answered for his investigation. This meeting was also recorded and retained by Ranger ELLISON as Exhibit 7.3.

6. On 07-18-2015, Ranger ELLISON received a phone call from Ms. Geneva REED-VEAL. Ranger ELLISON was able to record a portion of the phone call (Exhibit 7.4). Ms. REED-VEAL stated she received a phone call from her daughters after the meeting the previous night. Her daughters told her that Ranger ELLISON was genuine, professional, and they could not say anything bad about the meeting. Ms. REED-VEAL stated she still wanted to meet with Ranger ELLISON and would fly to Houston on Sunday (07-19-2015). Ms. REED-VEAL stated she would call Ranger ELLISON upon her arrival in Houston to set up the meeting. Ranger ELLISON never heard from Ms. REED-VEAL and did not get the opportunity to meet with her.

7. Ranger ELLISON traveled to the Waller County Sheriff's Office after the meeting with Attorney LAMBERT to meet with Investigator LANGDON. Investigator LANGDON advised Ranger ELLISON, during the meeting with the family the night before, he was having problems finding the electronically stored door and intercom logs. Investigator LANGDON was told that something as simple as a power outage could

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have reset the system so the logs were not being backed up. (Ranger ELLISON actually misunderstood this statement and inadvertently told the family the night before that the WCSO suffered from a power outage and it was unknown at the time of the meeting when the logs would be ready). Upon arriving at the WCSO this date (07-18-2015), Investigator LANGDON told Ranger ELLISON the door and intercom log had in fact not been backed up. He advised the log he printed out on Tuesday (Exhibit 4.10) was the only copy available. Investigator LANGDON advised he had spoken with several technicians with the software company for assistance and was told the aforementioned information. Investigator LANGDON also advised a technician from the software company was in the jail attempting to retrieve the data.

8. Ranger ELLISON spoke with the technician, identified as Craig BUREL, who was employed by Metroplex Control Systems in San Antonio, Texas. BUREL told Ranger ELLISON there was no data or logs available and the system had not been backing itself up since December of 2013. BUREL left a copy of his work order and also provided a sworn statement to Investigator LANGDON. Ranger ELLISON received a copy of the work order and sworn statement from Investigator LANGDON this date (Saturday, 07-18-2015) at approximately 1:15 PM (Exhibit 7.5).

9. Also on Saturday, 07-18-2015, Ranger ELLISON was informed by Sheriff Glenn SMITH (Investigator 5.6) that Gary LEGGETT with TAC Security and Video was removing the hard drives from the jail surveillance camera system and they would be placed into evidence. LEGGETT was the only person with a key to the locked steel security cage which held the DVR's for the camera system in the WCSO Jail. TAC Security and Video was the company contracted with the WCSO for the video surveillance camera system. Ranger ELLISON spoke with LEGGETT who advised he removed the two 4 terabyte hard drives from the DVR and replaced them with new drives. LEGGETT provided a written statement and a copy of the work order (Exhibit 7.6) from his company indicating he removed and replaced the hard drives. Ranger ELLISON met with Investigator LANGDON and witnessed him package and document the hard drives as evidence. The drives were placed into evidence this date by Chief Deputy Joe HESTER (Investigator 1.6) awaiting transfer to the FBI Regional Computer Forensic Laboratory (RCFL) in Houston for verification. It was agreed by all agencies involved to have the FBI analyze and verify the content of the hard drives.

10. Ranger ELLISON also contacted the Harris County Institute of Forensic Sciences (HCIFS) this date to request a bloodstain card from the autopsy of BLAND. Bloodstain cards are used in laboratory testing for blood typing and DNA testing. Ranger ELLISON requested BLAND'S bloodstain card so it could be submitted to the DPS Crime Laboratory in Houston for any future evidentiary testing. Ranger ELLISON spoke with HCIFS Investigator Bethany BLESS this date and made the request. Investigator BLESS also advised the HCIFS had been attempting to contact Waller County Precinct 1 Judge Charles KARISCH (Investigator 1.8) to notify him that BLAND'S body was ready for release from the HCIFS. Investigator BLESS advised BLAND'S remains could not be released until Judge KARISCH sent the HCIFS a notification of release which authorized them to release the body to a specified funeral home or person. Investigator BLESS advised the HCIFS had been calling since 07-15-2015, and could not get through to the judge's office.

11. Within a few minutes of calling the HCIFS, Ranger ELLISON received a call from Attorney LAMBERT who stated he and Ms. COOPER were at the HCIFS and they were having issues with taking custody of BLAND'S remains. Ranger ELLISON told Attorney LAMBERT that he had just spoken with the HCIFS on another matter and was told they

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were unable to locate the Justice of the Peace for the release order. Ranger ELLISON in turn called Sheriff SMITH and asked that one of his deputies go find Judge KARISCH so he could send the HCIFS an order to release BLAND'S body to her family. Judge KARISCH arrived at the WCSO a short time later and ordered the release of BLAND'S remains to a representative from Lockwood Funeral Home in Houston, Texas. Refer to Exhibit 7.7 for details of the release order.

12. After arranging for the release of BLAND'S remains, Attorney LAMBERT called Ranger ELLISON back and stated he had both Ms. COOPER and Ms. NEEDHAM on speakerphone. Ranger ELLISON was told that now would be the only opportunity to speak with them and to ask questions. Ranger ELLISON previously requested an inperson interview with both Ms. COOPER and Ms. NEEDHAM on Friday, 07-17-2015, and Saturday, 07-18-2015. Ranger ELLISON requested the meeting in an effort to obtain any historical information regarding BLAND'S self-admitted depression and PTSD. When asked over the phone, both Ms. COOPER and Ms. NEEDHAM stated they had no knowledge of BLAND'S self-admitted depression and saw no signs of it. The sisters also had no knowledge of BLAND having PTSD and stated the first time they heard of it was on television. Both Ms. COOPER and Ms. NEEDHAM did not know the pass code for BLAND'S phone.

13. Ranger ELLISON also was informed of a meeting the following day (07-19-2015) at the DPS Headquarters building in Houston. Ranger ELLISON subsequently attended this meeting and presented the evidence and facts of the case to United States Congresswoman Sheila Jackson LEE, Lieutenant Governor Dan PATRICK, Texas State Senator Lois KOLKHORST, Texas State Senator Rodney ELLIS, and Texas State Representative Cecil BELL. Also in attendance during the meeting were Waller County District Attorney Elton MATHIS and Waller County Assistant District Attorney Mia MAGNESS, DPS Regional Commander Duane STEEN, Texas Ranger Major Jeff COLLINS, Highway Patrol Captain Terry TRUETT, and Texas Ranger Lieutenant Kip WESTMORELAND. The traffic stop and WCSO jail video footage were viewed and a question and answer session followed with those in attendance.

14. On Sunday, 07-19-2015, Ranger ELLISON received a phone call from Investigator LANGDON who advised he secured the computer he used to make the back-up copies of the jail video into evidence. Ranger ELLISON, Sheriff SMITH, and Investigator LANGDON all agreed the computer should be taken out of service and locked into evidence pending any future examination. This computer was later identified to Ranger ELLISON as a Dell Optiplex 380, bearing Waller County property tag number 4139. The computer was sealed and logged into the WCSO evidence room at approximately 11:30 AM, this date, by Investigator LANGDON and Chief HESTER.

15. On Monday, 07-20-2015, Ranger ELLISON spoke with Gary LEGGETT of TAC Security and Video. LEGGETT advised the camera system operated on a 4 second pre-record time and a 15 second post-record time. LEGGETT explained the cameras were set up for this so that when a motion event was detected by one of the sensors in the camera, the previous 4 seconds were captured and retained as part of the recording. At the cessation of all movement, the camera system would still record for 15 seconds before stopping, unless additional motion was detected; then the time would start over. LEGGETT explained the software contained multiple motion sensitive dots on the screen of each camera which were sensitive to movement. LEGGETT subsequently emailed Ranger ELLISON a copy of the manual for the camera system (Exhibit 7.8) and pointed out that the pre-record and post-record settings were explained on page 32.

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16. Ranger ELLISON learned of a radio interview between a radio personality and Attorney LAMBERT and Ms. COOPER which occurred the morning of Monday, 07-20-2015. DPS analytical personnel obtained a copy of the radio interview (Exhibit 7.9) at the request of Ranger ELLISON. After reviewing the radio interview, Attorney LAMBERT told the radio personalities that an independent autopsy was conducted the day before (Sunday, 07-19-2015), but the results were still pending.

17. Ranger ELLISON arranged for the aforementioned bloodstain card to be picked up and taken to the DPS Crime Laboratory in Houston by Texas Ranger Daron PARKER this date (07-20-2015). Ranger PARKER delivered the bloodstain card to the laboratory and Ranger ELLISON later received the Laboratory Submission Form which reflected case number HOU-1507-08124 (Exhibit 7.10).

18. On 07-20-2015, Ranger ELLISON took custody of the aforementioned hard drives removed from the WCSO jail surveillance camera system. Custody was transferred from WCSO Chief HESTER to Ranger ELLISON at approximately 11:55 AM. Ranger ELLISON took possession of hard drive #1, a Western Digital 2 TB hard drive bearing serial number WCC4MKDKPYSL, and hard drive #2, a Western Digital 2 TB hard drive bearing serial number WCC4MA09ZZV3 (Exhibits 7.12 and 7.13). These two hard drives were in turn released to the custody of FBI Special Agent Angel MARTINEZ (Investigator 5.2). In addition, BLAND'S black Apple iPhone, model number A1428, was also transferred to Special Agent MARTINEZ. The aforementioned items were transferred and submitted to the custody of the RCFL in Houston for examination and verification by Special Agent MARTINEZ this same date. For further details of the transfer of custody, refer to Exhibit 7.11. Report four was amended to reflect the transfer of Exhibit 4.9

19. A press conference was held this date by the WCSO and was conducted by WCSO Captain Brian CANTRELL (Investigator 1.3). The conference was held in the Waller County Courthouse and Captain CANTRELL provided a statement and answered questions. At the end of the press conference, copies of the jail video were given to the various and multiple media outlets who were present. The videos that were released were copies of the .avi format video which captured the hallway to cells 95 and 54 from 6:00 AM through 9:30 AM on 07-13-2015.

20. Major COLLINS assigned Ranger ELLISON to the criminal investigation into the actions of Trooper Brian ENCINIA this date. The Employee Criminal Investigation (ECI) number assigned to this investigation was 2015-0044. Ranger ELLISON was still awaiting Trooper ENCINIA'S offense report and the HQ-12 (Incident Report) at the time of this assignment. Upon receipt of the two aforementioned documents, Ranger ELLISON will attempt to interview Trooper ENCINIA and also review the video of the traffic stop, which will be documented in a subsequent report.
8 1. On Tuesday, 07-21-2015, Texas Ranger Shane ELLISON was notified by FBI Special Agent (SA) Angel MARTINEZ (Investigator 5.2) the Houston Regional Computer Forensic Laboratory (RCFL) was in need of a search warrant in order to examine Sandra BLAND'S cell phone. Ranger ELLISON authored a search warrant this date and subsequently presented it to 506th District Court Judge Albert MCCAIG in Hempstead on Wednesday, 07-22-2015. Judge MCCAIG signed the affidavit and warrant. Ranger ELLISON verbally notified SA MARTINEZ of the authority to search the phone. A copy of the warrant was subsequently sent to SA MARTINEZ the following morning. For details of the warrant and affidavit, refer to Exhibit 8.1.

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2. On 07-21-2015, Ranger ELLISON requested and received the assistance of Texas Ranger Jeff OWLES (Investigator 3.1). Ranger OWLES transported the evidentiary items that were received after the autopsy of BLAND to the DPS Crime Laboratory in Austin. The items were picked up from the Waller County Sheriff's Office (WCSO) evidence room and transferred to Ranger OWLES by WCSO Chief Deputy Craig DAVIS. The items submitted included the sexual assault kit, the trash bag used as a ligature, fingernail scrapings, and the foreign material taken from BLAND'S back. These items were taken to the Austin laboratory so the trash bag could be fingerprinted and swabbed for DNA. (Note: the Houston laboratory does not perform fingerprint analysis). Ranger OWLES submitted the items under the same laboratory case file - HOU-1507-08124. Refer to Ranger OWLES' report for details of the evidence submission and the corresponding Exhibit numbers.

3. On 07-21-2015, the Director of the Department of Public Safety (DPS) attended a meeting between multiple state and local government officials on the campus of Prairie View A&M University. During his statement, Director Steven MCCRAW announced the video of the traffic stop would be released this date and uploaded to the Department's YouTube channel. By the next morning, allegations that the video had been tampered with were being broadcast on multiple news outlets due to what appeared to be a 'glitch' in the video. Although the audio was apparently still tracking as normal, the video track had several anomalies in it which made it appear it had been edited. Ranger ELLISON later learned from the DPS Public Information Office that the original video file did not have these issues. It was discovered that the encoding and compression used to format the video so it could be uploaded to YouTube apparently caused the issue.

4. Pursuant to the allegations the video of the traffic stop had been edited, Ranger ELLISON had Trooper Brian ENCINIA'S patrol vehicle, a Chevrolet Tahoe, bearing DPS unit number C13-1491, brought to the DPS Crime Laboratory in Houston. Ranger ELLISON determined that the hard drive in the video recording system should be verified by the FBI's RCFL, as well. Trooper Ronald TOMPKINS of the DPS Hempstead Highway Patrol Office volunteered to pick up the Tahoe and transport it to the laboratory. Ranger ELLISON arranged for Texas Ranger Noe DIAZ to receive the Tahoe and lock it in the vehicle processing bay of the crime lab. Ranger DIAZ surrounded the Tahoe in crime scene tape and locked the vehicle and its contents inside the aforementioned bay. Ranger ELLISON arranged for SA MARTINEZ to meet him at the laboratory to take custody of the video recording system hard drive and transport it to the RCFL.

5. Ranger ELLISON arrived and photographed the Tahoe at approximately 2:05 PM. DPS Radio Shop Technician John POWERS was also on hand to remove the video recording system. The recorder, identified as a Watch Guard DV-1E Overhead Video Recording System, serial number WGA00450, DPS inventory number 486717, was removed by POWERS at approximately 2:21 PM. Ranger ELLISON took custody of the video recording system (Exhibit 8.2) and then signed it over to SA MARTINEZ at approximately 2:24 PM this date. Refer to Exhibit 8.3 for the transfer of custody and Exhibit 8.4 for the photographs of the Tahoe taken by Ranger ELLISON.

6. On Thursday, 07-23-2015, Ranger ELLISON received the Latent Print Examination Report from the DPS Crime Laboratory in Austin (Exhibit 8.5). The results of the analysis of the trash bag which was used as a ligature were as follows: No suitable latent prints were observed or developed.

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Ranger ELLISON also received the Forensic Biology Report (Exhibit 8.6) from the DPS Crime Lab in Austin this same date. The report indicated the sexual assault kit was not examined, the fingernail scrapings were not examined, and the foreign object taken from BLAND'S back was not examined. The trash bag used as a ligature was swabbed for possible DNA analysis. A presumptive testing for the presence of blood was negative.

The swabs of the trash bag used as the ligature and the remainder of untested evidence were transferred to the DPS Crime Laboratory in Houston for further analysis. The trash bag itself was sent to the Texas Ranger Headquarters in Houston and received by Lieutenant Kip WESTMORELAND on 07-29-2015. Lieutenant WESTMORELAND secured the package containing the trash bag in the evidence closet located at the Texas Ranger Headquarters Office at 12230 West Road in Houston.

7. On 07-23-2015, Ranger ELLISON received copies of the dash-cam video (Exhibit 8.7) from Waller Police Department Acting Chief Mike WILLIAMS. Waller Police Department Officer Michael LOPEZ responded to the traffic stop on 07-10-2015, to assist Trooper ENCINIA after he radioed for another unit. Ranger ELLISON received a copy of Officer LOPEZ' report on Friday, 07-24-2015 (Exhibit 8.8). In his report, Officer LOPEZ stated he arrived at 4:40 PM, and parked behind Prairie View Police Department (PVPD) Officer Penny GOODIE (Witness 2.6). Officer LOPEZ learned the female driver of the vehicle (BLAND) had assaulted Trooper ENCINIA. Officer LOPEZ was asked to assist Officer GOODIE with the search and inventory of the vehicle. Officer LOPEZ searched the driver's side front and rear seats and only observed a purse on the center console. Officer LOPEZ observed injuries to Trooper ENCINIA'S hand and shin and offered to call EMS for him and the female driver. Trooper ENCINIA declined an EMS evaluation for himself, but asked for one for BLAND. Officer LOPEZ radioed WCSO for EMS and received confirmation a medic unit was en route. Officer LOPEZ stated he saw an approximately five inch long abrasion and bruise on Trooper ENCINIA'S right shin and a symmetrical skin tear to his left ring finger. Officer LOPEZ left the scene at 4:55 PM.

Refer to Exhibit 8.8 for complete details of Officer LOPEZ' statement and Exhibit 8.7 for the video footage from Officer LOPEZ' dash-cam.

8. At approximately 5:30 PM, Ranger ELLISON received a copy of the dash-cam video from PVPD Officer Michael KELLEY'S patrol car (Exhibit 8.9) from PVPD Chief Larry JOHNSON (Investigator 6.3). Ranger ELLISON also received a copy of Officer KELLEY'S written report on 08-17-2015 (Exhibit 8.10). In his report, Officer KELLEY stated he was dispatched to assist Trooper ENCINIA with a traffic stop at 400 University Drive in Prairie View. Officer KELLEY arrived and was told by Officer GOODIE the suspect (BLAND) tried to fight Trooper ENCINIA. When she (GOODIE) arrived, they were on the ground, BLAND was resisting, and it took both of them to restrain her. Officer KELLEY observed BLAND in Officer GOODIE'S patrol car in the rear seat crying. Officer KELLEY saw dirt and a piece of a stick on her dress. Officer GOODIE told him the dirt and stick were from fighting on the ground with the Trooper. Officer KELLEY stated BLAND said her head was hurting where someone kicked her. When EMS arrived, BLAND refused treatment and told EMS 'don't touch me!' Per Officer KELLEY'S report, BLAND said she had epilepsy and had not been taking her medication because she had no money to buy it due to not having a job. BLAND was afraid she would start having seizures again from being hit in the temple area of her head. Officer KELLEY observed a wrecker tow BLAND'S vehicle and Officer GOODIE transport BLAND to the WCSO.

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Refer to Exhibits 8.9 and 8.10 for complete details of Officer KELLEY'S report and dash-cam video footage.

9. On 07-23-2015, at approximately 6:10 PM, Ranger ELLISON interviewed Kyal WEBSTER at her residence in Hempstead. WEBSTER spoke with BLAND right before she was stopped by Trooper ENCINIA. The following is a summary of the interview with WEBSTER. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.11 contains a verbatim account of the interview.

WEBSTER stated she knew BLAND because BLAND used to work for her in the financial aid department when BLAND attended Prairie View A&M University in 2009 or 2010. BLAND worked for about a semester as a graduate student. BLAND called her about a month ago, on 06-18-2015, and asked WEBSTER about getting a job and said she was looking to come back to Texas. BLAND arrived on Wednesday for her job interview on Thursday, and WEBSTER saw her on Friday, 07-10-2015. WEBSTER and BLAND spent about 40 to 45 minutes together. BLAND told her that it was a 'blessing' that she was able to get a job so quickly. WEBSTER stated she and BLAND were together from 3:00 PM to 3:45 PM (approximate). BLAND appeared happy and excited about her new job.

10. Interview of Kyal WEBSTER continued:

WEBSTER stated BLAND'S new job was in the agriculture department and her degree was in agriculture, as well. BLAND indicated she wanted a more stable and permanent job. BLAND told her Texas felt more like home to her. WEBSTER had no knowledge of BLAND having any mental or psychological issues. BLAND never talked about anything like that. WEBSTER recalled that when BLAND worked for her, she had epilepsy. WEBSTER recalled she had to talk to BLAND when she worked for her, because her mouth was 'big.' Whenever BLAND thought something, she would say it. WEBSTER was not surprised when she watched the video of the traffic stop and stated that it was 'typical Sandy.' When the Trooper asked her what was wrong, she knew BLAND was going to tell him how she felt. WEBSTER stated it looked like BLAND brought all of her belongings with her when she moved. Her belongings were at LaVaughn MOSLEY'S house. WEBSTER had heard BLAND and MOSLEY were seeing each other, but did not know if that information was true or not.

11. Interview of Kyal WEBSTER continued:

WEBSTER stated when she and BLAND met that Friday, BLAND was not smoking marihuana and WEBSTER did not smell it on her person. WEBSTER'S office was video recorded and was on the third floor of the Memorial Student Center. She knew that some things might have been done wrong, but that did not mean the Sheriff's Office killed BLAND. WEBSTER accepted BLAND killed herself and appreciated the Waller County District Attorney was being so transparent. WEBSTER could not understand how anyone would still have questions since so much information had been put out by law enforcement. WEBSTER felt like the family was in denial, but understood how they would be. WEBSTER thought the Trooper might have made some mistakes and said it looked like he might have been inexperienced. WEBSTER did not think the Trooper

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was being a 'butthole' like everyone was saying. WEBSTER stated BLAND could have 'shut up' during the stop.

