This is very close to what I would do. I would add one specific factor that is not mentioned. I would NOT sue the city over this. The city has money and would probably settle.Jungle Work wrote:Mojo,
If I was the young man, I wouldn't file a complaint with the Police or the City.
I'd have my attorney file a Law Suit with the Federal District Court in the District San Antonio is in. I'd be contacting someone like Mr. Cotton.
I'd also make a Civil Rights complaint to the FBI.
If you want change, I would sue the officers themselves, as individuals and not as police officers. I would also file federal criminal civil rights charges against them. It is only when officers are held responsible for their actions that we will see officers changing their behavior. Suing them as individuals makes it much harder for the city to defend them and the settlement comes out of their pocket. You won't get much, but the officer will never do this again, and will communicate that to many other officers.
Remember that it is only a civil rights violation if it is clear and settled law. I believe that the preemption law has been tested in appeals already, making it settled law. Officers can be held responsible for obeying it after that. And, having been a member of that department, I know for a fact that the preemption laws were covered in training back in the mid-90s. I don't know if they have been covered for the newer officers. If not, you can later sue the city for failure to train, or they can.