TRUE DEMOCRACY SPRING 2001 TABLE OF CONTENTS
POLICE BRUTALITY
Texas Police Brutality
Part 7
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13. In conjunction with the filing of their lawsuit, Defendants Brockman,
Cotter and East obtained a legally invalid and unconstitutional court
order. (See Exhibit "1" attached hereto.) They were able to obtain
Exhibit "1" because Exhibit "1" was presented to a corrupt judge who
routinely violates the Texas Family Code and the United States
Constitution. Even if some basis existed for Defendants Cotter, Brockman
and East to believe that Matthew Bennett was improperly cared for, it was
not reasonable or prudent for them to request immediate removal of the
Plaintiff Matthew Bennett from the care of Brenda Bennett, nor was it
reasonable or necessary for them to insist that Matthew Bennett be
arrested and/or incarcerated, and then examined by a physician who was
unfamiliar with his medical history. The most reasonable and prudent
action would have been for them to obtain Matthew Bennett's medical
records from Children Medical Hospital and/or request one or more of the
physicians at Children's Medical Hospital that were knowledgeable of
Matthew Bennett's medical condition to explain his medical problems to
them. At no time did any Defendant have either probable cause to believe
or any personal knowledge that Matthew Bennett was in any sort of
immediate or imminent danger or that the care provided by Brenda Bennett
to Matthew Bennett threatened Matthew Bennett's health or safety.
14. Brockman, Cotter and East knew that they had not complied with Texas
Family Code Art. 261.101 and they knew that they had no probable cause to
act and that they had not presented the issuing magistrate with any
factual basis justifying the issuance of Exhibit "1". Brockman, Cotter
and East presented Exhibit "1" to Defendants Thomason and Vegas on March
26, 1997. Brockman, Cotter and/or East falsely represented that Exhibit
"1" authorized Thomason, Vegas, Brockman, Cotter and/or East to forcibly
enter the Plaintiff's home and seize and remove Plaintiff Matthew Bennett
from his home and forcibly take him to a physician of their choosing to
be examined. (This decision was dangerous and life threatening to Matthew
Bennett because a routine medical examination without a thorough review
and knowledge of the Plaintiff's medical condition contained in the
records from Children's Medical Hospital in Dallas would very likely
cause a physician conducting a routine medical examination of Matthew
Bennett to reach dangerously false and incorrect medical decisions
regarding Matthew Bennett.) Exhibit "1" could not be used as a lawful
basis to enter the Plaintiff's home because the Plaintiff's home is not
described anywhere in Exhibit "1" and the Fourth Amendment requires a
particularized description of the place to be searched.
15. On March 26, 1997 all of the Defendants jointly conducted an illegal
and unconstitutional forced entry into the Plaintiff's home. This
occurred without announcing either purpose or authority by any of the
Defendants. The Defendants then, under threat of force of arms, illegally
seized and removed Matthew Bennett from his home. All of these acts
violated the Fourth Amendment to the United States Constitution. No valid
warrant or valid court order existed that authorized any of the
aforementioned acts. Shortly after their seizure, the Defendants returned
Matthew Bennett to the Plaintiff's home.
16. On or about March 27, 1997 Defendants Brockman and Vegas returned to the Plaintiff's home and without court order authorizing either a search
or an arrest, invaded the Plaintiff's home for a second time and seized
Matthew Bennett and then caused Matthew Bennett to be incarcerated in a
mental hospital in Greenville, Texas. Plaintiff Brenda Bennett attempted
to show all of the Defendants copies of Matthew Bennett's medical
records. These records demonstrated that he was a physically sick child
that was being properly cared for by his mother. These Defendants refused
to examine these medical records. Defendants Brockman, Cotter and East
did not inform the mental hospital in Greenville, Texas of Matthew
Bennett's medical history and medical problems. Because of this failure,
Matthew Bennett was denied the correct, necessary and proper medical care
and treatment and his life was needlessly placed in jeopardy as a direct
result of their reckless and/or intentional conduct. As a result of the
Defendants' acts, Plaintiff Matthew Bennett was removed from all
necessary medications. This caused Matthew Bennett to suffer needless
pain and suffering and needlessly placed in him jeopardy.
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