12. Interview of Kyal WEBSTER continued:

WEBSTER recalled she and BLAND talked until 3:45 PM, because she missed several phone calls while they were talking. She checked the missed call log on her phone. WEBSTER did not know where BLAND went after they talked, but knew BLAND was stopped around 4:30 PM. They spoke in the front lobby of her office, which was recorded, and her movements in the building should have been recorded, as well. WEBSTER advised there were cameras everywhere in the building. She could have sat in the car or could have stopped at Hobart Hall prior to leaving the campus. In her opinion, the reason no one bonded BLAND out of jail was due to lack of money. WEBSTER knew the family started a 'Go Fund Me' account. They raised about $10,000.00 so they could travel to Texas. WEBSTER did not think the family had the money to get BLAND out of jail. WEBSTER also stated BLAND'S mother said at the funeral that she did not know BLAND had left, and when she talked to BLAND, she was almost to Texas.

The interview ended at approximately 7:04 PM.

13. On Friday, 07-24-2015, Ranger ELLISON traveled to the WCSO and met with Investigator Marc LANGDON (Investigator 1.9) to get information on the trash can liner, or trash bag, which was used as the ligature. Investigator LANGDON provided a white cardboard box to Ranger ELLISON which contained the trash bags. Ranger ELLISON noted the box which contained the bags indicated they were Gateway Liners brand, size 38x58, 14 mil, clear and packaged 200 per case. Ranger ELLISON retained one of the bags as Exhibit 8.12.

14. On 07-24-2015, Ranger ELLISON received copies of the EMS reports from WCSO Investigator Mike PARINELLO (Investigator 1.4). The reports documented the EMS response to the traffic stop on 07-10-2015 (Exhibit 8.13) and the other documented the response to the jail on 07-13-2015 (Exhibit 8.14).

Exhibit 8.13 summary: EMT Tim GARRETT and Paramedic Brandy STEVENS responded to the traffic stop on 07-10-2015. EMT GARRETT stated in the narrative of the report that the patient (BLAND) was in the custody of law enforcement, did not want EMS, and would not allow EMS to assess her or take vitals. EMS observed the patient was not in any distress and she was left in the custody of law enforcement. Refer to Exhibit 8.13 for complete details of the report.

Exhibit 8.14 summary: Paramedic Cristi ALEXANDER, EMT Kaylene GRIGAR and EMS Supervisor James JONES responded to the WCSO Jail on 07-13-2015. Paramedic ALEXANDER stated in the narrative of the report that upon arrival, the patient (BLAND) was unresponsive on the floor of the jail cell with a first responder doing CPR. Injuries compatible with hanging were noted and the patient was placed on a monitor and found to be asystole (no heart rhythm) with possible one hour downtime. CPR was discontinued and time of death was noted. EMS cleared the scene. Refer to Exhibit 8.14 for complete details of the report.

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15. On 07-24-2015, Ranger ELLISON traveled to the Prairie View A&M University Police Department and met with Chief Zena STEPHENS (Investigator 5.7). Ranger ELLISON inquired about the video surveillance cameras on campus. Ranger ELLISON informed Chief STEPHENS of the information obtained from Kyal WEBSTER where she met BLAND in the lobby of her office on 07-10-2015. Chief STEPHENS and her staff was able to find the video recording of BLAND and WEBSTER in the aforementioned office lobby and additionally tracked BLAND throughout the building. BLAND was observed on the first floor of the Memorial Student Center talking to an individual identified as Elbert SEWELL, who was the Operations Manager for Food Services on campus. Ranger ELLISON asked for a copy of BLAND'S movements on campus, as captured by the surveillance cameras, be made available. Chief STEPHENS agreed to the request and Ranger ELLISON received a copy of the video footage on a thumb drive on Tuesday, 07-28-2015, at approximately 4:30 PM. Ranger ELLISON reviewed the video footage at a later date and observed where BLAND left the Memorial Student Center (MSC) at 4:25 PM, per the video footage. Ranger ELLISON was told the door she exited from led to the parking lot she was most likely parked in on the south side of the MSC. Refer to Exhibit 8.15 for complete details of the video footage.

16. On 07-24-2015, Ranger ELLISON also received a document from DPS Communications which documented all of the radio and in-car traffic ran by Trooper ENCINIA on 0710-2015. This document was sent to Ranger ELLISON in Excel format and was in two parts. The first tab in the document was all traffic for all troopers on 07-102015, and the second tab was all traffic ran by Trooper ENCINIA only. Ranger ELLISON retained this document, or more specifically the CO-29, as Exhibit 8.16. Refer to this document for all driver license, identification card, and license plate inquiries ran by Trooper ENCINIA. The document also included all criminal histories ran that date, as well as any notes added by the DPS Communications Operator.

17. On 07-24-2015, Ranger ELLISON requested the original copy of the warning Trooper ENCINIA issued and presented to BLAND during the traffic stop from Texas Highway Patrol (THP) Captain Terry TRUETT (Investigator 7.5). Ranger ELLISON was emailed scanned copies of the warning for Fail to Signal Lane Change and two tickets where BLAND was charged with Assault - Public Servant and Driving While License Invalid. Also included was a printout of the warnings and tickets issued by Trooper ENCINIA for 07-09-2015 through 07-10-2015. The original documents were taken to Captain TRUETT'S office in Conroe, Texas by THP personnel, and picked up by Ranger ELLISON at a later date. Ranger ELLISON retained both the scanned copies and the originals as Exhibit 8.17.

18. On 07-28-2015, at approximately 10:15 AM, Ranger ELLISON interviewed Waller County EMS Paramedic Brandy STEVENS at her office located at 612 Walnut Street in Waller, Texas. Paramedic STEVENS responded to the traffic stop in Prairie View on Friday, 07-10-2015. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.18 contains a verbatim account of the interview.

Paramedic STEVENS stated she and her partner, Tim GARRETT, arrived at the scene of the traffic stop on Friday, 07-10-2015, and observed BLAND was in custody in the back of a Prairie View Police Department patrol car. BLAND seemed agitated, and

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when they attempted to offer her medical treatment, she refused and stated 'don't touch me.' BLAND pulled away from her when she said that and she did not complain of any injuries. Law enforcement told her that they wanted to see if she needed medical attention since she was in custody. Paramedic STEVENS did not observe any injuries on BLAND and she did not hear the officers speaking of any injuries. Paramedic STEVENS stated this was not an implied consent situation and when she refused treatment, Paramedic STEVENS left the scene.

The interview ended at approximately 10:20 AM.

19. Interview of Waller County EMS EMT Tim GARRETT on 07-28-2015, at approximately 10:33 AM, at the Waller County EMS office at 612 Walnut in Waller, Texas. EMT GARRETT responded to the scene of the traffic stop on Friday, 07-10-2015. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.19 contains a verbatim account of the interview.

EMT GARRETT stated when he and his partner arrived at the scene of the traffic stop, he observed BLAND in the back seat of a patrol car. BLAND was not willing to talk to them and said she did not want them to touch her or assess her. BLAND was staring at the seat in front of her and EMT GARRETT stated it looked like a 'blank stare.' BLAND stated to not touch her more than once. EMT GARRETT did not see any injuries on BLAND nor did he hear her complain of any injuries. Law enforcement did not tell him of injuries. EMT GARRETT stated this was not an implied consent situation where they could force her to be treated and when she refused, they left after about 10 minutes.

The interview ended at approximately 10:39 PM.

20. Interview of Elbert SEWELL on 07-28-2015, at approximately 4:50 PM, in the Prairie View A&M University Police Department conference room. SEWELL was the individual identified on the Prairie View A&M University video surveillance system speaking with BLAND on the first floor of the Memorial Student Center on Friday, 07-10-2015. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.20 contains a verbatim account of the interview.

SEWELL stated he spoke to BLAND and she told him that she was starting a new job. BLAND used to work for his company when she was in school and she also took a nutrition class he assisted with. BLAND asked SEWELL about a part time job and he explained the application process to her. BLAND seemed to be in a good mood and appeared to be happy about her new job. SEWELL stated he talked to BLAND for three to four minutes and she did not say where she was going next. SEWELL thought he talked to BLAND at approximately 3:30 PM, and he did not see her talk to anyone else.

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21. Interview of Waller County EMS EMT Kaylene GRIGAR on 07-29-2015, at approximately 5:26 PM, at the Waller County EMS office located at 612 Walnut in Waller, Texas. EMT GRIGAR responded to the Waller County Jail on 07-13-2015, after BLAND was found hanging in her cell. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.21 contains a verbatim account of the interview.

EMT GRIGAR stated she responded to the WCSO Jail after the call went out as a trauma and not CPR. Upon arriving, a WCSO Jailer opened the front door and told her 'hurry, hurry' and they went in and entered the cell. A WCSO Jailer was performing CPR and GRIGAR believed he used to be a medic, but was unsure of his name. She observed the jailers were frantic and GRIGAR thought it could have been a jailer who was hurt, but learned it was an inmate. BLAND was on her back close to the door and she was cold to the touch. The jailers told her that she was fine during the last security check, and when they came back to check on her, she was found hanging in her cell. EMT GRIGAR was in the cell for approximately 10 to 15 minutes. EMT GRIGAR did not observe or hear anything that led her to believe there was any wrongdoing and stated the jailers were very concerned. EMT GRIGAR stated after placing monitors on BLAND, her supervisor, identified as James JONES, determined the time of death and EMS left the building.

The interview ended at approximately 5:32 PM.

22. On 07-30-2015, at approximately 10:30 AM, Ranger ELLISON interviewed Danielle HAIRSTON-GREEN within the offices of the Prairie View A&M University Police Department. HAIRSTON-GREEN was the Program Specialist for the College of Agriculture and also one of the individuals who interviewed BLAND for the job for which she applied. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.22 contains a verbatim account of the interview.

HAIRSTON-GREEN stated BLAND applied for the summer program associate position which was a research project designed to look at how a FitBit impacted a person's health. BLAND'S job was to assist with data collection, program and workshop design, and to interact with participants. The job was temporary, but the hours were full-time. The job would conclude at the end of the semester. HAIRSTON-GREEN talked to BLAND on Tuesday, 07-07-2015, and asked BLAND to come to the interview board on Thursday, 07-09-2015. BLAND said she would fly in from Chicago so HAIRSTON-GREEN scheduled the interview for 1:00 PM.

23. Interview of HAIRSTON-GREEN continued:

HAIRSTON-GREEN stated she learned from BLAND during the interview that she actually drove in from Chicago and packed everything she had. BLAND arrived 20 minutes prior to the interview. BLAND was confident and excited about the interview and said her faith told her that she would get the job. There were a

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total of three people on the interview board and all agreed BLAND appeared to be desperate for the job. HAIRSTON-GREEN could tell from the way BLAND answered questions she was an outspoken, direct, and confident person. HAIRSTON-GREEN did not observe any signs of drug use, namely marihuana, and did not notice the smell of cigarettes about her either. HAIRSTON-GREEN told BLAND a decision would be made that night and she called her around 6:00 PM or 6:30 PM and offered her the job. BLAND returned her call the next morning around 7:15 AM. HAIRSTON-GREEN and BLAND spoke around 9:00 AM, and she told BLAND that she would help her eventually get a permanent job. BLAND was not given a specific hire date from HAIRSTON-GREEN and she was not sure who told her she would start the following week or on 07-15-2015. HAIRSTON-GREEN did not observe any indicators of mental issues, such as depression, during the interview or while talking to her on the phone.

The interview ended at approximately 10:50 AM.

24. On Thursday, 07-30-2015, Ranger ELLISON received a thumb drive which contained seven video clips titled as follows:

1. Booking Room.avi 2. Cell Assignment.avi 3. Hallway.avi 4. Inprocessing.avi 5. Intake.avi 6. Magistration.avi 7. Sally Port.avi.

Sheriff Glenn SMITH (Investigator 5.6) told Ranger ELLISON he had a member of his staff compile all of the video where BLAND was seen moving within the jail in an attempt to quash all of the allegations and rumors BLAND was dead when her booking photo was taken. The video clips were subsequently released by Sheriff SMITH to the news media. Ranger ELLISON retained the drive containing the video clips as Exhibit 8.23.

25. On 07-30-2015, at approximately 12:57 PM, Ranger ELLISON interviewed Waller County EMS Paramedic Cristi ALEXANDER at her office located at 26156 FM 362 in Waller, Texas. Paramedic ALEXANDER responded to the Waller County Jail on Monday, 07-13-2015. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.24 contains a verbatim account of the interview.

Paramedic ALEXANDER stated she responded to the Waller County Jail with her partner for a trauma call. Upon entry into the cell, she saw WCSO Deputy Randy LEWIS performing CPR on BLAND. Paramedic ALEXANDER asked how long it had been since someone saw her last. She was told it had been one hour, and that BLAND was

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found hanging by a trash bag. Three leads were placed on BLAND'S body and she was found to be asystole (no heartbeat rhythm). There was a deep and wide ligature mark on her neck and her neck appeared to be somewhat elongated. Blood was already pooled in her 'flanks', or the back side of her torso. BLAND'S skin was cool, not cold or rigid, and she was laying on the floor of the cell with her head toward the door and feet toward the bed. BLAND'S eyes were fixed and dilated.

26. Interview of Paramedic ALEXANDER continued:

Paramedic ALEXANDER stated there were absolutely no signs of foul play. Deputy LEWIS was performing great CPR. He used to work with them as a basic EMT. Her supervisor, James JONES, asked Chief HESTER if he was okay with pronouncing BLAND deceased, as there would not be a change in the outcome if she was transported. Everyone was in agreement and BLAND was pronounced deceased. Paramedic ALEXANDER stated there was lots of concern in the room and the jail staff was solemn.

The interview ended at approximate 1:05 PM.

27. On 07-31-2015, Ranger ELLISON received the Trace Analysis Laboratory Report (Exhibit 8.25). The report documented the foreign object found on BLAND'S back was possible vegetation. The forensic scientist who examined the item noted the possible vegetation had material present visually similar to blood and it was forwarded to the DNA section for further analysis.

The results of the hair comparisons from BLAND were as follows: No analysis was done to compare the pulled pubic hair standard to the pubic hair combings due to the fact the combings only contained body hair. The laboratory indicated body hair was not considered suitable for hair comparisons.

The analysis of the hair combings indicated they were visually similar to the known head hair standard from BLAND.

For complete details of this report, refer to Exhibit 8.25. Note that Texas Ranger Jeff OWLES submitted the aforementioned items to the DPS Crime Laboratory in Austin on Tuesday, 07-21-2015, and they were subsequently transferred to the DPS Crime Laboratory in Houston for further testing.

28. On Tuesday, 08-04-2015, Ranger ELLISON and FBI SA MARTINEZ met and took a written statement from Trooper ENCINIA, who was being represented by his attorney.

Ranger ELLISON also received the HQ-12 Incident Report from Captain TRUETT on Thursday, 07-23-2015, and the completed copy of Trooper ENCINIA'S arrest report on Thursday, 07-30-2015.

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The aforementioned documents will be summarized in a subsequent report along with a summary of the traffic stop.

29. On Thursday, 08-07-2015, at approximately 2:33 PM, Ranger ELLISON interviewed Kenneth Clay BEACH at the WCSO. BEACH was the Terminix exterminator contracted with the WCSO and was observed on the jail video footage on 07-13-2015, before BLAND was found deceased in her cell. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.26 contains a verbatim account of the interview.

BEACH stated he was at the jail around 7:00 AM or 7:30 AM on 07-13-2015. BEACH recalled going into the hallway to cell 95. BEACH advised he did not look into the cell. BEACH stated he did not look into any of the cells in the jail because he did not want to make eye contact with the inmates. He was in the hallway for about 30 seconds to one minute and he did not notice anything out of the ordinary. BEACH did not observe anything which would lead him to believe the jailers had anything to do with BLAND'S death. BEACH heard about her death the next morning on the radio.

The interview ended at approximately 2:37 PM.

30. On Monday, 08-10-2015, at approximately 3:40 PM, Ranger ELLISON interviewed Austin County Sheriff's Office Deputy Adam SHEPARD in the Prairie View A&M University Police Department conference room. Deputy SHEPARD was off duty in his personal vehicle and drove by the traffic stop of BLAND on Friday, 07-10-2015. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.27 contains a verbatim account of the interview.

Deputy SHEPARD stated when he turned south on University Drive, he saw there was a traffic stop with a Trooper. When he passed by, he saw the Trooper was struggling with a black female. He did not know if she was in handcuffs or if the Trooper was attempting to put handcuffs on her. Deputy SHEPARD saw several people walking across the street, so he turned around and went back to ensure the Trooper's safety. Deputy SHEPARD stated BLAND was being non-compliant, and while the Trooper attempted to control her, she kept pulling away. Deputy SHEPARD did not see the Trooper slam her on the ground and he observed that they were on the sidewalk. He saw how BLAND was trying to walk away and the Trooper would pull her back. Deputy SHEPARD did not see Trooper ENCINIA hit BLAND or throw her around. Deputy SHEPARD stated all he saw was her pulling away and he could also hear both BLAND and Trooper ENCINIA yelling at each other. Deputy SHEPARD did not see BLAND swinging her elbows or kicking as he passed by.

31. Interview of Deputy SHEPARD continued:

Deputy SHEPARD stated he saw a tall black male walking across the street in the

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direction of the traffic stop. He thought it could have been the person who filmed a portion of the stop and posted it on YouTube. Deputy SHEPARD did not know who this individual was. Deputy SHEPARD observed what he believed was a typical person who looked like she did not want to go to jail and it was not out of the ordinary. Deputy SHEPARD did not see anything that went on in the car and he did not see Trooper ENCINIA place her on the ground. Deputy SHEPARD saw the Prairie View Police Department patrol car on the other side of the US 290 bridge traveling toward him, and when he saw it, he left. Deputy SHEPARD stated he did not see Trooper ENCINIA do anything wrong, out of the ordinary, or abusive.
The interview ended at approximately 3:50 PM.
32. On 08-10-2015, at approximately 4:45 PM, Ranger ELLISON interviewed Joe BOOKER at his office located at 1136 Austin Street in Hempstead. BOOKER managed All Bail Bonds and was the bondsman who talked to BLAND, BLAND'S mother, and her sister prior to her being found deceased. The following is a summary of the interview. The following summary does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. Exhibit 8.28 contains a verbatim account of the interview.
BOOKER stated BLAND called him on Sunday, 07-12-2015, and wanted to know what kind of arrangement they could make for her bond. BLAND told him she did not have any money and he, in turn, asked about her family. BLAND gave him her sister's phone number. BOOKER called her sister (unidentified) this same day. The sister told him that she had four kids and $100.00 and that was all she could do. The sister also told BOOKER that she (BLAND) knew that she could not help her. BLAND'S mother then called him on Sunday evening and asked about the charges and his fees. BOOKER told her that the fee was $515.00. The mother told him that she would try to get some money together and she would call him back. BOOKER received a call back from the mother on Monday and she told him that her daughter was in the morgue. BOOKER later received a text message from the mother which said 'it is safe for you to talk to me.' BOOKER thought this meant for him to call her back. BOOKER stated he accidentally erased the message when he was attempting to show someone.
The interview ended at approximately 4:55 PM.
33. Ranger ELLISON received a written statement from Waller County EMS Supervisor James JONES (Exhibit 8.29) in reference to his response to the Waller County Jail on 07-13-2015. Ranger ELLISON received the statement on 08-13-2015, and the following is a summary of the same:
JONES stated he responded to the Waller County Jail with Medic 10 for a trauma call. JONES arrived, grabbed some equipment, and was escorted to the cell by jail staff. JONES was told BLAND was found hanging from a trash bag and he observed that she had no pulse, was apneic (not breathing), cool to the touch, and had a ligature mark around her neck. JONES told the Chief Jailer there was nothing else they could do. JONES and the other EMS personnel removed their equipment from the cell and left the jail.

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For complete details of JONES' statement, refer to Exhibit 8.29.

34. On 08-14-2015, Ranger ELLISON received the Houston DPS Crime Laboratory Forensic Biology report. The report documented no semen was detected on the vaginal, rectal and oral swabs collected at the autopsy for the sexual assault kit. The report also documented no blood was detected on BLAND'S fingernail scrapings and clippings from both the right and left hands. Apparent blood was detected on the foreign material collected from BLAND'S back. See Exhibit 8.25 where it was determined the material was possible vegetation. For complete details of this report, refer to Exhibit 8.30.

