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Case 1:15-cv-00052-RP Document 1 Filed 01/21/15 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
George Trammell,
Plaintiff,
v.
Kevin Fruge, in his individual and official
capacity; Mike Krogmann, in hisindividual
and official capacity; Brian Neveu, in
hisindividual and official capacity; E.F.
Delarosa, in his/her individual and official
capacity; Hunter Webb, in his individual
and official capacity; M. Garza, in his/her
individual and official capacity; Shelby
Ingles, in her individual and official capacity;
City of Round Rock, Texas; and John
Does 1-5;
Defendants.

Case No. 15:1-cv-00052


Original Complaint
JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:


COMES NOW, George Trammell, pursuant to Federal Rule of Civil Procedure 8, and
files this Original Complaint against Defendants Kevin Fruge, in his individual and official
capacity; Mike Krogmann, in hisindividual and official capacity; Brian Neveu, in hisindividual
and official capacity; E.F. Delarosa, in his/her individual and official capacity; Hunter Webb, in
his individual and official capacity; M. Garza, in his/her individual and official capacity; Shelby
Ingles, in her individual and official capacity; City of Round Rock, Texas; and John Does 1-5,
(collectively, Defendants) and allege as follows:
I.

Preliminary Statement

1. This is an action for Constitutional violations suffered by Plaintiff as a result of the


unreasonable search, seizure, and resulting personal injury of Plaintiff Trammell. Plaintiff
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brings this action for compensatory damages under 42 U.S.C. 1983 because Defendants
jointly and severally deprived Plaintiff of his federally-protected right to be free from
unreasonable seizure and unreasonable force. U.S. CONST. amends. IV, XIV.
2. Plaintiff is a 100% disabled United States military veteran and a retired Houston Police
Officer injured in the line of duty.
3. Because of the injuries sustained on that day, Plaintiff lives in degrading health, constant
pain, and has required multiple and ongoing surgeries to correct the problems.
4. As a direct result of the policies, practices, customs and procedures of the City of Round
Rock (City), Trammell was intentionally deprived of his constitutional right to be free from
unreasonable searches and seizures guaranteed to him by the Fourth Amendment to the
United States Constitution. Defendant officers, acting in the course and scope of their
employment with the City of Round Rock, and acting under color of state law, assaulted
Trammell and used overwhelmingly unreasonable force on a 60-year-old disabled man under
circumstances where no reasonable police officer would have done so. Under well-established
law, Defendant Officers are not entitled to qualified or other immunity for these actions.
5. Plaintiff complies with the pleading requirements of FRCP Rule 8(a)(2) and the requirements
of Ashcroft v. Iqbal, 556 U.S. 129 S.Ct. 1937, 1949 (2009) that A claim has facial
plausibility when the plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.
II. Jurisdiction and Venue
6. This action is brought pursuant to 42 U.S.C. 1983 and 1988 and the Fourth Amendment
to the United States Constitution, made applicable to Defendants through the Fourteenth
Amendment to the United States Constitution. This court has jurisdiction over Plaintiffs

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claims under 28 U.S.C. 1331 (federal question) and under 28 U.S.C. 1343(a)(3) (civil
rights).
7. Venue is proper in the Western District of Texas under 28 U.S.C. 1391. All of the events
giving rise to this claim occurred in this judicial district and within the Austin Division.
III. Parties
8. Plaintiff George Trammell, a 100% disabled veteran and retired City of Houston Police
Officer injured in the line of duty, is a Texas resident and lives in Jarrell, Texas.
9. The following Defendant Officers will be extended the opportunity to accept service of
process pursuant to FRCP 4(d). If these Defendants fail or refuse to accept service as
requested, then Plaintiff will request service of process to be served upon each Officer
pursuant to FRCP 4(e) at their respective places of business: Round Rock Police Department,
2701 N. Mays Street, Round Rock, Texas 78665.
a. Defendant Kevin Fruge is a police officer with the City of Round Rock, Texas.
The acts and omissions complained of herein arise from the conduct of Defendant
Fruge while he was acting under color of state law, and each act and omission was
committed pursuant to Officer Fruges employment and authority as a police
officer with the City of Round Rock.
b. Defendant Mike Krogmann is a police officer with the City of Round Rock,
Texas. The acts and omissions complained of herein arise from the conduct of
Defendant Krogmann while he was acting under color of state law, and each act
and omission was committed pursuant to Officer Krogmanns employment and
authority as a police officer with the City of Round Rock.
c.