35. On Wednesday, 08-26-2015, Ranger ELLISON received the DNA Laboratory report from the Houston Crime Laboratory. The report documented the following:

The DNA extract for the vaginal, rectal, and oral swabs were all consistent with the DNA profile of BLAND. No interpretable DNA profiles were obtained from the body hair from the pubic hair combings. No DNA profile was obtained from the head hair from the head hair combings and comb. No interpretable DNA profiles were obtained from the knots and ends of the trash bag (ligature). The DNA profiles from the right and left hand fingernail scrapings and clippings were consistent with the DNA profile of BLAND. The DNA profile from the foreign material from scabbed area of BLAND'S upper back was consistent with the DNA profile of BLAND.

For complete details of this report, refer to Exhibit 8.31.

36. On 08-26-2015, Ranger ELLISON shipped BLAND'S iPhone 5, model number A1428, to the Cellebrite headquarters in Parsippany, New Jersey. Ranger ELLISON retrieved the phone (Exhibit 4.9) from the RCFL this date, at approximately 11:37 AM, from RCFL employee Hong NGUYEN. Ranger ELLISON prepared the phone for shipment and shipped the phone via FedEx Standard Overnight, tracking number 781223085888, at approximately 1:20 PM. The package arrived at the Cellebrite office the following morning, Thursday, 08-27-2015, at approximately 9:14 AM, and was signed for by a Cellebrite employee. Ranger ELLISON received an email confirmation from Cellebrite that the iPhone was in their custody. Ranger ELLISON printed out the tracking history from the FedEx website and retained it, along with a copy of the Return to Agency Evidence Receipt from the RCFL, as Exhibit 8.32.

Upon return receipt of BLAND'S phone, it will be re-submitted to the RCFL for a forensic examination. The results of the forensic examination will be documented in a subsequent report.

37. Report four was amended to reflect the transfer of Exhibit 4.9.

9 1. As documented in Report 7 of this file, on Monday 07-20-2015, Texas Ranger Shane ELLISON was assigned to conduct the Employee Criminal Investigation (ECI) of Trooper Brian ENCINIA'S actions surrounding the traffic stop of Sandra BLAND. Ranger ELLISON received the HQ-12 Incident Report (Exhibit 9.1) on 07-23-2015, and the THP-1 Offense Report on 07-30-2015 (Exhibit 9.2).

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Trooper ENCINIA agreed to be interviewed and provided a written statement (Exhibit 9.3) on Tuesday, 08-04-2015. Trooper ENCINIA was represented by his attorney, Larkin EAKIN, during the statement. Trooper ENCINIA and his attorney agreed to provide the statement to supplement the THP-1 Offense Report in order to provide additional details of Trooper ENCINIA'S observations and actions during the encounter with BLAND.

Note: The HQ-12 Incident Report is a form utilized by the Department of Public Safety to report employee injury, non-employee property damage or injury, use of force, assault on an officer, fleet occurrence and vehicle pursuits.

2. Ranger ELLISON reviewed the HQ-12. Ranger ELLISON noted Trooper ENCINIA'S first line supervisor, THP Sergeant Darren VACEK (Investigator 5.4), reviewed the video and spoke with Trooper ENCINIA about the incident. This was an administrative function by Sergeant VACEK and the cursory findings indicated the following:

Sergeant VACEK stated he found several areas of concern, one being where Trooper ENCINIA deviated from the Department's Seven Step Violator Contact policy. Trooper ENCINIA did not tell BLAND what action he was going to take, and by the time he told BLAND she was receiving a warning, the situation was already out of hand. Sergeant VACEK also noted Trooper ENCINIA appeared to display rude behavior during his conversation with BLAND, and when BLAND told him she had epilepsy, he responded 'good.'

Sergeant VACEK stated he believed the concerns he listed were training related. Sergeant VACEK counseled Trooper ENCINIA over the importance of the Seven Step Violator Contact and instructed him to be mindful of comments which may come across as rude when dealing with the public.

The administrative findings and documentation were referred to OIG by Captain Terry TRUETT (Investigator 7.5) for further investigation.

Refer to Exhibit 9.1 for complete details.

3. Ranger ELLISON reviewed Trooper ENCINIA'S THP-1 Offense Report (Exhibit 9.2) which outlined the events of the traffic stop and subsequent arrest of BLAND. Ranger ELLISON noted Trooper ENCINIA documented that after he greeted the driver, he observed she appeared angry when he asked for a driver license after she handed him an ID card. Trooper ENCINIA identified the driver as Sandra Annette BLAND. He went back to his vehicle to run her license and printed out a warning for the traffic violation (Exhibit 8.17, the DPS HP-3 written warning). Trooper ENCINIA returned to the vehicle on the driver's side and BLAND was smoking a cigarette. BLAND began flicking cigarette ashes in his direction and he asked BLAND if she was okay. BLAND told Trooper ENCINIA that she was waiting on him and told him that she was irritated she was getting a ticket for moving out of his way. Trooper ENCINIA asked if BLAND was done and she replied yes. Trooper ENCINIA attempted to

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tell BLAND what she was receiving and what she must do for the warning. BLAND continued to flick ashes toward Trooper ENCINIA and he asked her to put the cigarette out. BLAND in turn told him that she was in her car and did not have to put out her cigarette.

4. Review of Trooper ENCINIA'S THP-1 Offense Report continued:

Trooper ENCINIA stated he asked BLAND to step out of her vehicle for her safety, as well as his, so he could complete the traffic investigation. BLAND became combative and uncooperative and told Trooper ENCINIA that she did not have to get out of the car. Trooper ENCINIA stated BLAND began reaching into her purse and grabbed what appeared to be a phone. Trooper ENCINIA stated he then opened the door and ordered her out of the vehicle. Trooper ENCINIA stated at the time, he did not know what she was reaching for. After numerous orders to exit the vehicle, BLAND told Trooper ENCINIA that he did not have the right to do that, she refused to talk to him, and only had to identify herself. Trooper ENCINIA continued to order BLAND out of the vehicle and then attempted to remove her. She became more combative. Trooper ENCINIA stated BLAND said 'ok let's do this' and she swung three times at his head. Trooper ENCINIA ducked out of the way. Trooper ENCINIA called for back up as BLAND continued to swing her arms, kick her legs, and told Trooper ENCINIA she was not under arrest.

5. Review of Trooper ENCINIA'S THP-1 Offense Report continued:

Trooper ENCINIA pulled his taser, pointed it at BLAND, and continued to order her out of the vehicle. BLAND finally exited the vehicle and it appeared to Trooper ENCINIA that she was talking to someone on the phone. BLAND was ordered to put down her phone and she slammed it down on the trunk of her vehicle while she continued to use curse words, swing her arms in the air, and pace angrily on the sidewalk. Trooper ENCINIA secured his taser and attempted to place BLAND in handcuffs for officer safety. BLAND pulled away from Trooper ENCINIA and swung her elbows at him as he tried to do this. BLAND was finally placed in handcuffs and she began swinging her elbows at him and told him she could not wait to go to court. Trooper ENCINIA told BLAND to stop moving and she asked him if he was going to throw her to the ground. Trooper ENCINIA told her no and that she needed to 'knock it off.'

6. Review of Trooper ENCINIA'S THP-1 Offense Report continued:

Trooper ENCINIA walked back to BLAND'S car to close the door and get his clipboard. Trooper ENCINIA stated he did this to allow BLAND to calm down and to try to de-escalate her violent gestures. Prairie View PD Officer Penny GOODIE arrived and he escorted BLAND towards Officer GOODIE'S patrol car. BLAND began swinging her elbows and stating that Trooper ENCINIA was trying to break her arm and she kicked him in the shin. Trooper ENCINIA pulled BLAND to the ground in the grass to further subdue her. Officer GOODIE assisted Trooper ENCINIA hold BLAND down as she continued to kick her legs. BLAND was removed from the ground, checked for injuries, and placed into Officer GOODIE'S patrol car. BLAND later refused treatment by EMS and was transported to the Waller County Jail where she was charged with Assault - Public Servant, Texas Penal Code 22.01 (b)(1), 3rd Degree Felony. BLAND was also issued a citation for Driving While License Invalid, a

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warning for an Expired Driver License and a warning for Fail to Signal Lane Change.

Refer to Exhibit 9.2 for complete details of the report.

7. As documented, Ranger ELLISON and FBI Special Agent Angel MARTINEZ (Investigator 5.2) met with Trooper ENCINIA and his attorney on Tuesday, 08-042015. Trooper ENCINIA and Attorney EAKIN asked Ranger ELLISON to type the statement as Trooper ENCINIA spoke. Ranger ELLISON agreed to the request and the text of the statement is as follows:

'On July 10, 2015 I completed a traffic stop on the Prairie View A&M University campus and I walked back to my patrol vehicle and sat in the driver seat. As I sat down, I observed a silver car disregard a stop sign on what I thought was either a private parking lot or a public roadway. I turned around and caught up to the vehicle to check the condition of the vehicle, and observed it to change lanes without using a turn signal on FM 1098. I saw a clear-cut violation of the traffic law when the driver did not signal a lane change from the left lane to the right lane. I initiated a traffic stop at approximately 4:27 pm for Fail to Signal Lane Change. Through the training that I have received, I have been taught that the benefit of the doubt always goes to the violator. I did not attempt to enforce the stop sign violation since I was not sure if the violation occurred in a private parking lot or a public roadway.'

8. Trooper ENCINIA'S written statement continued:

'I stopped the vehicle in the right lane of FM 1098 and it did not have an improved shoulder. I stopped the patrol car in the right lane of traffic. I made a passenger side approach to the vehicle since my training has taught me that this position allows for a better view of the passenger compartment to observe the driver or any passengers. Additionally, the passenger side approach gets me out of the roadway for my traffic safety and allows for a clear view of the driver during the traffic stop. I identified myself to the female driver and told her why she was stopped. I immediately noticed that the driver was stomping her feet on the floorboard and breathing heavily. I asked for her driver license and insurance. As I was talking to the driver, I was also checking the condition of the vehicle and visually looking for things or items in the open or that could be concealed that could potentially be a danger to me, such as weapons. I was also looking for criminal indicators that could be used to detect criminal activity. I do this for all traffic stops and encounters and I have been taught through my training and experience to check for weapons, drugs and behaviors for my safety.'

9. Trooper ENCINIA'S written statement continued:

'After I checked the interior of the vehicle, I observed the driver was going through multiple items in her purse, which was a dark colored medium sized handbag. The driver produced an Illinois identification card and insurance identifying her as Sandra BLAND. I asked Ms. BLAND how long she had been in Texas and she replied, 'Just got here yesterday.' Ms. BLAND had my full attention as she

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continued to stomp her feet on the floorboard, and was swinging her legs back and forth and displaying what I interpreted to be aggressive behavior. Ms. BLAND was not displaying any signs of nervousness. I was not expecting this type of behavior and considered her actions to be an indicator that something was wrong, possibly criminal activity. I knew through my experience and training that this was not normal behavior. I also know through my training and experience that when a violator hands me an identification card instead of a driver license, it could be an indicator that the violator could be concealing their background and history. I asked Ms. BLAND if she had a valid driver's license and she said 'Isn't that what I gave you?' I told her 'no ma'am' and she said 'my apologies.' I replied 'it's ok' and she handed me her Illinois driver's license.'

10. Trooper ENCINIA'S written statement continued:

'I normally attempt to make small talk to build rapport with violators, and I routinely ask violators several questions to include where they are going. I have been trained to utilize the 7 step violator contact as well as to go beyond the stop to look for criminal indicators. I asked Ms. BLAND where she was headed to now and she replied, 'Doesn't matter.' I knew at this point based on her demeanor that something was wrong and my awareness became heightened as I reevaluated the situation. I walked to the front of her vehicle so I could check its condition, such as equipment defects and registration, but I was also watching Ms. BLAND in an attempt to gather more indicators from her behaviors and movements as I watched her though the front windshield. I told Ms. BLAND to give me a few minutes and I walked back to my patrol vehicle. I ran Ms. BLAND's driver license on my in-car computer system and I only received a return from Illinois. At the time when I ran her license, I did not know about her having a Texas driver license.'

11. Trooper ENCINIA'S written statement continued:

'I was in my Highway Patrol Chevrolet Tahoe and I could see down into her vehicle from my vantage point. As I was sitting in my patrol vehicle, I observed that Ms. BLAND was moving excessively in her vehicle and I saw her lean over into the passenger side seat area more than once and she completely disappeared from my sight on one occasion. I knew that her purse was beside her on the console and I thought it was odd that she leaned across to the passenger seat area out of view since I had received all the required documents from her purse. My suspicions and alertness became more elevated as I watched her move in the vehicle and my number one concern was fast becoming that she was concealing or retrieving a weapon. This is the reason I made a driver side approach when I returned to the vehicle since officer safety training has taught me that it is much easier for a violator to attempt to shoot me on the passenger side of the vehicle. As I returned to Ms. BLAND's vehicle on the driver side with a written warning, I walked close to the vehicle so I could watch her through the untinted glass and maintain what I believed to be an advantageous viewing angle.'

12. Trooper ENCINIA'S written statement continued:

'As I approached the driver side window I saw that she was smoking and holding a cigarette in her left hand and I saw her right hand go down towards the console. I noticed that her purse was open towards her but I could not see the contents. My

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concern was the area around her and I paused. I looked at her hands, her purse, the seat she was sitting in, the passenger side seat, the console and I tried to observe any potential objects between the seats. In other words, I was looking at the area of control around her where she could potentially hide anything that could harm me. I know through my training and experience that violators on occasion during traffic stops will light a cigarette to possibly mask odors. Again, I was focused on her area of control that included her hands and the cigarette, which I know could be used as a weapon, a diversion or a distraction for her to use right hand.'

13. Trooper ENCINIA'S written statement continued:

'I presented the clipboard to Ms. BLAND and clicked my pen as I was preparing to explain the warning to her. I observed that Ms. BLAND was facing straight ahead and she was cutting her eyes up at me and would not face me. I observed that she was still moving her legs from side to side. I knew she was irritated and I did not know why she was being so confrontational with me. I asked Ms. BLAND if she was okay and she told me that she was irritated that she was getting a ticket for getting out of my way. I waited for her to vent and I asked if she was done so I could move on to telling her that she was receiving a warning. I raised the clipboard back to the window and again clicked my pen to explain the warning. Ms. BLAND continued to look forward and would not look at me. I also noticed that she was moving her right hand towards her right leg and the center console and she appeared to be digging for something. This was the area I could not see and was concerned about. Ms. BLAND flicked cigarette ashes that blew in my direction as she apparently continued to search for something with her right hand. Being that she would not look in my direction, I interpreted this to mean that she would be at least uncooperative. I had safety concerns and I knew that I was not in a good position standing outside the driver side window in case she was reaching for a weapon. I stopped talking to her and I watched her movements.'

14. Trooper ENCINIA'S written statement continued:

'I asked Ms. BLAND to please put out her cigarette as I continued to observe and watch her right hand. Ms. BLAND told me that she didn't have to because it was her car. At this point I did not feel safe with Ms. BLAND sitting in her car anymore. I made the decision to order Ms. BLAND out of her car and I sat my clipboard down on the hood of her car to free my hands. After I did this I saw Ms. BLAND reach into her purse and I simultaneously opened the driver side door. I did not know what Ms. BLAND was reaching for when I opened the door but I soon saw that it was a black shiny object that looked like a phone. I stopped after I realized I wasn't in immediate danger and I continued with verbal commands and raised my voice ordering Ms. BLAND out of the car. I wanted to be very clear with Ms. BLAND and I told her I would remove her if she did not get out of the vehicle. I ordered her to get out numerous times and I also told her I was giving her a lawful order. She told me that I did not have the right to do that and she only had to identify herself and she did not have to talk to me.'

15. Trooper ENCINIA'S written statement continued:

'I reached into the car with my left hand and reached for her left wrist, which

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was on the steering wheel. Ms. BLAND leaned over to the passenger side of the vehicle and pulled her left arm away from me. Ms. BLAND stated 'I'm calling my lawyer' and 'let's do this' and swung at me with the closed fist of her left hand toward my head as I reached for her inside the vehicle. I was able to duck out of the way as she swung at me. Ms. BLAND swung at me for what I perceived to be two more times and she continued to pull away from me as I tried to grab her arm and remove her from the vehicle. I radioed for back up during this time as I used my left arm to protect myself. Ms. BLAND told me that she was not under arrest and I told her that she was under arrest. I stepped away, pulled my taser and pointed it at Ms. BLAND as I continued to order her out of her vehicle. Ms. BLAND got out of the vehicle under her own power. I told Ms. BLAND to stand on the sidewalk so we would not be in between the vehicles for our safety.'

16. Trooper ENCINIA'S written statement continued:

'Ms. BLAND was pacing back and forth, yelling at me and appeared to be on a phone call and I ordered her to put the phone down. Ms. BLAND continued to pace and use curse words and swing her arms in the air. I knew that I had help on the way to the scene so I chose to keep some distance from Ms. BLAND to allow the situation to de-escalate. I kept my Taser pointed at her and I ordered her to turn around. Ms. BLAND finally complied with this order and stated, 'Are you fucking kidding me?' as she turned around and placed her hands behind her back. I holstered my taser and attempted to place her in handcuffs for officer safety. As I attempted to place her in handcuffs, Ms. BLAND pulled away from me and was swinging her elbows at me. I placed the handcuffs on Ms. BLAND and she attempted to pull them off of her wrists and continued to swing her elbows at me. I walked back to Ms. BLAND's car to shut her door and get my clipboard. I did this to allow Ms. BLAND to de-escalate her violent gestures.'

17. Trooper ENCINIA'S written statement continued:

'I saw Prairie View Police Department Officer GOODIE arrive with her emergency lights activated. As soon as Officer GOODIE pulled up I attempted to escort Ms. BLAND to Officer GOODIE's vehicle. I had my left hand on her left shoulder and my right hand near her left wrist. Ms. BLAND began swinging her elbows at me again and stated that I was trying to break her arm. Ms. BLAND twisted the handcuffs and grabbed my right hand and ultimately pinched my right hand in between the handcuffs. At the same time, Ms. BLAND kicked me in the shin of my right leg with her foot. As this was happening, I immediately grabbed her right shoulder across the front of her body with my left hand and used a controlled take down tactic to place her on the ground. I had my knee on the left side of her back. Officer GOODIE ran up to assist me and placed her hands on the right side of Ms. BLAND's back. Ms. BLAND continued to kick her legs and yell at me and I noticed that my right hand was bleeding from being pinched with the handcuffs.'

18. Trooper ENCINIA'S written statement continued:

'As I assisted Ms. BLAND up from the ground, I checked her condition and did not observe any injuries. I asked for EMS to come to the scene to evaluate Ms. BLAND. The EMS personnel that arrived told me later that Ms. BLAND refused all medical attention. Officer GOODIE transported Ms. BLAND to the Waller County Sheriff's

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Office Jail and I booked her in for Assault - Public Servant.' For further details of the arrest, refer to the THP-1 Offense Report.

END OF STATEMENT.

Refer to Exhibit 9.3 for complete details of Trooper ENCINIA'S written statement.

19. Note that at the conclusion of the statement, Attorney LARKIN and Trooper ENCINIA requested to keep the digital copy of the statement so they could go over it for accuracy and errors. Both Ranger ELLISON and SA MARTINEZ agreed to the request. The final version of the statement was later witnessed and signed on 0807-2015, at approximately 11:15 AM.
10 1. Texas Ranger Shane ELLISON reviewed the video of the traffic stop (Exhibit 2.4), the THP-1 Offense Report (Exhibit 9.2) and Trooper Brian ENCINIA'S written statement (Exhibit 9.3). Ranger ELLISON subsequently performed a comparison between Trooper ENCINIA'S written statement and his actions as captured on the video of the traffic stop. The following is a summary of Ranger ELLISON'S observations during the video of the traffic stop as compared to the statement written by Trooper ENCINIA:

Upon reviewing and summarizing the video of the traffic stop, Ranger ELLISON observed Sandra BLAND disregarded the stop sign at the intersection of T. R. Solomon and University Drive at the 1:18 timestamp in the video footage. The intersection was later determined to be on the campus of Prairie View A&M University to the southeast of the Memorial Student Center. Trooper ENCINIA turned around on the vehicle and caught up to it on FM 1098. The vehicle moved from the left lane to the right without signaling at 1:57. At 2:20, both vehicles came to a stop in the right lane of FM 1098 in Prairie View.

2. Trooper ENCINIA walked to the passenger's side of the vehicle, greeted the driver, and told her why she was stopped at the 2:40 timestamp in the video. Trooper ENCINIA asked for her driver license and insurance and then asked BLAND 'What's wrong?' at the 2:50 timestamp. Trooper ENCINIA stated the following in his written statement (Exhibit 9.3):

'On July 10, 2015 I completed a traffic stop on the Prairie View A&M University campus and I walked back to my patrol vehicle and sat in the driver seat. As I sat down, I observed a silver car disregard a stop sign on what I thought was either a private parking lot or a public roadway. I turned around and caught up to the vehicle to check the condition of the vehicle, and observed it to change lanes without using a turn signal on FM 1098. I saw a clear-cut violation of the traffic law when the driver did not signal a lane change from the left lane to the right lane. I initiated a traffic stop at approximately 4:27 pm for Fail to Signal Lane Change. Through the training that I have received, I have been taught that the benefit of the doubt always goes to the violator. I did not attempt to enforce the stop sign violation since I was not sure if the violation occurred in a private parking lot or a public roadway. I stopped the vehicle in the right lane of FM 1098 and it did not have an improved shoulder. I stopped the patrol car in the right lane of traffic. I made a passenger side approach to the vehicle since my

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training has taught me that this position allows for a better view of the passenger compartment to observe the driver or any passengers. Additionally, the passenger side approach gets me out of the roadway for my traffic safety and allows for a clear view of the driver during the traffic stop. I identified myself to the female driver and told her why she was stopped. I immediately noticed that the driver was stomping her feet on the floorboard and breathing heavily. I asked for her driver license and insurance.'

3. Trooper ENCINIA was at BLAND'S passenger's side window for approximately one minute twenty seconds. Trooper ENCINIA stated the following in his written statement:

'As I was talking to the driver, I was also checking the condition of the vehicle and visually looking for things or items in the open or that could be concealed that could potentially be a danger to me, such as weapons. I was also looking for criminal indicators that could be used to detect criminal activity. I do this for all traffic stops and encounters and I have been taught through my training and experience to check for weapons, drugs and behaviors for my safety. After I checked the interior of the vehicle, I observed the driver was going through multiple items in her purse, which was a dark colored medium sized handbag.'

4. Trooper ENCINIA stated BLAND handed him an Illinois identification card. He asked BLAND how long she had been in Texas at 3:14. Per Trooper ENCINIA'S statement, he stated the following:

'The driver produced an Illinois identification card and insurance identifying her as Sandra BLAND. I asked Ms. BLAND how long she had been in Texas and she replied, 'Just got here yesterday.' Ms. BLAND had my full attention as she continued to stomp her feet on the floorboard, and was swinging her legs back and forth and displaying what I interpreted to be aggressive behavior. Ms. BLAND was not displaying any signs of nervousness. I was not expecting this type of behavior and considered her actions to be an indicator that something was wrong, possibly criminal activity. I knew through my experience and training that this was not normal behavior. I also know through my training and experience that when a violator hands me an identification card instead of a driver license, it could be an indicator that the violator could be concealing their background and history. I asked Ms. BLAND if she had a valid driver's license and she said 'Isn't that what I gave you?' I told her 'no ma'am' and she said 'my apologies.' I replied 'it's ok' and she handed me her Illinois driver's license. I normally attempt to make small talk to build rapport with violators, and I routinely ask violators several questions to include where they are going. I have been trained to utilize the 7 step violator contact as well as to go beyond the stop to look for criminal indicators. I asked Ms. BLAND where she was headed to now and she replied, 'Doesn't matter.' I knew at this point based on her demeanor that something was wrong and my awareness became heightened as I reevaluated the situation.'

5. Trooper ENCINIA told BLAND to give him a few minutes and she replied 'No problem' at 3:56. Trooper ENCINIA bent over and looked into the vehicle towards BLAND after she said this. Trooper ENCINIA then walked to the front of her vehicle, and as he passed back by her window (4:06), his head turned and he appeared to be looking in her direction. Trooper ENCINIA walked back to his vehicle at 4:10 and stated the following in his statement:

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'I walked to the front of her vehicle so I could check its condition, such as equipment defects and registration, but I was also watching Ms. BLAND in an attempt to gather more indicators from her behaviors and movements as I watched her though the front windshield. I told Ms. BLAND to give me a few minutes and I walked back to my patrol vehicle. I ran Ms. BLAND'S driver license on my in-car computer system and I only received a return from Illinois. At the time when I ran her license, I did not know about her having a Texas driver license. I was in my Highway Patrol Chevrolet Tahoe and I could see down into her vehicle from my vantage point. As I was sitting in my patrol vehicle, I observed that Ms. BLAND was moving excessively in her vehicle and I saw her lean over into the passenger side seat area more than once and she completely disappeared from my sight on one occasion. I knew that her purse was beside her on the console and I thought it was odd that she leaned across to the passenger seat area out of view since I had received all the required documents from her purse. My suspicions and alertness became more elevated as I watched her move in the vehicle and my number one concern was fast becoming that she was concealing or retrieving a weapon.'

6. Ranger ELLISON noted from the video footage that BLAND began moving in her vehicle near the 6:05 timestamp as she apparently leaned toward the passenger's side of the vehicle. The video revealed BLAND'S head appeared to go out of sight for a brief moment (near the 6:14 timestamp) as she apparently leaned toward the passenger's side of her vehicle.

7. Trooper ENCINIA was in his vehicle for approximately four minutes. Trooper ENCINIA stated the following:

'This is the reason I made a driver side approach when I returned to the vehicle since officer safety training has taught me that it is much easier for a violator to attempt to shoot me on the passenger side of the vehicle. As I returned to Ms. BLAND'S vehicle on the driver side with a written warning, I walked close to the vehicle so I could watch her through the untinted glass and maintain what I believed to be an advantageous viewing angle. As I approached the driver side window I saw that she was smoking and holding a cigarette in her left hand and I saw her right hand go down towards the console. I noticed that her purse was open towards her but I could not see the contents. My concern was the area around her and I paused. I looked at her hands, her purse, the seat she was sitting in, the passenger side seat, the console and I tried to observe any potential objects between the seats. In other words, I was looking at the area of control around her where she could potentially hide anything that could harm me. I know through my training and experience that violators on occasion during traffic stops will light a cigarette to possibly mask odors. Again, I was focused on her area of control that included her hands and the cigarette, which I know could be used as a weapon, a diversion or a distraction for her to use right hand.'

8. Trooper ENCINIA presented the clipboard with the warning for Fail to Signal Lane Change to BLAND at 8:40. Trooper ENCINIA asked BLAND if she was 'okay' after a six second pause (8:46) and he told BLAND that she seemed very irritated. BLAND told Trooper ENCINIA that she was irritated because she was trying to get out of his way, she moved over, and then he pulled her over. Trooper ENCINIA then asked 'Are you done?' at 9:10. Trooper ENCINCIA stated the following in his written statement:

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'I presented the clipboard to Ms. BLAND and clicked my pen as I was preparing to explain the warning to her. I observed that Ms. BLAND was facing straight ahead and she was cutting her eyes up at me and would not face me. I observed that she was still moving her legs from side to side. I knew she was irritated and I did not know why she was being so confrontational with me. I asked Ms. BLAND if she was okay and she told me that she was irritated that she was getting a ticket for getting out of my way. I waited for her to vent and I asked if she was done so I could move on to telling her that she was receiving a warning. I raised the clipboard back to the window and again clicked my pen to explain the warning. Ms. BLAND continued to look forward and would not look at me. I also noticed that she was moving her right hand towards her right leg and the center console and she appeared to be digging for something. This was the area I could not see and was concerned about.'

9. At 9:18, Trooper ENCINIA asked BLAND if she would put out her cigarette, as follows: 'Do you mind putting out your cigarette, please? If you don't mind.' BLAND responded, 'I'm in my car, why do I have to put out my cigarette?' Trooper ENCINIA stated the following in his written statement:

'Ms. BLAND flicked cigarette ashes that blew in my direction as she apparently continued to search for something with her right hand. Being that she would not look in my direction, I interpreted this to mean that she would be at least uncooperative. I had safety concerns and I knew that I was not in a good position standing outside the driver side window in case she was reaching for a weapon. I stopped talking to her and I watched her movements. I asked Ms. BLAND to please put out her cigarette as I continued to observe and watch her right hand. Ms. BLAND told me that she didn't have to because it was her car. At this point I did not feel safe with Ms. BLAND sitting in her car anymore.'

10. At 9:25, Trooper ENCINIA told BLAND, 'Well, you can step on out now.' BLAND in turn told Trooper ENCINIA 'I don't have to step out of my car.' Trooper ENCINIA again ordered her out of the car, placed his clipboard on the hood and opened her door at 9:32. BLAND could be heard saying that Trooper ENCINIA did not have the right to do that. Trooper ENCINIA told BLAND that he did have the right and he would remove her. BLAND told him that she refused to talk to him and only had to identify herself. Trooper ENCINIA stated the following in his statement:

'I made the decision to order Ms. BLAND out of her car and I sat my clipboard down on the hood of her car to free my hands. After I did this I saw Ms. BLAND reach into her purse and I simultaneously opened the driver side door. I did not know what Ms. BLAND was reaching for when I opened the door but I soon saw that it was a black shiny object that looked like a phone. I stopped after I realized I wasn't in immediate danger and I continued with verbal commands and raised my voice ordering Ms. BLAND out of the car. I wanted to be very clear with Ms. BLAND and I told her I would remove her if she did not get out of the vehicle. I ordered her to get out numerous times and I also told her I was giving her a lawful order. She told me that I did not have the right to do that and she only had to identify herself and she did not have to talk to me.'

11. Trooper ENCINIA continued to order BLAND out of the car and told her that he was giving her a lawful order to do so. Trooper ENCINIA told BLAND 'Step out or I will remove you.' Trooper ENCINIA reached into the car at 9:55, BLAND leaned

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toward the passenger's side, and she stated 'let's do this' as he radioed for back up and reached in the vehicle again for BLAND. Trooper ENCINIA stated 'yeah, well you're going to' as he apparently reached for BLAND at 10:03. Trooper ENCINIA jumped back and away from BLAND at 10:04 and when he reached back in, BLAND'S arm could be seen through the rear window of her vehicle apparently pulling away from Trooper ENCINIA. BLAND stated that she was not under arrest and Trooper ENCINIA told her that she was at 10:09.

'I reached into the car with my left hand and reached for her left wrist, which was on the steering wheel. Ms. BLAND leaned over to the passenger side of the vehicle and pulled her left arm away from me. Ms. BLAND stated 'I'm calling my lawyer' and 'let's do this' and swung at me with the closed fist of her left hand toward my head as I reached for her inside the vehicle. I was able to duck out of the way as she swung at me. Ms. BLAND swung at me for what I perceived to be two more times and she continued to pull away from me as I tried to grab her arm and remove her from the vehicle. I radioed for back up during this time as I used my left arm to protect myself. Ms. BLAND told me that she was not under arrest and I told her that she was under arrest. I stepped away, pulled my taser and pointed it at Ms. BLAND as I continued to order her out of her vehicle.'

12. Trooper ENCINIA stated 'I'm gonna drag you out of here' as he removed his taser from the holster and pointed it at BLAND. Trooper ENCINIA stated 'I will light you up' at 10:33. BLAND exited her vehicle under her own power at 10:36 with, what appeared to be, her phone in her hand. Trooper ENCINIA ordered BLAND to walk to the sidewalk and to put her phone down. Trooper ENCINA ordered BLAND to turn around at least eight times. Both Trooper ENCINIA and BLAND walked out of view of the camera at this point in the video. Trooper ENCINIA stated the following in his written statement:

'Ms. BLAND got out the vehicle under her own power. I told Ms. BLAND to stand on the sidewalk so we would not be in between the vehicles for our safety. Ms. BLAND was pacing back and forth, yelling at me and appeared to be on a phone call and I ordered her to put the phone down. Ms. BLAND continued to pace and use curse words and swing her arms in the air. I knew that I had help on the way to the scene so I chose to keep some distance from Ms. BLAND to allow the situation to deescalate. I kept my Taser pointed at her and I ordered her to turn around. Ms. BLAND finally complied with this order and stated, 'Are you fucking kidding me?' as she turned around and placed her hands behind her back. I holstered my taser and attempted to place her in handcuffs for officer safety.'

13. Trooper ENCINIA ordered BLAND to turn around multiple times and she asked why she was being arrested at 11:18. Trooper ENCINIA told BLAND 'I will tell you' as he continued to order her to turn around. At 11:52, Trooper ENCINIA told BLAND to 'stop moving' and she replied 'are you fucking serious?' BLAND stated she could not wait to go to court and asked Trooper ENCINIA if he was going to throw her to the 'floor.' Trooper ENCINIA told BLAND to 'knock it off' at 12:05 as BLAND repeatedly called him a 'pussy.' At 12:18, Trooper ENCINIA stated 'You were getting a warning until now you are going to jail' and BLAND responded 'For what? For what?' At 12:24, Trooper ENCINIA told BLAND to come read the warning and walked her over to the rear of her car and attempted to show it to her. Both walked back into view of the camera and Trooper ENCINIA told BLAND to 'stay right here' when they reached the back of her car. Trooper ENCINIA was holding BLAND'S right wrist with his left hand and she turned and faced him and yelled 'Well, you stop pulling me over there' at 12:26. Trooper ENCINIA again stated 'I said stay right here' and BLAND attempted to walk away from him and said 'Get your fucking

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mind right' and 'I swear on my life y'all are some pussies. A pussy ass cop for a fucking signal and you going to take me to jail. What a pussy. What a pussy.' Trooper ENCINIA radioed he had BLAND under control and in handcuffs at 12:35. Trooper ENCINIA could be seen standing behind BLAND in the video as she repeatedly stated 'what a pussy.' At 12:41, BLAND stated 'You about to break my fucking wrist' and Trooper ENCINIA responded 'Stop moving!' Trooper ENCINIA ordered BLAND to 'stand right there' and he walked towards her car, picked up his clipboard, and shut her door. Trooper ENCINIA stated the following in his written statement:

'As I attempted to place her in handcuffs, Ms. BLAND pulled away from me and was swinging her elbows at me. I placed the handcuffs on Ms. BLAND and she attempted to pull them off of her wrists and continued to swing her elbows at me. I walked back to Ms. BLAND'S car to shut her door and get my clipboard. I did this to allow Ms. BLAND to deescalate her violent gestures. I saw Prairie View Police Department Officer GOODIE arrive with her emergency lights activated.'

14. Trooper ENCINIA placed his clipboard on the trunk of her car and stated 'Come read right over here. This right here says a warning. You started creating the problem' at 12:58. Trooper ENCINIA re-approached BLAND at 13:02 and stepped out of the view of the camera onto the sidewalk and she replied 'you asked me what was wrong' at 13:02. At 13:11, Trooper ENCINIA told BLAND to 'come on over here' and BLAND could be heard telling Trooper ENCINIA that he was about to break her wrist. Trooper ENCINIA and BLAND were in an apparent struggle and he told BLAND to stop moving and shouted 'Stop. Now! Stop it! If you would stop then I would tell you!' At 13:40 Trooper ENCINIA stated 'When you pull away from me, you are resisting arrest.' At 13:54, BLAND told Trooper ENCINIA 'I got epilepsy you mother fucker' and he replied 'Good.' Trooper ENCINIA stated the following in his written statement:

'As soon as Officer GOODIE pulled up I attempted to escort Ms. BLAND to Officer GOODIE'S vehicle. I had my left hand on her left shoulder and my right hand near her left wrist. Ms. BLAND began swinging her elbows at me again and stated that I was trying to break her arm. Ms. BLAND twisted the handcuffs and grabbed my right hand and ultimately pinched my right hand in between the handcuffs. At the same time, Ms. BLAND kicked me in the shin of my right leg with her foot. As this was happening, I immediately grabbed her right shoulder across the front of her body with my left hand and used a controlled take down tactic to place her on the ground. I had my knee on the left side of her back. Officer GOODIE ran up to assist me and placed her hands on the right side of Ms. BLAND'S back. Ms. BLAND continued to kick her legs and yell at me and I noticed that my right hand was bleeding from being pinched with the handcuffs. As I assisted Ms. BLAND up from the ground, I checked her condition and did not observe any injuries. I asked for EMS to come to the scene to evaluate Ms. BLAND. The EMS personnel that arrived told me later that Ms. BLAND refused all medical attention. Officer GOODIE transported Ms. BLAND to the Waller County Sheriff's Office Jail and I booked her in for Assault - Public Servant.'

15. At 14:48, Trooper ENCINIA told BLAND the following: 'For a warning. For a warning. You are going to jail for resisting arrest.' BLAND repeatedly stated her head was slammed into the ground. Trooper ENCINIA walked back to BLAND'S car and Officer GOODIE approached him as he explained that BLAND started pulling away from him and then kicked him. Officer GOODIE pointed to Trooper ENCINIA'S right leg and stated 'And there you got it right there' at 16:08. Per her report (Exhibit 4.2), Officer GOODIE was pointing at the apparent shoeprint left by BLAND'S shoe after she kicked him. Trooper ENCINIA made the statement 'Well one thing's for sure it's

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on video' at 16:18 and walked back to his vehicle to examine his injuries with Waller Police Department Officer Michael LOPEZ.

16. Trooper ENCINIA was heard on the video speaking with his supervisor about the incidents which occurred during the traffic stop (17:48). Trooper ENCINIA and his supervisor conferred about what to charge BLAND with and discussed at what point she was under arrest. Trooper ENCINIA told his supervisor that the traffic stop was not completed (24:54). Trooper ENCINIA stated he tried to detain her and place her in handcuffs once she was out of her car. Trooper ENCINIA stated that he told her to stop resisting and he told her she was under arrest when he placed her on the ground. Trooper ENCINIA was not sure if he told her what she was under arrest for. Trooper ENCINIA stated he only used enough force as necessary and allowed for time in an attempt to de-escalate the situation. Trooper ENCINIA'S injuries were also discussed as well as the technique he used to place BLAND on the ground.

17. This report, along with the rest of this file relating to BLAND'S death, will be presented to a Waller County Grand Jury at a later date.
11 1. As documented in Report 8 of this file, Texas Ranger Shane ELLISON shipped Sandra BLAND'S Apple iPhone, Model number A1428 (Exhibit 4.9), to the Cellebrite headquarters in Parsippany, New Jersey. The phone was subsequently unlocked by Cellebrite and shipped back to the Texas Department of Public Safety headquarters at 12230 West Road in Houston on 08-31-2015. Ranger ELLISON retrieved the phone on 09-01-2015, and noted the package containing the phone was sealed and had not been tampered with. Ranger ELLISON resubmitted the phone to the previously documented FBI Regional Computer Forensics Laboratory (RCFL) for examination on 09-01-2015, at approximately 12:38 PM. Ranger ELLISON retained a copy of the evidence intake receipt and the UPS tracking details as Exhibit 11.1.

2. On 09-17-2015, Ranger ELLISON received the data extracted from BLAND'S Apple iPhone from the Houston RCFL. The data was placed on two separately packaged bluray discs sealed in pink plastic bags and transferred to Ranger ELLISON this date. FBI-RCFL Special Agent Minh LU, who examined the phone, advised the original data and the Apple iPhone would be retained by his office. The two blu-ray discs, one labeled 'CART copy' and the other labeled 'Agency's copy' would be released to Ranger ELLISON. Special Agent LU advised to open and examine the 'Agency's copy' disc and retain the 'CART copy' as a backup. Ranger ELLISON retained the 'CART copy' of the phone data as Exhibit 11.2, the 'Agency copy' as Exhibit 11.3, and the evidence transfer receipt and Report of Examination as Exhibit 11.4.

Report 4 was amended to reflect the transfer of the Apple iPhone (Exhibit 4.9).

3. In addition to receiving the two discs containing the phone data, Ranger ELLISON also received a report from Special Agent LU which documented the examinations of the two hard drives from the Waller County Sheriff's Office Jail surveillance cameras (Exhibits 7.12 and 7.13) and the camera system taken from Trooper ENCINIA'S patrol vehicle (Exhibit 8.2). Per the report prepared by Special Agent LU, the video footage from both hard drives from the Waller County Jail and the hard drive from the camera system appeared to be continuous and not altered or tampered with. For full details of the examinations of the hard drives and video system, refer to Exhibit 11.5.

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4. Ranger ELLISON also received the following items from the RCFL on 09-17-2015:

One pink plastic heat sealed bag labeled 'CART Copy' and 'GH38044', now known as Exhibit 11.6, with four hard drives containing backup copies of the two hard drives from the WCSO Jail video system, a backup copy of the video footage from the jail surveillance system, and a copy of the hard drive of Trooper ENCINIA'S in-car video system. Exhibit 11.6 also included a compact disc which contained a copy of the contents of the SIM card from BLAND'S phone and a DVD which contained the exported video footage from Trooper ENCINIA'S in-car video system.

One pink plastic heat sealed bag labeled 'Agency's Copy' and 'GH38045', now known as Exhibit 11.7, with one hard drive containing the exported video footage of the WCSO Jail surveillance camera system from 07-10-2015 @ 12:00 PM to 07-13-2015 @ 3:00 PM. Also included was a compact disc which contained a copy of the contents of the SIM card from BLAND'S phone and a DVD which contained the exported video footage from Trooper ENCINIA'S in-car video system.

Note that 'CART' is a term used by the RCFL which stands for 'Computer Analysis Response Team' and the evidence labeled as such is intended to be a backup to the original which was retained by the investigating agency.

5. Ranger ELLISON examined the data extracted from BLAND'S iPhone (Exhibit 11.3) and found BLAND was able to activate the video recording function of her phone during the traffic stop with Trooper ENCINIA. The video recording depicted Trooper ENCINA reaching into the car and then removed his taser from its holster while he ordered BLAND out of her vehicle. The recording lasted approximately 39 seconds and ended when Trooper ENCINIA ordered BLAND to put her phone down. Ranger ELLISON examined all of the extracted data from the phone and noted there were hundreds of messages, numerous photographs and videos, contacts, call logs, web history, locations, bookmarks and other data. Ranger ELLISON did not find any other files related to the traffic stop from the extracted phone data. A copy of BLAND'S brief recording of the traffic stop was retained as Exhibit 11.8.

6. Ranger ELLISON learned of a potential witness who contacted the Waller County District Attorney's Office and wished to speak with an investigator in reference to this investigation. Waller County District Attorney Elton MATHIS provided the name and phone number of the witness, identified as David ALLEN, Jr. of Prairie View, Texas. Ranger ELLISON arranged for an interview of ALLEN on 10-02-2015, at approximately 1:57 PM. The following is a summary of the interview and does not contain all comments made during the interview, nor does it necessarily reflect the chronology of the discussion. The interview was audio recorded and Exhibit 11.9 contains a verbatim account of the interview.

ALLEN stated he was at the C&R Uptown Barber Shop across the street from where the traffic stop occurred. ALLEN finished getting his hair cut and was leaving. ALLEN walked outside and saw the trooper [ENCINIA] walk to the driver side of BLAND'S car. ALLEN saw Trooper ENCINIA open her door and he saw him draw what he thought was his gun. ALLEN heard both the trooper and BLAND yelling at each other and heard profanity.

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7. Interview of ALLEN continued:
ALLEN saw Trooper ENCINIA and BLAND walk between the cars and over to the sidewalk. ALLEN saw Trooper ENCINIA place BLAND in handcuffs and saw them facing each other. ALLEN got in his car and assumed the incident was over since he did not hear them yelling. ALLEN exited the parking lot and turned right (north) on University Drive and drove past the location of the traffic stop. ALLEN saw Trooper ENCINIA walk towards the front of BLAND'S car as he drove by and stated this was the last thing he saw. ALLEN thought the trooper was out of line when he reached in and 'snatched' her out of the car. ALLEN did not see BLAND do anything out of line due to Trooper ENCINIA standing in the way of BLAND and blocking his view.
The interview ended at approximately 2:06 PM, and lasted approximately 9 minutes 47 seconds.
8. Ranger ELLISON also attempted to interview another potential witness this date, as well. Ranger ELLISON was referred to Otis CURTIS of Prairie View by Department of Public Safety - Criminal Investigations Division Special Agent Brad MOSELEY. Special Agent MOSELEY advised CURTIS saw a portion of the traffic stop of BLAND and subsequently provided his phone number. Ranger ELLISON called CURTIS and requested an interview. CURTIS stated he did not wish to be interviewed and did not want to get involved. While speaking with CURTIS, he advised that he was at the aforementioned barber shop and saw Trooper ENCINIA get BLAND out of her vehicle. CURTIS stated he saw the two of them go to the ground, but he was not sure how it happened. CURTIS also said he saw a 'guy' filming the ordeal with his phone, but he did not know who he was.
12 1. On Sunday, 07-26-2015, Texas Ranger Shane ELLISON requested the assistance of Texas Ranger Troy WILSON in reference to constructing a diagram of the jail cell inside the Waller County Sheriff's Office (WCSO) Jail where Sandra BLAND was found deceased. Ranger WILSON agreed to the request and later constructed the diagrams.
2. Ranger ELLISON provided Ranger WILSON with the scene diagram (Exhibit 12.1) as drawn by Waller County Sheriff's Office Deputy Mike PARINELLO (Investigator 1.4). Additional measurements were also provided which were taken by WCSO jail staff at a later date at Ranger ELLISON'S request. The measurements included the metal partition in the cell and the thickness of the walls.
3. Ranger WILSON constructed three diagrams from the measurements provided which included a top view of the cell, an elevation drawing of the north wall of the cell with corresponding measurements, and an additional elevation drawing of the north wall without measurements. All three drawings were not to scale and were for demonstrative purposes only. Ranger WILSON also provided Ranger ELLISON with a copy of his report and copies of the email correspondence between he and Ranger ELLISON.

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4. The three scene diagrams were received on Tuesday, 09-15-2015. The report and email correspondence were received on Saturday, 12-12-2015.

Ranger ELLISON retained the three scene diagrams prepared by Ranger WILSON as Exhibit 12.2, a copy of his Report of Investigation (RF-2015-00346) as Exhibit 12.3 and a copy of the email correspondence as Exhibit 12.4.
13 1. On Wednesday, 01-06-2016, the Waller County Grand Jury concluded and issued an indictment for Trooper Brian ENCINIA for Perjury, Texas Penal Code 37.02, Class A Misdemeanor. A capias was issued on Thursday, 01-07-2016, and bond was set at $2,500.00.

2. Trooper ENCINCIA surrendered to Texas Ranger Shane ELLISON and Texas Ranger Jeff OWLES on Thursday, 01-07-2016. He was transported to the Waller County Sheriff's Office Jail. Trooper ENCINIA was booked into the jail and subsequently released after posting bond.

3. Ranger ELLISON will continue to update this file pending any future legal proceedings.

S14

14.1 On Friday, 04/29/2016, I, Texas Ranger Shane Ellison, traveled to the Houston Regional Computer Forensics Laboratory (RCFL) to retrieve the original digital and electronic evidence collected in this case. As documented throughout this file, the following detailed items of evidence were transferred to FBI Special Agent Angel Martinez, who in turn submitted the items to the RCFL. Ranger Ellison had previously requested that these items of evidence remain at the RCFL for safekeeping until further notice. The RCFL agreed to the request.

14.2 As reported in Report 4 of this file, Exhibit 4.9, identified as a black Apple iPhone 5, model number A1428, was resubmitted to the RCFL on 09/01/2015, by me after having it shipped to Cellebrite for unlocking.

14.3 As reported in Report 7 of this file, Exhibits 7.12 and 7.13 were submitted to the RCFL by FBI Special Agent Angel Martinez. Exhibit 7.12 was identified as a 2 TB Western Digital hard drive, bearing serial number WCC4MKDKPYSL and Exhibit 7.13 was identified as a 2 TB Western Digital hard drive, bearing serial number WCC4MA09ZZV3. In addition to the hard drives, the DVR was submitted so that the contents of the two drives could be viewed or played by RCFL personnel if needed.

14.4 As reported in Report 8 of this file, Exhibit 8.2, identified as a Watch Guard DV-1E Overhead Video Recording System, bearing serial number WGA00450, was turned over to FBI Special Agent Angel Martinez on 07/22/2015.

14.5 Exhibits 4.9, 7.12, 7.13 and 8.2 were picked up by me from the RCFL on

Friday, 04/29/2016, at approximately 11:32 AM. Texas Ranger Noe Diaz was also

present and assisted with the transport of the evidence. The aforementioned items

were taken to the DPS Headquarters building at 12230 West Road in Houston where

they were placed into entrusted property in the Company 'A' Texas Ranger Office. I

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received a 'Checkout Evidence Receipt' from the RCFL and retained it as part of this file to document the transfer of the original items of evidence from the RCFL to me.
14.6 Reports 4, 7 and 8 were amended to show the transfer of evidence into entrusted property.

S15 15.1 On 06/28/2017, the charge of Perjury, a Class A Misdemeanor, against Brian Encinia was dismissed by 506th District Court Judge Albert McCaig.

15.2 Pursuant to the dismissal, Encinia agreed to three stipulations as part of the agreement, as follows:

A. Encinia agreed to surrender his Texas Commission on Law Enforcement (TCOLE) peace officer license and certificates immediately
B. Encinia agreed to never pursue a career in law enforcement in any capacity
C. Encinia agreed to never seek an expungement of the charge filed against him in Waller County Cause No. 16-01-15535.

15.3 Encinia agreed to the stipulations on 06/26/2017, as noted on the court documents I, Texas Ranger Shane Ellison, received from the Waller County District Attorney’s Office on 07/03/2017. The aforementioned documents contained the motion to dismiss, the stipulations of evidence and documents for surrendering the TCOLE license. I retained these documents as part of this file.

15.4 The charge was updated to reflect the dismissal and final disposition.

15.5 This file will continue to be updated as the evidence in this case is dispositioned.

S16

16.1 On Thursday, 07/06/2017, I, Texas Ranger Shane Ellison, received a copy of a Motion to Release Property from Phoebe Smith. Smith was the prosecutor for this case and advised she had been contacted by Sandra Bland’s mother, identified in previous reports as Geneva Reed-Veal, wanting Bland’s personal belongings.

16.2 The order I received, titled “Amended Motion to Release Property”, was signed by 506th District Court Judge Albert McCaig and authorized the release of the property to Reed-Veal. I also received an additional copy of the same court order from Waller County Sheriff’s Office (WCSO) Chief Deputy Craig Davis this same date. Chief Davis was the point of contact for Reed-Veal and would release Bland’s property being held at the jail to her. I retained a copy of the court order as part of this file.

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16.3 On Monday, 07/10/2017, Chief Davis notified me that Reed-Veal came by the WCSO and picked up and signed for Bland’s belongings. Chief Davis advised that a uniformed deputy was with them during the release of property and he recorded the encounter with a body camera. I later received a copy of the recording on a disc and retained it with this file. While at the WCSO, Reed-Veal inquired about Bland’s cell phone (Exhibit 4.9) and Chief Davis informed her that DPS had it.

16.4 I in turn contacted Prosecutor Smith and asked her to contact Reed-Veal to tell her that the cell phone would be waiting for her at the receptionist’s desk at DPS Headquarters located at 12230 West Road in Houston. I arranged for the release of the phone to take place on Wednesday, 07/12/2017 at Reed-Veal’s convenience. Reed-Veal picked up the cell phone at approximately 1:38 PM this date and signed a Texas Rangers Property Receipt for same. I retained the signed property receipt with this file.

16.5 Supplement 4 was amended to reflect the release of the cell phone. Note that the personal belongings released by WCSO were never in my possession and had been retained by them since Bland was booked into the jail on 07/10/2015.
S17 17.1 As reported in Supplement 15 of this file, the charges against the defendant in this case, former Trooper Brian Encinia, were dismissed with stipulations. This supplement will serve as the conclusion of the investigative activities.

17.2 As previously reported in this file, numerous items of evidence have been released and disposed of pursuant to a court order. A non-evidentiary item, described as a DVR that was submitted with Exhibits 7.12 and 7.13 in Supplement 14, Detail 14.3, will be returned to the Waller County Sheriff's Office at a later date at the request of Waller County Sheriff Glenn Smith.

17.3 I retain no further evidence that requires disposition.

17.4 Investigation closed.

VICTIMS

1 BLAND, SANDRA ANNETTE - Black/F - 02/07/1987

Hair: Black

Eyes: Brown

Weight: 175 lbs

SSN:

SID:

DL#:

Home:

Cell:

Work:

Height: 6' 00" DL State: TX Email:

WITNESSES

1 SMITH, Dormic - Black/M

Home:

Cell:

WHIDDEN, Cynthia - White/F

Home:

Cell:

ZUNIGA, Rafael - Hispanic/M

Work: Work:

DPS SENSITIVE

Email: Email:

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Home:

Cell:

SERGES, Michael - Black/M

Home:

Cell:

MILLS, Matthew - White/M

Home:

Cell:

HARGRAVE, Delores - White/F

Home:

Cell:

PRUDENTE, Oscar - Hispanic/M

Home:

Cell:

MAGNUS, Elsa - White/F

Home:

Cell:

LEWIS, Randy - White/M

Home:

Cell:

Work: Work: Work: Work: Work: Work: Work:

2 TOMCZAK, Randy - White/M

Home:

Cell:

WOOD, Christopher - White/M

Home:

Cell:

NEELY, Michael - White/M

Home:

Cell:

BEACH, Kenneth Clay - White/M

Home:

Cell:

HENDERSON, Mike - White/M

Home:

Cell:

GOODIE, Penny - Black/F

Home:

Cell:

HANSON, Natalie

Home:

Cell:

Work: Work: Work: Work: Work: Work: Work:

3 SANTEE, Natasha - Black/F

Home:

Cell:

PYLE, Alexandria - White/F

Home:

Cell:

KENT, Amber - White/F

Home:

Cell:

Work: Work: Work:

4 JOHNSON, Larry - Black/M

Home:

Cell:

BLAND, Bobby - Black/M

Home:

Cell:

MACE, Matthew - White/M

Home:

Cell:

WENDT, Danny - White/M

Home:

Cell:

WRIGHT, Sammy - White/M

Home:

Cell:

WILLIAMS, Marianne - White/F

Home:

Cell:

Work: Work: Work: Work: Work: Work:

5 MOSLEY, Lavaughn - Black/M

Home:

Cell:

REED-VEAL, Geneva - Black/F

Home:

Cell:

MAGNUS, Elsa - White/F

Home:

Cell:

GORMAN, Kevin - White/M

Home:

Cell:

CREAMER, Jerry - White/M

Home:

Cell:

Work: Work: Work: Work: Work:

DPS SENSITIVE

Email: Email: Email: Email: Email: Email: Email:
Email: Email: Email: Email: Email: Email: Email:
Email: Email: Email:
Email: Email: Email: Email: Email: Email:
Email: Email: Email: Email: Email:

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RIPPLEY, Sharon - White/F

Home:

Cell:

6 MCKNIGHT, Renee - Black/F

Home:

Cell:

COOPER, Sharon - Black/F

Home:

Cell:

NEEDHAM, Shante - Black/F

Home:

Cell:

LAMBERT, Cannon - Black/M

Home:

Cell:

7 BUREL, Craig - White/M

Home:

Cell:

LEGGETT, Gary - White/M

Home:

Cell:

LEE, Sheila Jackson - Black/F

Home:

Cell:

PATRICK, Dan - White/M

Home:

Cell:

KOLKHORST, Lois - White/F

Home:

Cell:

ELLIS, Rodney - Black/M

Home:

Cell:

BELL, Cecil - White/M

Home:

Cell:

8 TOMPKINS, Ronald - Black/M

Home:

Cell:

POWERS, John - White/M

Home:

Cell:

WILLIAMS, Mike - Black/M

Home:

Cell:

LOPEZ, Michael - Hispanic/M

Home:

Cell:

KELLEY, Michael - White/M

Home:

Cell:

WEBSTER, Kyal - Black/F

Home:

Cell:

SEWELL, Elbert - Black/M

Home:

Cell:

BEACH, Kenneth Clay - White/M

Home:

Cell:

SHEPARD, Adam - Black/M

Home:

Cell:

BOOKER, Joe - Black/M

Home:

Cell:

NGUYEN, Hong - Asian or Pacific Isl/M

Home:

Cell:

HAIRSTON-GREEN, Danielle

Home:

Cell:

9 EAKIN, Larkin - White/M

Home:

Cell:

11

Work:
Work: Work: Work: Work:
Work: Work: Work: Work: Work: Work: Work:
Work: Work: Work: Work: Work: Work: Work: Work: Work: Work: Work: Work:
Work:

DPS SENSITIVE

Email:
Email: Email: Email: Email:
Email: Email: Email: Email: Email: Email: Email:
Email: Email: Email: Email: Email: Email: Email: Email: Email: Email: Email: Email:
Email:

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ALLEN, David Jr - Black/M

Home:

Cell:

CURTIS, Otis M

Home:

Cell:

Work: Work:

Email: Email:

INVOLVED

13 ENCINIA, Brian - White/M -

Hair:

Eyes:

SSN:

SID:

Home:

Cell:

Weight: 157 lbs DL#: Work:

Height: 5' 07" DL State: Email:

INVOLVED LOCATIONS 1 , TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Precinct 2 Justice of the Peace 27388 Field Store Road Waller, TX 77484
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Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
2 , TX
, TX
, TX
, TX
, TX
, TX
, TX
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Terminix Pest Control 1707 E 29th Street Bryan, TX 77802
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Prairie View Police Department 44500 Business Highway 290 Prairie View, TX 77446
ICS: IT, Voice & Video. Solutions for Business Houston, TX
3 , TX
, TX
, TX
, TX
, TX
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, TX
4 , TX
2101 Hayes Road #1416 Houston, TX 77077
, TX
, TX
, TX
, TX
Prairie View Police Department 44500 Business Highway 290 Prairie View, TX 77446
, TX
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
5 , TX
, IL
, TX
, TX
, TX
, TX
, TX
, TX
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street
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Hempstead, TX 77445
Waller County Sheriff's Office 701 Calvit Street Hempstead, TX 77445
6 , TX
, TX
, TX
, TX
C&R Uptown Barber Shop 700 University Drive Prairie View, TX
, TX
, TX
Karchmar & Lambert, P.C. 211 W Wacker Drive Chicago, IL 60606
7 , TX
, TX
, TX
, TX
, TX
, TX
, TX
Metroplex Control Systems 12903 Delivery Drive San Antonio, TX 78247
TAC Security and Video Post Office Box 1049 Waller, TX 77484
US House of Representatives 1919 Smith Street, Suite 1180 Houston, TX 77002
State of Texas, Lieutenant Governor Texas State Capital, 2E.13 Austin, TX
Texas State Senator, District 18 Post Office Box 12068 Austin, TX 78711
Texas State Senator, District 13 Post Office Box 12068 Austin, TX 78711
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Texas State Representative, District 3 Post Office Box 2910 Austin, TX 78768
8 , TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
, TX
Texas Highway Patrol 235 Business Highway 290E Hempstead, TX 77445
Texas Department of Public Safety 12230 West Road Houston, TX 77065
Waller Police Department 1118 Farr Street Waller, TX 77484
Waller Police Department 1118 Farr Street Waller, TX 77484
Prairie View Police Department 44500 Business Highway 290 Prairie View, TX 77446
Prairie View A&M University 100 University Drive Prairie View, TX 77446
Prairie View A&M University 100 University Drive Prairie View, TX 77446
Terminix 1707 East 29th Bryan, TX 77802
Austin County Sheriff's Office 417 N Chesley Bellville, TX 77418
DPS SENSITIVE

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All Bail Bonds 1136 Austin Street Hempstead, TX 77445
Greater Houston Regional Computer Forensic Laboratory 13333 Northwest Freeway Houston, TX 77040
Prairie View A&M University 100 University Drive Prairie View, TX 77446
9 , TX
Eakin Law Firm 706 10th Street Hempstead, TX 77445
11 Prairie View, TX
Prairie View, TX
, TX
, TX
13 , TX
Texas Department of Public Safety 235 Business Hwy 290 East Hempstead, TX 77445

INVOLVED VEHICLES

4 Silver 2006 HYUNDAI PASSENGER

Status:

VIN:

State

Plate:

OFFENSES
1 QUESTIONABLE DEATH WALLER County, HEMPSTEAD, TX, US 07/13/2015 ( Monday ) Victim: BLAND, SANDRA
13 PERJURY PC-37.02-MA WALLER County, HEMPSTEAD, TX, US 01/06/2016 ( Wednesday )

CHARGES

13 PERJURY PC-37.02-MA

Location:

WALLER County, HEMPSTEAD, TX, US

Charge Court:

506TH JUDICIAL DISTRICT COURT

Date of Offense: 01/06/2016

Warrant Court:

Waller County District Court

Cause / Complaint #:50030001

Warrant Issued: 01/06/2016

Warrant Number: CC16-001

Warrant Type: Warrant LOC:

DPS SENSITIVE

INDICTMENT RETURNED Hempstead, Waller County,
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Warrant Judge: Arrest Date:

Waller County Grand Jury 01/07/2016

Disposition Date: 06/28/2017

Court:

Description:

Dismissed

Years Sentenced: 0 Months Sentenced: 0 Days Sentenced: 0

Death: Fine:

Life: $0

Restitution:

Offense: 13 - PERJURY

PERSONNEL
1 Captain Brian CANTRELL, Waller County Sheriff's Office 701 Calvit Hempstead TX 77445 (979) 826-8282

Chief Deput, Waller County Sherif's Office 846 6th Street Hempstead TX 77445 (979) 826-3332

Investigator Marc LANGDON, Waller County Sheriff's Office 701 Calvit Street Hempstead TX 77445 (979) 826-8033

Investigator Mike PARINELLO, Waller County Sheriff's Office 701 Calvit Street Hempstead TX 77445 (979) 826-8033

Justice of the Peace Charles KARISCH, Waller County Precinct 1 846 6th Street Hempstead TX 77445 (979) 826-7745

Lieutenant Justin LANE, Waller County Sheriff's Office 701 Calvit Street Hempstead TX 77445 (979) 826-8033

Lieutenant Kip WESTMORELAND, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400

Lieutenant Sherry ROCHEN, Waller County Sheriff's Office 701 Calvit Street Hempstead TX 77445 (979) 826-8033

Ranger Shane ELLISON, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400

Trooper Brian ENCINIA,

DPS SENSITIVE

Texas 506TH JUDICIAL DISTRICT COURT $0
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Texas Department of Public Safety 235 Business 290 East Hempstead TX 77445 (979) 826-4066
3 Ranger Jeff OWLES, Texas Rangers Company "A" 701 Calvit Hempstead TX 77445 (979) 865-8282
4 Assistant Medical Examiner Sara DOYLE, M.D., Harris County Institute of Forensic Sciences 1885 Old Spanish Trail Houston TX 77054 (713) 796-9292
5 Chief Zena STEPHENS, Prairie View A&M University Police Department FM 1098 & University Drive Prairie View TX 77446 (936) 261-1375
District Attorney Elton MATHIS, Waller County District Attorney 645 12th Street Hempstead TX 77445 (979) 826-7718
Judge Trey DUHON, Waller County 836 Austin Street Hempstead TX 77445 (979) 826-7700
Sergeant Darren VACEK, Texas Department of Public Safety 235 Business Highway 290E Hempstead TX 77445 (979) 826-4066
Sheriff Glenn SMITH, Waller County Sheriff's Office 701 Calvit Hempstead TX 77445 (979) 826-8282
Special Agent Angel MARTINEZ, Federal Bureau of Investigation 3000 Briarcrest Drive #306 Bryan TX 77802 (979) 776-8894
SSRA Chris RAIA, Federal Bureau of Investigation 3000 Briarcrest Drive #306 Bryan TX 77802 (979) 776-8894
6 Asst. District Attorney Warren DIEPRAAM, Waller County District Attorney's Office 645 12th Streeet Hempstead TX 77445 (979) 826-7718
Chief Larry JOHNSON, Prairie View Police Department 44500 Business Highway 290 Prairie View TX 77446 (936) 857-3521
Major Jeff COLLINS, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400
DPS SENSITIVE

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7 Assistant District Attorney Mia MAGNESS, Waller County District Attorney's Office 645 12th Street Hempstead TX 77445 (979) 826-7718
Captain Terry TRUETT, Texas Department of Public Safety #2 Hilbig Conroe TX 77301 (936) 442-2838
Investigator Bethany BLESS, Harris County Institute of Forensic Sciences 1885 Old Spanish Trail Houston TX 77054 (713) 796-9292
Major Dwight MATHIS, Texas Department of Public Safety 12230 West Road Houston TX 77065 (281) 517-1300
Ranger Daron PARKER, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400
Regional Commander Duane STEEN, Texas Department of Public Safety 12230 West Road Houston TX 77065 (281) 517-1300
8 Chief Deputy Craig DAVIS, Waller County Sheriff's Office 701 Calvit Hempstead TX 77445 (979) 826-8282
District Judge Albert MCCAIG, 506th District Court 836 Austin Street, Room 307 Hempstead TX 77445 (979) 921-0921
EMS Supervisor James JONES, Waller County EMS 1134 Austin Street Hempstead TX 77445 (979) 826-6063
EMT Kaylene GRIGAR, Waller County EMS 1134 Austin Street Hempstead TX 77445 (979) 826-6063
EMT Tim GARRETT, Waller County EMS 1134 Austin Street Hempstead TX 77445 (979) 826-6063
Paramedic Brandy STEVENS, Waller County EMS 1134 Austin Street Hempstead TX 77445 (979) 826-6063
Paramedic Cristi ALEXANDER, Waller County EMS
DPS SENSITIVE

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1134 Austin Street Hempstead TX 77445 (979) 826-6063

Ranger Jose Noe DIAZ, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400

11 Special Agent Brad MOSELEY, Texas Department of Public Safety
12230 West Road Houston TX 77065
(281) 517-1430

Special Agent Minh LU, Federal Bureau of Investigation 13333 Northwest Freeway Houston TX 77040 (713) 690-2566

12 Ranger Troy WILSON, Texas Rangers Company "F"
800 10th Street Floresville TX 78114

S14

Ranger Shane Ellison, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400

Lieutenant Kip Westmoreland, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400

Ranger Jose Noe Diaz, Texas Rangers Company "A" 12230 West Road Houston TX 77065 (281) 517-1400

S16

Chief Deputy Craig Davis, Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445 (979) 826-8033

S17

Sheriff Glenn Smith, Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445 (979) 826-8282

EVIDENCE
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DPS SENSITIVE

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"> ">
13 Evidence: Seizure Date: Description: Address: By: Value:
30 Evidence: Seizure Date: Description: Address: By: Value:
14 Evidence: Seizure Date: Description: Address: By: Value:
6 Evidence: Seizure Date: Description: Address: By: Value:
16 Evidence: Seizure Date: Description: Address: By: Value:
1 Evidence: Seizure Date: Description: Address: By: Value:
2 Evidence: Seizure Date: Description: Address: By: Value:
9 Evidence: Seizure Date: Description: Address: By: Value:
1 Evidence: Seizure Date: Description: Seized From:

Other 07/24/2015 000 Copy of EMS report from the traffic stop on 07-10-2015 , Ranger Shane ELLISON $0.00
Other 08/14/2015 000 DPS Crime Lab Forensic Biology Report , Ranger Shane ELLISON $0.00
Other 07/24/2015 000 Copy of EMS report on response to WCSO Jail on 07-13-2015 , Ranger Shane ELLISON $0.00
Other 07/23/2015 000 DPS Crime Laboratory Forensic Biology Report , Ranger Shane ELLISON $0.00
Other 07/24/2015 000 CO-29 radio and in-car traffic report , Ranger Shane ELLISON $0.00
Other 07/23/2015 000 HQ-12 Incident Report , Ranger Shane ELLISON $0.00
Other 07/30/2015 000 Copy of Trooper Brian ENCINIA'S THP-1 Offense Report , Ranger Shane ELLISON $0.00
Witness Statement (written) 10/02/2015 1357 Audio recorded interview of David ALLEN Prairie View, Texas, Ranger Shane ELLISON $0.00
Other 07/13/2015 000 DVD containing photographs of the scene at the Waller Co. Jail Waller County Sheriff's Office Jail
DPS SENSITIVE

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Address: By: Value:

701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

2 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Other 07/13/2015 1214 Transparent white trash bag used as a ligature Waller Co. Jail - Cell 95 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Chain of Custody: Transfered To: Harris County Institute of Forensic Science

Date/Time: 07/13/2015

4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
5 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
6 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
5 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
31 Evidence: Seizure Date: Description: Address: By: Value:
5 Evidence: Seizure Date: Description: Address: By: Value:

Other 07/13/2015 000 Copies of Waller County Jail intake forms Waller County Jail 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Other 07/13/2015 000 Copies of Magistration forms and paperwork Waller County Jail 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Other 07/13/2015 000 Copies of Waller Co. Sheriff's Office medical and health screening forms Waller County Jail 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Other 07/21/2015 000 Compact disc containing videos of Sandra BLAND Facebook and YouTube , Ranger Shane ELLISON $0.00

Other 08/26/2015 000 DPS Crime Lab DNA Report , Ranger Shane ELLISON $0.00

Other 07/23/2015 000 DPS Crime Laboratory Latent Print Examination Report , Ranger Shane ELLISON $0.00

DPS SENSITIVE

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8 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
9 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
10 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
7 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
11 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
3 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
1 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
2 Evidence: Seizure Date: Description: Seized From: Address:

Other 07/13/2015 000 Copy of in-cell phone usage for BLAND and PID number 290684 Waller County Jail 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/13/2015 1330 Audio recorded interview of WCSO Deputy Jailer Oscar PRUDENTE WCSO interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/13/2015 1350 Audio recorded interview of WCSO Lieutenant Sherry ROCHEN WCSO interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00
Other 07/13/2015 000 Copy of Waller Co. Sheriff's Office Hourly Observation Log Waller County Jail 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/13/2015 1410 Audio recorded interview of Deputy Jailer Cynthia WHIDDEN WCSO interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00
Other 07/13/2015 000 Surveillance video footage from the Waller County Jail Footage from booking area camera that faces cell 95 hallway 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/13/2015 1534 Audio recorded interview of WCSO Jailer Dormic SMITH Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/13/2015 1556 Audio recorded interview of WCSO Deputy Randy LEWIS Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445,
DPS SENSITIVE

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By: Value:
3 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
5 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
7 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
6 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
1 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
2 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
3 Evidence: Seizure Date: Description:

Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1611 Audio recorded interview of WCSO Jailer Randy TOMCZAK Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Other 07/13/2015 000 Copy of Trooper Brian ENCINIA's traffic stop video, photographs of injuries Waller County Sheriff's Office 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1655 Audio recorded interview of WCSO Deputy Jailer Matthew MILLS Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1746 Audio recorded interview of WCSO Jailer Rafael ZUNIGA Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1705 Audio recorded interview of WCSO Deputy Jailer Michael SERGES Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1819 Audio recorded interview of WCSO Inmate Natasha SANTEE Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1840 Audio recorded interview of WCSO Inmate Alexandria PYLE Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1855 Audio recorded interview of WCSO Inmate Amber KENT

DPS SENSITIVE

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Seized From: Address: By: Value:
4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
5 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
2 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
3 Evidence: Seizure Date: Description:
Seized From: Address: By: Value:
8 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
10 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1906 Audio recorded interview of WCSO Jailer Christopher WOOD Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/13/2015 1915 Audio recorded interview of WCSO Deputy Jailer Michael NEELY Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

Other 07/16/2015 000 Prairie View Police Department Office Pennie GOODIE'S police report Prairie View Police Department 44500 Business Highway 290, Prairie View, Texas, Ranger Shane ELLISON $0.00

Other 07/15/2015 1300 WCSO video footage of hallway to cell 95 From Friday, 07-10-2015 to Monday, 07-13-2015. Received from WCSO Investigator Marc LANGDON. Approximately 37 gigabytes in size. Waller County Sheriff's Office 701 Calvit Street, Hempstead, Texas, Ranger Shane ELLISON $0.00

Other 07/14/2015 1645 Photographs taken by Ranger ELLISON of BLAND'S Hyundai Azera Storage lot 40793 FM 1488, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Other 07/14/2015 000 Copy of WCSO jail door and intercom access log Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/14/2015 1541 Audio recorded interview of WCSO Jailer Danny WENDT Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

DPS SENSITIVE

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6 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Witness Statement (written) 07/14/2015 000 Written statement from WCSO Nurse Marianne WILLIAMS, LVN Waller County Sheriff's Office 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

7 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Other 07/14/2015 1645 Copy of Illinois registration documents received from Waller County Paint & Body Waller County Paint & Body 40793 FM 1488, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

9 Evidence: Seizure Date: Description: Description:
Seized From: Address: By: Value:

Other 07/15/2015 1:45 PM Exhibit 4.9, Apple iPhone 5, model number A1428 Black iPhone 5, model A1428 retrieved from the trunk of BLAND'S vehicle Received from Investigator PARINELLO Waller County Sheriff's Office 701 Calvit, Hempstead, Texas, Ranger Shane ELLISON $0.00

04/29/201 11:32 AM
Geneva 07/12/2017 1:38 PM Ree DPS-HQ, 12230 West Road, Houston (Released
Chain of Custody:
04/29/201 11:32 AM
Geneva 07/12/2017 1:38 PM Ree DPS-HQ, 12230 West Road, Houston (Released
Transfered To: FB Shane ELLISON Texas DPS, Houston from Cellebrite via UPS Cellebrite, Parsippany, NJ from FedEx FedEx Shane ELLISON

Date/Time: 09/01/2015 09/01/2015 08/31/2015 08/27/2015 08/26/2015 08/26/2015

DPS SENSITIVE

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Angel MARTINEZ Entrusted property - Texas Ranger Co. "A" Office (Houston) Geneva Ree - DPS-HQ, 12230 West Road, Houston (Released)
04/29/201 11:32 AM
Geneva 07/12/2017 1:38 PM Ree DPS-HQ, 12230 West Road, Houston (Released

07/20/2015 04/29/2016 11:32 AM 07/12/2017 1:38 PM

Disposition: Status: Authorized for Release

Requested/Authorized By:

Date/Time: 07/12/2017

Released To/Destroyed Location:
Location: DPS Headquarters, 12230 West Road, Houston, Texas 77065 Released To: Geneva Reed-Veal

5 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
1 Evidence: Seizure Date: Description:
Address: By: Value:
25 Evidence: Seizure Date: Description: Address: By: Value:
29 Evidence: Seizure Date: Description: Address: By: Value:
3 Evidence: Seizure Date: Description:

Witness Statement (written) 07/14/2015 1549 Audio recorded interview of WCSO Deputy Jailer Sammy WRIGHT Waller County Sheriff's Office interview room 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Other 07/22/2015 1815 Autopsy report re: Sandra BLAND - OC15-030 Received via email from the HCIFS through Waller County Asst. District Attorney W. DIEPRAAM on 07-22-2015, at approximately 6:15 PM. Received via email from the Harris County Institute of Forensic Sciences, Ranger Shane ELLISON $0.00

Other 07/31/2015 000 DPS Crime Lab Trace Analysis Report , Ranger Shane ELLISON $0.00

Witness Statement (written) 08/13/2015 000 Written statement from Waller County EMS Supervisor James JONES , Ranger Shane ELLISON $0.00

Witness Statement (written) 07/15/2015 1832 Audio recorded interview of WCSO Jailer Jerry CREAMER
DPS SENSITIVE

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Seized From: Address: By: Value:
4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
1 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
2 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
1 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
2 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
1 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
2 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
3 Evidence:

Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/15/2015 1841 Audio recorded interview of WCSO Corporal Sharon RIPPLEY Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/15/2015 1803 Audio recorded interview of WCSO Jailer Elsa MAGNUS Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/15/2015 1824 Audio recorded interview of Deputy Jailer Kevin GORMAN Waller County Sheriff's Office interview room 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Other 07/16/2015 000 Copies of arrest warrant and traffic ticket cases Prairie View Police Department Prairie View Police Department/ Waller County Precinct 3, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/16/2015 1720 Audio recorded interview of Renee MCKINIGHT Prairie View Police Department interview room 44500 Business 290, Prairie View, Texas, Ranger Shane ELLISON $0.00

Other 07/20/2015 000 Thumb drive containing entire jail video of Sandra BLAND Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/17/2015 2045 Audio recording of the meeting with COOPER, NEEDHAM and Attorney LAMBERT Texas Ranger conference room 12230 West Road, Houston, Texas 77065, Ranger Shane ELLISON $0.00

Witness Statement (written)

DPS SENSITIVE

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Seizure Date: Description: Seized From: Address: By: Value:

07/18/2015 000 Audio recording of traffic stop video viewing and meeting with Attorney LAMBERT Regional Commander's conference room 12230 West Road, Houston, Texas 77065, Ranger Shane ELLISON $0.00

4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Witness Statement (written) 07/18/2015 1025 Audio recording of phone call between Ranger ELLISON and Ms. REED-VEAL Texas Ranger conference room 12230 West Road, Houston, Texas 77065, Ranger Shane ELLISON $0.00

5 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Witness Statement (written) 07/18/2015 1315 Sworn statement and copy of work order from Craig BUREL Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

6 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Witness Statement (written) 07/18/2015 000 Copy of sworn statement and work order from Gary LEGGETT Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

7 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Other 07/18/2015 000 Notification of Release signed by Judge Charles KARISCH Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

12 Evidence: Seizure Date: Description: Description: Seized From: Address: By: Value:

Other 07/20/2015 12:05 PM 2 TB Western Digital hard drive, serial number WCC4MKDKPYSL (#1) Western Digital 2 TB hard drive - WCC4MKDKPYSL Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

04/29/201 11:32 AM
Chain of Custody:
04/29/201 11:32 AM
Transfered To: Angel MARTINEZ Entrusted property - Texas Ranger Co. "A" Office (Houston)
04/29/201 11:32 AM

Date/Time: 07/20/2015 04/29/2016 11:32 AM

DPS SENSITIVE

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1 Evidence: Seizure Date: Description: Address: By: Value:

Other 09/01/2015 1238 Copy of evidence intake receipt and UPS tracking details , Ranger Shane ELLISON $0.00

11 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Other 07/20/2015 1205 Property transfer receipts for WCSO video system hard drives Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

13 Evidence: Seizure Date: Description: Description: Seized From: Address: By: Value:

Other 07/20/2015 12:05 PM 2 TB Western Digital hard drive, serifal number WCC4MA09ZZV3 (#2) Western Digital 2 TB hard drive - WCC4MA09ZZV3 Waller County Sheriff's Office 701 Calvit, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

04/29/201 11:32 AM
Chain of Custody:
04/29/201 11:32 AM
Transfered To: Angel MARTINEZ Entrusted property - Texas Ranger Co. "A" Office (Houston)
04/29/201 11:32 AM

Date/Time: 07/20/2015 04/29/2016 11:32 AM

10 Evidence: Seizure Date: Description:
Address: By: Value:
9 Evidence: Seizure Date: Description: Address: By: Value:
8 Evidence: Seizure Date: Description: Address: By: Value:
27 Evidence: Seizure Date:

Other 07/20/2015 1708 Copy of DPS Laboratory Submission Form dated 07-20-2015 HOU-1507-08124 Sent to Ranger ELLISON, via email DPS crime lab, Ranger Shane ELLISON $0.00

Other 07/20/2015 000 Audio recording of radio interview of Attorney LAMBERT and COOPER Unknown, Ranger Shane ELLISON $0.00

Other 07/20/2015 1230 Electronic copy of camera system user manual Sent to Ranger ELLISON, via email, Ranger Shane ELLISON $0.00

Witness Statement (written) 08/10/2015 1540
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Description: Seized From: Address: By: Value:

Audio recorded interview of Deputy Adam SHEPARD Prairie View A&M University Police Department 100 University Drive, Prairie View, Texas, Ranger Shane ELLISON $0.00

23 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Other 07/30/2015 000 Thumb drive with video compilation of Sandra BLAND'S movements in the WCSO Jail Waller County Sheriff's Office 701 Calvit Street, Hempstead, Texas, Ranger Shane ELLISON $0.00

15 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Other 07/24/2015 000 Video footage of Sandra BLAND on the Prairie View A&M Campus Prairie View A&M University Police Department 100 University Drive, Prairie View, Texas, Ranger Shane ELLISON $0.00

9 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Other 07/23/2015 1730 Copy of PVPD Officer Michael KELLEY'S dash-cam video Prairie View Police Department 44500 Business Highway 290, Prairie View, Texas, Ranger Shane ELLISON $0.00

1 Evidence: Seizure Date: Description: Seized From: Address: By: Value:

Search Warrants 07/21/2015 000 Copy of search warrant affidavit and search warrant 506th District Court Office Waller County Courthouse, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

2 Evidence: Seizure Date: Description: Description:
Seized From: Address: By: Value:

Other 07/22/2015 2:21 PM Watch Guard DV-1E Overhead Video Recording System, serial number WGA00450 Watch Guard DV-1E video recording system removed from Trooper Brian ENCINIA'S Tahoe Serial number WGA00450, DPS inventory number 486717 DPS Crime Laboratory vehicle processing bay 12230 West Road, Houston, Texas 77065, Ranger Shane ELLISON $0.00

04/29/201 11:32 AM
Chain of Custody:
04/29/201 11:32 AM
Transfered To: Angel MARTINEZ Entrusted property - Texas Ranger Co. "A" Office (Houston)
04/29/201 11:32 AM

Date/Time: 07/22/2015 04/29/2016 11:32 AM

DPS SENSITIVE

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3 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
7 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
8 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
10 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
11 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
12 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
17 Evidence: Seizure Date: Description:
Address:

Other 07/22/2015 1424 Texas Ranger Property Receipt for Watchdog video recording system DPS Crime Laboratory vehicle processing bay 12230 West Road, Houston, Texas 77065, Ranger Shane ELLISON $0.00

Other 07/22/2015 000 Photographs of Trooper Brian ENCINIA'S THP Tahoe DPS Crime Laboratory vehicle processing bay 12230 West Road, Houston, Texas 77065, Ranger Shane ELLISON $0.00

Other 07/23/2015 000 Copy of dash-cam video footage from Waller Police Department Officer Michael LOPEZ Waller Police Department 1118 Farr Street, Waller, Texas, Ranger Shane ELLISON $0.00

Other 07/23/2015 000 Waller Police Department Officer Michael LOPEZ' report Waller Police Department 1118 Farr Street, Waller, Texas, Ranger Shane ELLISON $0.00

Other 08/17/2015 000 Copy of PVPD Officer Michael KELLEY'S report Prairie View Police Department 44500 Business Highway 290, Prairie View, Texas, Ranger Shane ELLISON $0.00

Witness Statement (written) 07/23/2015 1810 Audio recorded interview of Kyal WEBSTER WEBSTER'S residence Hempstead, Texas, Ranger Shane ELLISON $0.00

Other 07/24/2015 000 Gateway Liners trash can liner Waller County Sheriff's Office 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Other 07/24/2015 000 Original and scanned copies of the warning and tickets issued to Sandra BLAND by Trooper Brian ENCINIA ,

DPS SENSITIVE

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REPORT OF INVESTIGATION

By: Value:
18 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
19 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
20 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
21 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
22 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
24 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
26 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
28 Evidence: Seizure Date: Description:

Ranger Shane ELLISON $0.00
Witness Statement (written) 07/28/2015 1015 Audio recorded interview of Paramedic Brandy STEVENS Waller County EMS 612 Walnut Street, Waller, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/28/2015 1033 Audio recorded interview of EMT Tim GARRETT Waller County EMS 612 Walnut Street, Waller, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/28/2015 1650 Audio recorded interview of Elbert SEWELL Prairie View Police Department 100 University Drive, Prairie View, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/29/2015 1726 Audio recorded interview of EMT Kaylene GRIGAR Waller County EMS 612 Walnut, Waller , Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/30/2015 1030 Audio recorded interview of Danielle HAIRSTON-GREEN Prairie View A&M University Police Department 100 University Drive, Prairie View, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 07/30/2015 1257 Audio recorded interview of Paramedic Cristi ALEXANDER Waller County EMS 26156 FM 362, Waller, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 08/07/2015 1433 Audio recorded interview of Kenneth Clay BEACH Waller Count Sheriff's Office 701 Calvit Street, Hempstead, Texas, Ranger Shane ELLISON $0.00
Witness Statement (written) 08/10/2015 1645 Audio recorded interview of Joe BOOKER
DPS SENSITIVE

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Page 93 of 94

Seized From: Address: By: Value:
32 Evidence: Seizure Date: Description: Address: By: Value:
3 Evidence: Seizure Date: Description: Address: By: Value:
4 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
6 Evidence: Seizure Date: Description:
Seized From: Address: By: Value:
7 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
5 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
8 Evidence: Seizure Date: Description: Address: By: Value:
2 Evidence: Seizure Date: Description:

All Bail Bonds 1136 Austin Street, Hempstead, Texas, Ranger Shane ELLISON $0.00

Other 08/26/2015 000 FedEx tracking history and copy of Return to Agency Evidence Receipt from the RCFL , Ranger Shane ELLISON $0.00

Witness Statement (written) 08/04/2015 1230 Trooper Brian ENCINIA'S written statement 820 13th Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00

Other 09/17/2015 1034 Copy of evidence transfer receipt and Report of Examination from Houston RCFL Houston RCFL 13333 Northwest Freeway, Houston, Texas 77040, Ranger Shane ELLISON $0.00

Other 09/17/2015 1034 "CART" copies of WCSO Jail video footage, SIM card backup and in-car video hard drives and footage RCFL 13333 Northwest Freeway, Houston, Texas 77040, Ranger Shane ELLISON $0.00

Other 09/17/2015 1034 "Agency" copies of WCSO Jail video footage, SIM card backup and in-car video footage RCFL 13333 Northwest Freeway, Houston, Texas 77040, Ranger Shane ELLISON $0.00

Other 09/17/2015 1028 FBI-RCFL Report of Examination Houston RCFL 13333 Northwest Freeway, Houston, Texas 77040, Ranger Shane ELLISON $0.00

Other 07/10/2015 000 Video from traffic stop extracted from BLAND'S phone University Drive, Prairie View, Texas, Ranger Shane ELLISON $0.00

Other 09/17/2015 1034 Extracted data from BLAND'S iPhone - CART copy

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Page 94 of 94

Seized From: Address: By: Value:
3 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
4 Evidence: Seizure Date: Description: Address: By: Value:
1 Evidence: Seizure Date: Description: Seized From: Address: By: Value:
2 Evidence: Seizure Date: Description: Address: By: Value:
3 Evidence: Seizure Date: Description: Address: By: Value:

Houston RCFL 13333 Northwest Freeway, Houston, Texas 77040, Ranger Shane ELLISON $0.00
Other 09/17/2015 1034 Extracted data from BLAND'S iPhone - Agency copy Houston RCFL 13333 Northwest Freeway, Houston, Texas 77040, Ranger Shane ELLISON $0.00
Other 12/12/2015 000 Copy of email correspondence between Ranger ELLISON and Ranger WILSON , Ranger Shane ELLISON $0.00
Other
Diagram of WCSO Jail cell scene drawn by Investigator PARINELLO Waller County Jail 701 Calvit Street, Hempstead, Texas 77445, Ranger Shane ELLISON $0.00
Other 09/15/2015 000 Scene diagrams prepared by Ranger Troy WILSON , Ranger Shane ELLISON $0.00
Other 12/12/2012 000 Copy of Ranger Troy WILSON'S Report of Investigation , Ranger Shane ELLISON $0.00

ATTACHMENT NAME(S)

END OF REPORT

DPS SENSITIVE

05/08/2019 13:45

 
 Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 1 of 13
CLOSED,MEDIATION
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:15−cv−02232

Reed−Veal v. Encinia et al Assigned to: Judge David Hittner Cause: 42:1983 Civil Rights Act
Plaintiff Geneva Reed−Veal

Date Filed: 08/04/2015 Date Terminated: 11/01/2016 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Diversity
represented by Cannon D Lambert , Sr Karchmar and Lambert, P.C. 211 W. Wacker Ste 1400 Chicago, IL 60606 312−977−1300 Email: cannon@karchmarlambert.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry R Rogers , Jr. Power Rogers & Smith 70 W. Madison Ste 5500 Chicago, IL 60602 312−236−9381 Email: lrogersjr@prslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
J Thomas Rhodes , III Attorney at Law 126 Villita St San Antonio, TX 78205 210−225−5251 Fax: 210−225−6545 Email: trhodes@tomrhodeslaw.com ATTORNEY TO BE NOTICED

V. Defendant Brian Encinia
Defendant TEXAS DEPARTMENT OF PUBLIC SAFETY TERMINATED: 02/18/2016 Defendant Elsa Magnus

represented by Seth Byron Dennis Texas Attorney General PO Box 12548 Austin, TX 78711−2528 512−463−2080 Email: seth.dennis@texasattorneygeneral.gov ATTORNEY TO BE NOTICED
represented by Seth Byron Dennis (See above for address) ATTORNEY TO BE NOTICED
represented by Larry J Simmons , Jr Germer, LLP America Tower

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 2 of 13

2929 Allen Parkway Suite 2900 Houston, TX 77019 713−650−1313 Fax: 713−739−7420 Email: ljsimmons@germer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Benjamin Eliot New Germer Gertz LLP 550 Fannin Suite 400 Beaumont, TX 77701 409−654−6700 Email: enew@germer.com ATTORNEY TO BE NOTICED

Defendant Oscar Prudente

represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Benjamin Eliot New (See above for address) ATTORNEY TO BE NOTICED

Defendant Waller County

represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Benjamin Eliot New (See above for address) ATTORNEY TO BE NOTICED

Defendant Rafael Zuniga

represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Michael Sergis

represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Dormic Smith

represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Cynthia Whidden

represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 3 of 13

Defendant Marc Langdon
Defendant Sherry Rochen
Defendant Lanny Thibodeaux
Defendant Matthew Mills
Defendant Marianne Williams
Defendant Randy Lewis
Movant City of Prairie View, Texas Police Department
Movant U.S. Attorney U.S. Attorney's Office 1000 Louisiana, Suite 2300 Houston, Tx 77002 713 567−9514

represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Larry J Simmons , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Scott Bounds Olson & Olson, LLP 2727 Allen Parkway Suite 600 Houston, TX 77019−2133 713−533−3800 Fax: 713−533−3888 Email: sbounds@olsonllp.com LEAD ATTORNEY
represented by Samuel G Longoria US Attorneys Office 1000 Louisiana Ste 2300 Houston, TX 77002 713−567−9514 Fax: 713−718−3303 Email: sam.longoria@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 4 of 13

Date Filed 08/04/2015 08/05/2015
08/05/2015 08/05/2015 08/05/2015 08/06/2015 08/06/2015 08/20/2015 08/21/2015 08/24/2015 08/26/2015 09/03/2015 09/04/2015 09/04/2015 09/08/2015
09/08/2015 09/11/2015 09/14/2015 09/15/2015

# Docket Text
1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541−15225115) filed by Geneva Reed−Veal. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Rhodes, J) (Entered: 08/04/2015)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/1/2015 at 02:00 PM in Courtroom 703 before Magistrate Judge Stephen Smith(Signed by Judge David Hittner) Parties notified.(smurdock, 4) (Entered: 08/05/2015)
3 MOTION for Cannon D. Lambert, Sr. to Appear Pro Hac Vice by Geneva Reed−Veal, filed. Motion Docket Date 8/26/2015. (Rhodes, J) (Entered: 08/05/2015)
4 MOTION for Larry R. Rogers, Jr. to Appear Pro Hac Vice by Geneva Reed−Veal, filed. Motion Docket Date 8/26/2015. (Rhodes, J) (Entered: 08/05/2015)
5 ORDER Setting Status Conference A Status Conference is set for 9/15/2015 at 02:00 PM in Courtroom 8A before Judge David Hittner(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/06/2015)
6 ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Cannon D. Lambert, Sr.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/06/2015)
7 ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Larry R. Rogers, Jr.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/06/2015)
8 CERTIFICATE OF INTERESTED PARTIES by Geneva Reed−Veal, filed.(Rhodes, J) (Entered: 08/20/2015)
9 NOTICE of Appearance by Larry R. Rogers, Jr. on behalf of Geneva Reed−Veal, filed. (Rogers, Larry) (Entered: 08/21/2015)
10 NOTICE of Appearance by Cannon Lambert (Lead Counsel) on behalf of Geneva Reed−Veal, filed. (Lambert, Cannon) (Entered: 08/24/2015)
11 First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Geneva Reed−Veal.(Rogers, Larry) (Entered: 08/26/2015)
12 ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Elsa Magnus, Oscar Prudente, Waller County, filed.(Simmons, Larry) (Entered: 09/03/2015)
13 NOTICE of Appearance by B. Eliot New on behalf of Elsa Magnus, Oscar Prudente, Waller County, filed. (New, Benjamin) (Entered: 09/04/2015)
14 CERTIFICATE OF INTERESTED PARTIES by Elsa Magnus, Oscar Prudente, Waller County, filed.(Simmons, Larry) (Entered: 09/04/2015)
15 Texas Department of Public Safety's MOTION to Dismiss and Defendant Encina's Motion to Dismiss and/or Opposed Motion for Rule 7a Reply with Brief in Support by TEXAS DEPARTMENT OF PUBLIC SAFETY, Brian Encinia, filed. Motion Docket Date 9/29/2015. (Attachments: # 1 Proposed Order)(Dennis, Seth) Filers corrected on 9/8/2015 (ltien, 4). (Entered: 09/08/2015)
16 CERTIFICATE OF INTERESTED PARTIES by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed.(Dennis, Seth) (Entered: 09/08/2015)
17 Opposed MOTION Limit Discovery by Elsa Magnus, Oscar Prudente, Waller County, filed. Motion Docket Date 10/2/2015. (Attachments: # 1 Proposed Order)(Simmons, Larry) (Entered: 09/11/2015)
18 NOTICE of Initial Disclosure by Elsa Magnus, Oscar Prudente, Waller County, filed. (Simmons, Larry) (Entered: 09/14/2015)
19 INITIAL DISCLOSURES by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed.(Dennis, Seth) (Entered: 09/15/2015)

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 5 of 13

09/15/2015
09/15/2015 09/24/2015 09/29/2015 09/29/2015
10/01/2015 10/07/2015 10/07/2015 10/14/2015
10/15/2015 10/16/2015 10/16/2015 10/16/2015 11/04/2015 11/04/2015 11/04/2015 11/06/2015

20 Minute Entry for proceedings held before Judge David Hittner. STATUS CONFERENCE held on 9/15/2015. Plaintiff to file a response to the Motion for Rule 7 Reply (Doc. # 15) by November 2, 2015. Defendants to file a reply by November 7, 2015. Status Conference set for December 17, 2015 at 2:00 p.m. Appearances: Seth Byron Dennis, Larry J Simmons, Jr, Cannon D Lambert, Sr, Larry R Rogers, Jr, J Thomas Rhodes, III, Robert Brezezinski, Erin Oglesby, Ted Diamantopoulos, Karen Matlock.(Court Reporter: Laura Wells), filed.(ealexander, 4) (Entered: 09/16/2015)
***Set/Reset Hearings: Status Conference set for 12/17/2015 at 02:00 PM in Courtroom 8A before Judge David Hittner (ealexander, 4) (Entered: 09/16/2015)
21 REPLY to Response to 15 MOTION to Dismiss And Defendant Encina's Motion to Dismiss and/or Opposed Motion for Rule 7a Reply with Brief in Support, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 09/24/2015)
22 Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by Geneva Reed−Veal.(Lambert, Cannon) (Entered: 09/29/2015)
23 REPLY to Response to 15 MOTION to Dismiss And Defendant Encina's Motion to Dismiss and/or Opposed Motion for Rule 7a Reply with Brief in Support, filed by TEXAS DEPARTMENT OF PUBLIC SAFETY. (Dennis, Seth) (Entered: 09/29/2015)
24 RESPONSE to 17 Opposed MOTION Limit Discovery filed by Geneva Reed−Veal. (Rhodes, J) (Entered: 10/01/2015)
25 MOTION to Dismiss Plaintiffs' Second Amended Complaint With Brief In Support by Brian Encinia, filed. Motion Docket Date 10/28/2015. (Attachments: # 1 Proposed Order)(Dennis, Seth) (Entered: 10/07/2015)
26 MOTION to Dismiss Plaintiffs' Second Amended Complaint With Brief In Support by TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 10/28/2015. (Attachments: # 1 Proposed Order)(Dennis, Seth) (Entered: 10/07/2015)
27 MOTION to Quash Subpoena to Produce Documents, MOTION for Protective Order( Motion Docket Date 11/4/2015.) by City of Prairie View, Texas Police Department, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Bounds, Scott) (Entered: 10/14/2015)
28 Joint MOTION for Entry of Order re: Agreed Protective Order by Elsa Magnus, Oscar Prudente, Waller County, filed. Motion Docket Date 11/5/2015. (Attachments: # 1 Exhibit A − Agreed Protective Order)(Simmons, Larry) (Entered: 10/15/2015)
29 MOTION to Quash Subpoena to FBI by U.S. Attorney, filed. Motion Docket Date 11/6/2015. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Longoria, Samuel) (Entered: 10/16/2015)
30 Opposed MOTION for Protective Order by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 11/6/2015. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Dennis, Seth) (Entered: 10/16/2015)
31 PROTECTIVE ORDER granting 28 Joint MOTION for Entry of Order re: Agreed Protective Order (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 10/19/2015)
32 AMENDED 27 MOTION by City of Prairie View, Texas Police Department, filed. Motion Docket Date 11/25/2015. (Attachments: # 1 Exhibit Exhibit A − Subpoena)(Bounds, Scott) (Entered: 11/04/2015)
33 REPLY Individual Answer to Interrrogatories, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 11/04/2015)
34 REPLY Representative Answers to Interrrogatories, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 11/04/2015)
35 REPLY Representative Answers to Interrrogatories, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 11/06/2015)

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 6 of 13

11/06/2015 11/10/2015 11/11/2015 11/11/2015
11/17/2015
11/17/2015
11/17/2015 11/18/2015
11/20/2015 11/23/2015 11/30/2015 12/01/2015 12/07/2015 12/17/2015

36 REPLY Individual Answer to Interrrogatories, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 11/06/2015)
37 RESPONSE to 32 AMENDED 27 MOTION filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 11/10/2015)
38 MOTION to Compel Plaintiff's Initial Disclosures and Responses to Request for Production by Waller County, filed. Motion Docket Date 12/2/2015. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Simmons, Larry) (Entered: 11/11/2015)
39 MOTION for Summary Judgment by Elsa Magnus, Oscar Prudente, Waller County, filed. Motion Docket Date 12/2/2015. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Proposed Order)(Simmons, Larry) (Entered: 11/11/2015)
40 NOTICE of Setting. Parties notified. Motion Hearing on Amended Motion to Quash and Motion for Protective Order from Plaintiff's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in Civil Action set for 11/17/2015 at 03:30 PM in Courtroom 8A before Judge David Hittner, filed. (ealexander, 4) (Entered: 11/17/2015)
41 Minute Entry for proceedings held before Judge David Hittner. MOTION HEARING held on 11/17/2015 on Doc. # 32 − Motion to Quash and Motion for Protective Order from Plaintiff's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in Civil Action. Written order to issue. Appearances: Scott Bounds, Michael Gary, Seth Byron Dennis, Benjamin Eliot New, Cannon D Lambert, Sr, Larry R Rogers, Jr., Erin Olgesby(Court Reporter: Kathy Miller), filed.(ealexander, 4) (Entered: 11/18/2015)
43 EXHIBIT K on CD re: 39 MOTION for Summary Judgment by Elsa Magnus, Oscar Prudente, Waller County CD forwarded to Clerk's office fileroom, filed.(smurdock, 4) (Entered: 11/19/2015)
42 ORDER that the Motion to Compel is granted by agreement. The parties have agreed that the City of Prairie View and its police department must disclose to Plaintiff's counsel all materials sought in the subpoena issued on October 22, 2015 and returnable on November 10, 2015. Production of said documents to occur on or before January 4, 2016. (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 11/18/2015)
44 Unopposed MOTION for Extension of Time to Respond to Defendants, Waller County; Elsa Magnus; and Oscar Prudente, Motion for Summary Judgment by Geneva Reed−Veal, filed. Motion Docket Date 12/11/2015. (Attachments: # 1 Proposed Order)(Rogers, Larry) (Entered: 11/20/2015)
45 ORDER granting 44 Motion for Extension of Time. Plaintiff's response to the Motion for Summary Judgment filed by Defendants, Waller County, Elsa Magnus and Oscar Prudente is due January 19, 2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 11/24/2015)
46 RESPONSE to 38 MOTION to Compel Plaintiff's Initial Disclosures and Responses to Request for Production filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 11/30/2015)
47 REPLY to Response to 38 MOTION to Compel Plaintiff's Initial Disclosures and Responses to Request for Production, filed by Waller County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Simmons, Larry) (Entered: 12/01/2015)
48 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Elsa Magnus, Oscar Prudente, Waller County, filed.(Simmons, Larry) (Entered: 12/07/2015)
49 Minute Entry for proceedings held before Judge David Hittner. STATUS CONFERENCE held on 12/17/2015. Written order to issue. Appearances: Seth Byron Dennis, Larry J Simmons, Jr, Benjamin Eliot New, Cannon D Lambert, Sr, Larry R Rogers, Jr, J Thomas Rhodes, III, Erin Olgesby.(Court Reporter: Johnny Sanchez),

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 7 of 13

12/17/2015
12/18/2015 12/21/2015 01/08/2016 01/08/2016 01/12/2016 01/13/2016 01/14/2016
01/15/2016
01/15/2016 01/15/2016 01/19/2016 01/19/2016 01/19/2016

filed.(ealexander, 4) (Entered: 12/18/2015)
50 SCHEDULING ORDER. Jury Trial. Joinder of Parties due by 1/19/2016 Pltf Expert Report due by 7/1/2016. Deft Expert Report due by 8/12/2016. Discovery due by 9/30/2016. Dispositive Motion Filing due by 10/31/2016. Non−Dispositive Motion Filing due by 10/31/2016. Joint Pretrial Order due by 1/17/2017. Jury Selection set for 1/23/2017 at 10:00 AM in Courtroom 8A before Judge David Hittner Jury Trial set for 1/12/2017 at 10:00 AM in Courtroom 8A before Judge David Hittner(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 12/18/2015)
51 ORDER denying at this time 38 Motion to Compel Plaintiff's Initial Disclosures and Responses to Request for Production.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 12/18/2015)
52 ORDER denying 29 Motion to Quash.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 12/21/2015)
53 Opposed MOTION to Stay Brief in Support by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 1/29/2016. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Dennis, Seth) (Entered: 01/08/2016)
54 Opposed MOTION to Quash Subpoena by TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 1/29/2016. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Dennis, Seth) (Entered: 01/08/2016)
55 BRIEF Regarding The Younger Abstention Doctrine and This Court's Authority to Compel The Texas Rangers' Report by Geneva Reed−Veal, filed.(Rhodes, J) (Entered: 01/12/2016)
56 Pltf Supplemental Req. Production by Geneva Reed−Veal, filed.(Lambert, Cannon) (Entered: 01/13/2016)
57 MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMPLY WITH THIS COURTS SUBPOENA THAT WAS RETURNABLE ON OCTOBER 22, 2016 OR IN THE ALTERNATIVE, FOR IN CAMERA INSPECTION by Geneva Reed−Veal, filed. Motion Docket Date 2/4/2016. (Lambert, Cannon) (Entered: 01/14/2016)
58 RESPONSE in Opposition to 57 MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMP, filed by U.S. Attorney. (Longoria, Samuel) (Entered: 01/15/2016)
59 REPLY to Plaintiff's Brief Regarding the Younger Abstention Doctrine and this Court's Authority to Compel the Texas rangers' Report [D.E.55], filed by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY. (Dennis, Seth) (Entered: 01/15/2016)
60 Letter from Robert Brzezinski re: Telephone Status Conference, filed. (ealexander, 4) (Entered: 01/19/2016)
61 Unopposed MOTION for Extension of Time for Joinder of Additional Parties by Geneva Reed−Veal, filed. Motion Docket Date 2/9/2016. (Attachments: # 1 Proposed Order)(Rogers, Larry) Modified on 1/20/2016 (ealexander, 4). (Entered: 01/19/2016)
62 Unopposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES by Geneva Reed−Veal, filed. Motion Docket Date 2/9/2016. (Attachments: # 1 Proposed Order Order)(Rogers, Larry) (Entered: 01/19/2016)
63 Third AMENDED COMPLAINT with Jury Demand against All Defendants filed by Geneva Reed−Veal.(Rogers, Larry) (Entered: 01/19/2016)

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 8 of 13

01/21/2016 01/21/2016 01/21/2016 01/25/2016 01/25/2016 01/26/2016 01/27/2016 01/27/2016
01/27/2016 01/28/2016 01/29/2016 02/02/2016
02/09/2016

64 Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES by Geneva Reed−Veal, filed. Motion Docket Date 2/11/2016. (Attachments: # 1 Proposed Order)(Rogers, Larry) (Entered: 01/21/2016)
65 ORDER mooting 15 Motion to Dismiss; mooting 25 Motion to Dismiss; mooting 26 Motion to Dismiss due to the fact that Plaintiff's prior pleadings have now been superceded by Plaintiff's Third Amended Complaint.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 01/21/2016)
66 ORDER Striking Document re: 62 Unopposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES, 61 Unopposed MOTION for Leave to Appeal in forma pauperis. No statement of conference between all counsel.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 01/21/2016)
67 MOTION to Dismiss Plaintiffs' Third Amended Complaint With Brief In Support by Brian Encinia, filed. Motion Docket Date 2/16/2016. (Dennis, Seth) (Entered: 01/25/2016)
68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar Prudente, Opposed MOTION for Separate Trial( Motion Docket Date 2/16/2016.) by Elsa Magnus, Oscar Prudente, Waller County, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Simmons, Larry) (Entered: 01/25/2016)
69 RESPONSE to 53 Opposed MOTION to Stay Brief in Support filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 01/26/2016)
70 REPLY to Plaintiffs' Response to Defendant, Encinia's, Motion to Stay, filed by Brian Encinia. (Dennis, Seth) (Entered: 01/27/2016)
71 ORDER Setting Hearing on Motion 54 Opposed MOTION to Quash Subpoena, 67 MOTION to Dismiss Plaintiffs' Third Amended Complaint With Brief In Support, 57 MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMP, 53 Opposed MOTION to Stay Brief in Support, 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial, 64 Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES, 17 Opposed MOTION Limit Discovery, 30 Opposed MOTION for Protective Order : Motion Hearing set for 2/18/2016 at 01:30 PM in Courtroom 8A before Judge David Hittner. Parties are to file a response to any and all motions no later than noon on February 11, 2016. Failure to file a response will be considered by the Court as the motion being deemed unopposed.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 01/27/2016)
72 RESPONSE to 64 Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES filed by Elsa Magnus, Oscar Prudente, Waller County. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Simmons, Larry) (Entered: 01/27/2016)
73 RESPONSE to 67 MOTION to Dismiss Plaintiffs' Third Amended Complaint With Brief In Support filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 01/28/2016)
74 RESPONSE to 54 Opposed MOTION to Quash Subpoena filed by Geneva Reed−Veal. (Attachments: # 1 Proposed Order Proposed Order)(Rhodes, J) (Entered: 01/29/2016)
75 Supplemental RESPONSE in Opposition to 57 MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMP, filed by U.S. Attorney. (Longoria, Samuel) (Entered: 02/02/2016)
76 REPLY to 58 Response in Opposition to Motion, , filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 02/09/2016)

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 9 of 13

02/11/2016
02/11/2016 02/11/2016 02/11/2016 02/11/2016 02/11/2016 02/18/2016 02/18/2016
02/22/2016 02/22/2016 02/26/2016
02/29/2016 03/02/2016 03/11/2016 03/17/2016
03/17/2016

77 RESPONSE to 30 Opposed MOTION for Protective Order filed by Geneva Reed−Veal. (Attachments: # 1 Exhibit P's Rsp to County Def's Opposed Motion to Limit Discovery, # 2 Exhibit P's Brief Regarding The Younger Abstention Doctrine, # 3 Exhibit P's Response to Def, TDOPS's MTD, # 4 Exhibit 3rd Amended Complaint at Law and Jury Demand)(Rhodes, J) (Entered: 02/11/2016)
78 REPLY to 64 Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES , filed by Geneva Reed−Veal. (Rogers, Larry) (Entered: 02/11/2016)
79 RESPONSE to 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial filed by Geneva Reed−Veal. (Rogers, Larry) (Entered: 02/11/2016)
80 NOTICE Certificate of Service by Geneva Reed−Veal, filed. (Rogers, Larry) (Entered: 02/11/2016)
81 RESPONSE to 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial filed by Geneva Reed−Veal. (Rogers, Larry) (Entered: 02/11/2016)
82 REPLY to Plaintiffs' Response to his Motion to Dismiss Plaintiffs' Third Amended Complaint with Brief in Support, filed by Brian Encinia. (Dennis, Seth) (Entered: 02/11/2016)
83 REPLY to Response to 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial, filed by Elsa Magnus, Oscar Prudente, Waller County. (Simmons, Larry) (Entered: 02/18/2016)
84 Minute Entry for proceedings held before Judge David Hittner. MOTION HEARING held on 2/18/2016 on pending motions. Written order to issue. Appearances: Seth Byron Dennis, Larry J Simmons, Jr, Cannon D Lambert, Sr, Larry R Rogers, Jr, Samuel G Longoria, Erin Olgelsby.(Court Reporter: Heather Alcazar), filed.(ealexander, 4) (Entered: 02/19/2016)
85 NOTICE of Production of Privacy Act Protected Documents for In Camera Inspection by U.S. Attorney, filed. (Longoria, Samuel) (Entered: 02/22/2016)
86 PROPOSED ORDER Privacy Act, 5 U.S.C. 552a, filed.(Longoria, Samuel) (Entered: 02/22/2016)
87 ANSWER to 63 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Marc Langdon, Randy Lewis, Elsa Magnus, Matthew Mills, Oscar Prudente, Sherry Rochen, Michael Sergis, Dormic Smith, Lanny Thibodeaux, Waller County, Cynthia Whidden, Marianne Williams, Rafael Zuniga, filed.(Simmons, Larry) (Entered: 02/26/2016)
88 REPLY to 87 Answer to Amended Complaint, , filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 02/29/2016)
89 MOTION for Summary Judgment by Marc Langdon, Lanny Thibodeaux, Marianne Williams, filed. Motion Docket Date 3/23/2016. (Attachments: # 1 Exhibit S, # 2 Exhibit T, # 3 Exhibit U, # 4 Proposed Order)(Simmons, Larry) (Entered: 03/02/2016)
90 MOTION for Extension of Time Continue Defendants Marc Langdon, Lanny Thibodeaux, and Marianne Williams' Motion for Summary Judgment by Geneva Reed−Veal, filed. Motion Docket Date 4/1/2016. (Attachments: # 1 Proposed Order)(Rhodes, J) (Entered: 03/11/2016)
91 ORDER that Defendant Brian Encinia may submit a brief on whether the Court should grant a stay under its discretionary powers within 14 days of the date of this Order. Plaintiff and the Waller County defendants may submit a response within 14 days of Encinia's brief.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)
92 ORDER granting in part and denying in part 57 Motion for Order to Show Cause. Plaintiff's Alternative Request for In Camera Inspection is granted. Further the FBI must produce the Rangers Report in accordance with the protective order as outlined in the Court's separate Privacy Act Order.(Signed by Judge David Hittner) Parties

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 10 of 13

03/17/2016 03/17/2016 03/17/2016 03/18/2016 03/22/2016
03/23/2016 03/30/2016 04/01/2016 04/05/2016 04/06/2016 04/13/2016 04/14/2016 04/14/2016 04/14/2016 04/15/2016 04/21/2016
04/29/2016 05/02/2016

notified.(ealexander, 4) (Entered: 03/17/2016)
93 PRIVACY ACT ORDER (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)
94 ORDER denying 68 Motion to Sever; denying without prejudice 68 Motion for Separate Trial.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)
95 ORDER mooting 54 Motion to Quash; mooting 17 Motion to Limit Discovery.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)
96 MOTION for Summary Judgment by Randy Lewis, Sherry Rochen, filed. Motion Docket Date 4/8/2016. (Attachments: # 1 Exhibit V, # 2 Exhibit W, # 3 Proposed Order)(Simmons, Larry) (Entered: 03/18/2016)
97 ORDER granting 90 Motion for Extension of Time. Responses to Defendant Mark Langdon, Lanny Thibodeaux, and Marianne Williams' Motion for Summary Judgment (Doc. # 89) and Defendant Sherry Rochen and Randy Lewis' Motion for Summary Judgment (Doc. # 96) is extended to on or before April 22, 2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/22/2016)
98 MOTION for Discovery by Geneva Reed−Veal, filed. Motion Docket Date 4/13/2016. (Lambert, Cannon) (Entered: 03/23/2016)
99 MOTION to Stay Briefing on Motion to Stay by Brian Encinia, filed. Motion Docket Date 4/20/2016. (Attachments: # 1 Exhibit 1)(Dennis, Seth) (Entered: 03/30/2016)
100 ORDER granting 64 Motion for Extension of Time. The deadline for the joinder of additional parties is extended to May 1, 2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 04/01/2016)
101 Request for Production of Documents( Motion Docket Date 4/26/2016.) by Geneva Reed−Veal, filed. (Lambert, Cannon) Modified on 4/28/2016 (ealexander, 4). (Entered: 04/05/2016)
102 RESPONSE PLF'S RESPONSE TO DEFENDANT, ENCINIA'S BRIEF ON WHETER THIS COURT SHOULD GRANT A STAY UNDER ITS DISCRETIONARY POWERS, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 04/06/2016)
103 MOTION for Extension of Time to respond to def MFSJ by Geneva Reed−Veal, filed. Motion Docket Date 5/4/2016. (Lambert, Cannon) (Entered: 04/13/2016)
104 RESPONSE to 96 MOTION for Summary Judgment , 89 MOTION for Summary Judgment filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 04/14/2016)
105 ORDER granting 103 Motion for Extension of Time Responses to the Motions for Summary Judgment are due by 6/17/2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 04/14/2016)
106 MOTION for Extension of Time to respond to def MFSJ by Geneva Reed−Veal, filed. Motion Docket Date 5/5/2016. (Lambert, Cannon) (Entered: 04/14/2016)
107 Opposed MOTION to Quash Subpoena by TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 5/6/2016. (Attachments: # 1 Proposed Order)(Dennis, Seth) (Entered: 04/15/2016)
108 ORDER granting in part and denying in part 53 Motion to Stay. All discovery must proceed prior to defendant Brian Encinia's deposition during the pendency of Defendant Brian Encinia's criminal case and that Defendant Brian Encinia must update the Court every two months regarding the status of his criminal case.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 04/21/2016)
109 Opposed MOTION Plf. Opposed Motion for leave to Conduct In Excess of ten Depositions by Geneva Reed−Veal, filed. Motion Docket Date 5/20/2016. (Lambert, Cannon) (Entered: 04/29/2016)
110 Unopposed MOTION for Extension of Time to Def. Motion for Summary Judgment by Geneva Reed−Veal, filed. Motion Docket Date 5/23/2016. (Lambert, Cannon)

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 11 of 13

05/02/2016 05/02/2016
05/03/2016 05/03/2016 05/04/2016 05/06/2016 05/11/2016 05/12/2016 05/17/2016 05/18/2016 06/03/2016
06/14/2016 06/16/2016 06/17/2016 06/20/2016
06/30/2016

(Entered: 05/02/2016)
111 RESPONSE to 109 Opposed MOTION Plf. Opposed Motion for leave to Conduct In Excess of ten Depositions filed by Brian Encinia. (Attachments: # 1 Proposed Order)(Dennis, Seth) (Entered: 05/02/2016)
112 RESPONSE to 109 Opposed MOTION Plf. Opposed Motion for leave to Conduct In Excess of ten Depositions filed by Marc Langdon, Randy Lewis, Elsa Magnus, Matthew Mills, Oscar Prudente, Sherry Rochen, Michael Sergis, Dormic Smith, Lanny Thibodeaux, Waller County, Cynthia Whidden, Marianne Williams, Rafael Zuniga. (Attachments: # 1 Proposed Order)(Simmons, Larry) (Entered: 05/02/2016)
113 Opposed RESPONSE in Opposition to 67 MOTION to Dismiss Plaintiffs' Third Amended Complaint With Brief In Support, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 05/03/2016)
114 ORDER granting 110 Motion for Extension of Time. Responses are extended to on or before August 13, 2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 05/06/2016)
115 ORDER granting in part and denying in part 109 Motion for Leave to take in Excess of Ten Depositions. Plaintiff may depose up to 15 witnesses, and that each side will be limited to 35 hours of deposition time for all depositions in this case.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 05/06/2016)
116 REPLY PLF'S REPLY TO DEF. ENCINIA'S, AND COUNTY DEFENDANTS' RESPONSE TO PLTF'S OPPOSED MOTION, PURSUANT TO RULE 30(a)(2), FOR LEAVE TO CONDUCT IN EXCESS OF TEN DEPOSITIONS, filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 05/06/2016)
117 MOTION for Reconsideration by Geneva Reed−Veal, filed. Motion Docket Date 6/1/2016. (Rhodes, J) (Entered: 05/11/2016)
118 ORDER granting 107 Motion to Quash.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 05/12/2016)
119 MOTION for Summary Judgment by Matthew Mills, Michael Sergis, Dormic Smith, Cynthia Whidden, Rafael Zuniga, filed. Motion Docket Date 6/7/2016. (Attachments: # 1 Exhibit X, # 2 Exhibit Y, # 3 Exhibit Z, # 4 Exhibit AA, # 5 Exhibit BB, # 6 Proposed Order)(Simmons, Larry) (Entered: 05/17/2016)
120 Opposed MOTION for Extension of Time to Respond to Def MFSJ by Geneva Reed−Veal, filed. Motion Docket Date 6/8/2016. (Lambert, Cannon) (Entered: 05/18/2016)
121 ORDER granting 117 Motion for Reconsideration. Plaintiff, at a later date and if good cause is shown, may seek leave of this court to conduct more than fifteen depositions so as to allow her the opportunity to complete the depositions essential to her case.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 06/03/2016)
122 ORDER granting 120 Motion for Extension of Time. The responses to the Motions for Summary Judgment (Doc. # 119 and 39) is extended to on or before August 31, 2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 06/15/2016)
123 ADVISORY by Brian Encinia, filed.(Dennis, Seth) (Entered: 06/16/2016)
124 MOTION for Extension of Time to Disclose Plaintiff's Experts by Geneva Reed−Veal, filed. Motion Docket Date 7/8/2016. (Lambert, Cannon) (Entered: 06/17/2016)
125 RESPONSE to 124 MOTION for Extension of Time to Disclose Plaintiff's Experts filed by Marc Langdon, Randy Lewis, Elsa Magnus, Matthew Mills, Oscar Prudente, Sherry Rochen, Michael Sergis, Dormic Smith, Lanny Thibodeaux, Waller County, Cynthia Whidden, Marianne Williams, Rafael Zuniga. (Attachments: # 1 Proposed Order)(Simmons, Larry) (Entered: 06/20/2016)
126 ORDER mooting 30 Motion for Protective Order.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 06/30/2016)

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 12 of 13

06/30/2016
06/30/2016
07/14/2016 07/20/2016 07/28/2016
07/29/2016 08/02/2016 08/03/2016 08/04/2016 08/04/2016 08/10/2016 08/10/2016 08/12/2016
08/12/2016
09/27/2016 09/29/2016

127 ORDER granting 124 Motion for Extension of Time. Plaintiff's expert disclosure is reset to July 31, 2016; Defendant's expert disclosure is reset to August 12, 2016 and the discovery cutoff is extended to October 12, 2016. All other dates in the initial scheduling order will remain the same.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 06/30/2016)
128 AMENDED ORDER that the Opposed Motion for Extension of Time to Disclose Experts is granted in part. Plaintiff's Expert Disclosure is extended to 7/31/16; Defendant's Expert Disclosure is extended to September 12, 2016 and discovery cutoff is extended to October 12, 2016. (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 07/01/2016)
129 ORDER that the Motions for Summary Judgment (Doc. #'s 39, 89, 96 and 119) must be responded to by August 31, 2016 and any replies must be filed by September 6, 2016. (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 07/14/2016)
130 ORDER, Order Referring Case to Mediation. (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 07/20/2016)
131 MOTION for Protective Order by Brian Encinia, Marc Langdon, Randy Lewis, Elsa Magnus, Matthew Mills, Oscar Prudente, Sherry Rochen, Michael Sergis, Dormic Smith, Lanny Thibodeaux, Waller County, Cynthia Whidden, Marianne Williams, Rafael Zuniga, filed. Motion Docket Date 8/18/2016. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Simmons, Larry) (Entered: 07/28/2016)
132 Plf. Expert Designation Disclosure by Geneva Reed−Veal, filed.(Lambert, Cannon) (Entered: 07/29/2016)
133 ORDER that Plaintiff shall respond to the pending Motion for Protective Order by 1:00 p.m. on Friday, August 5, 2016. If Plaintiff fails to respond by that deadline, the Court will deem the motion unopposed. (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/02/2016)
134 MOTION for Leave to File 4th Amended Complaint at Law by Geneva Reed−Veal, filed. Motion Docket Date 8/24/2016. (Lambert, Cannon) (Entered: 08/03/2016)
135 RESPONSE to 131 MOTION for Protective Order filed by Geneva Reed−Veal. (Lambert, Cannon) (Entered: 08/04/2016)
136 NOTICE Exhibit 1 to Plf. Response to Def. Gag order re: 135 Response to Motion by Geneva Reed−Veal, filed. (Lambert, Cannon) (Entered: 08/04/2016)
137 INITIAL DISCLOSURES by Geneva Reed−Veal, filed.(Lambert, Cannon) (Entered: 08/10/2016)
138 Opposed MOTION to Compel Notice of Plf.'s Opposed Motion to Compel Def. To Produce Jail Administrator, Craig Davis, Joe Hester, Glen Smith by Geneva Reed−Veal, filed. Motion Docket Date 8/31/2016. (Lambert, Cannon) (Entered: 08/10/2016)
139 RESPONSE to 134 MOTION for Leave to File 4th Amended Complaint at Law filed by Marc Langdon, Randy Lewis, Elsa Magnus, Matthew Mills, Oscar Prudente, Sherry Rochen, Michael Sergis, Dormic Smith, Lanny Thibodeaux, Waller County, Cynthia Whidden, Marianne Williams, Rafael Zuniga. (Attachments: # 1 Proposed Order order)(Simmons, Larry) (Entered: 08/12/2016)
140 RESPONSE to 138 Opposed MOTION to Compel Notice of Plf.'s Opposed Motion to Compel Def. To Produce Jail Administrator, Craig Davis, Joe Hester, Glen Smith filed by Marc Langdon, Randy Lewis, Elsa Magnus, Matthew Mills, Oscar Prudente, Sherry Rochen, Michael Sergis, Dormic Smith, Lanny Thibodeaux, Waller County, Cynthia Whidden, Marianne Williams, Rafael Zuniga. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order Order)(Simmons, Larry) (Entered: 08/12/2016)
141 Sealed Order, filed. (Entered: 09/27/2016)
142 ORDER holding in abeyance at this time 39 Motion for Summary Judgment; holding in abeyance at this time 67 Motion to Dismiss. If a notice of settlement is not filed with this court prior to the motion cut−off date of October 31, 2016, the moving

Case: 4:15-cv-2232 As of: 01/14/2017 03:14 PM CST 13 of 13

10/31/2016 11/01/2016

parties are to request, in writing, a formal ruling on said pending motions; otherwise they will be deemed moot.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 09/29/2016)
143 Joint PROPOSED ORDER of Dismissal, filed.(Lambert, Cannon) (Entered: 10/31/2016)
144 FINAL JUDGMENT. Case terminated on November 1, 2016(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 11/01/2016)