Defendant Brian Neveu is a police officer with the City of Round Rock, Texas,
and may be served with summons at the place of his/her employment, City of
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Round Rock Police Department, 2701 North Mays Street, Round Rock, TX
78665. The acts and omissions complained of herein arise from the conduct of
Defendant Neveu while he was acting under color of state law, and each act and
omission was committed pursuant to Officer Neveus employment and authority
as a police officer with the City of Round Rock.
d. Defendant E.F. Delarosa is a police officer with the City of Round Rock, Texas,
and may be served with summons at the place of his/her employment, City of
Round Rock Police Department, 2701 North Mays Street, Round Rock, TX
78665. The acts and omissions complained of herein arise from the conduct of
Defendant Delarosa while he was acting under color of state law, and each act
and omission was committed pursuant to Officer Delarosas employment and
authority as a police officer with the City of Round Rock.
e. Defendant Hunter Webb is a police officer with the City of Round Rock, Texas.
The acts and omissions complained of herein arise from the conduct of Defendant
Webb while he was acting under color of state law, and each act and omission was
committed pursuant to Officer Webbs employment and authority as a police
officer with the City of Round Rock.
f. Defendant M. Garza is a police officer with the City of Round Rock, Texas. The
acts and omissions complained of herein arise from the conduct of Defendant
Garza while he was acting under color of state law, and each act and omission was
committed pursuant to Officer Garzas employment and authority as a police
officer with the City of Round Rock.
g. Defendant Shelby Ingles is a police officer with the City of Round Rock, Texas.
The acts and omissions complained of herein arise from the conduct of Defendant
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Ingles while he was acting under color of state law, and each act and omission was
committed pursuant to Officer Ingles employment and authority as a police
officer with the City of Round Rock.
10. Defendant City of Round Rock, Texas is a municipal corporation operating pursuant to the
Constitution and the laws of the State of Texas within the boundaries of the Austin Division
of the Western District of Texas. This Defendant will be extended the opportunity to accept
service of process pursuant to FRCP 4(d). If this Defendant fails or refuses to accept service as
requested, then Plaintiff will request service of process pursuant to FRCP 4(j) upon the City
Manager of Round Rock, Texas, Mr. Steve Norwood at his business address: City Manager
221 E. Main Street, Round Rock, Texas 78664.
11. John Does 1-5 are officer within the Round Rock Police Department yet unidentified but
who may have been involved in the arrest. They will be served upon proper identification.
III. Statement of Facts
12. On January 21, 2013, at approximately 12:00 am, George Trammell was standing near his
bright metallic-red in the parking lot of Time Warner Cable at 1905 North May Street,
Round Rock, Texas 78664.
13. The weather was clear, cold, and dry at night. Mr. Trammell was accompanied by a witness
to this incident, Chasity Pierce.
14. Officer Fruge approached Trammell, and said, Hey, sir, step away from the motorcycle.
The motorcycle clearly displayed Disabled Veteran plates.
15. Trammell, who has hearing difficulties, did not immediately respond.
16. Fruge again asked Trammell to step away from his motorcycle, and Trammell, hearing him
speak, asked, What? in a calm, non-aggressive tone.
17. Fruge forcefully stated Step away from the motorcycle!, and Trammell replied Okay.
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18. Fruge then asked Trammell Whats goin on? twice in quick succession. Trammell replied
Nothing. I parked my bike.
19. You parked it? asked Fruge. Trammel replied, Yeah. Despite the full lights from Fruges
police cruiser shining on the situation, Fruge having a flashlight illuminating the area, and
there being no visible physical damage to the motorcycle, Fruge asked Did you wreck it?
Trammell replied No. I didnt wreck my bike.
20. Fruge asked, Let me ask you a question, sir. How much have you had to drink to night?
21. Trammell replied, A whole lot of nothin.
22. Fruge asked, A whole lot of nothing? How much is that?
23. Trammell replied, A whole lot of nothin.
24. Fruge repeated How much is that, sir?
25. At that time, having a federally-protected constitutional right not to answer, being a retired
City of Houston Police Officer, and not been informed of the reason for Fruges questions
(which had no basis of any fact related to Trammell), Trammell exercised his federallyprotected constitutional right and responded by saying Im not going to answer.
26. Fruge asked Huh? and Trammell again, having a federally-protected constitutional right
not to answer, being a retired City of Houston Police Officer, and not been informed of the
reason for Fruges questions (which had no basis of any fact related to Trammell), Trammell
exercised his federally-protected constitutional right and responded by saying Im not going
to answer.
27. Fruge asked Well, can you walk towards me? Trammel declined and said No.
28. Fruge then commanded him to place his hands behind his back. I'm not answering your
questions. Trammell stated.

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29. Trammell was always courteous in his speech, did not pose a threat, and none of the officers
were afraid of his flight of any violence.
30. Fruge immediately grabbed Trammells fused right arm.
31. Without at all speaking to Trammell, without alerting Trammell to any potential
consequence of escalation, without any indicia of Trammell being a danger, without any
emergency evidence, without provocation, and without hesitation, Fruge and three other City
of Round Rock police officers then aggressively tackled and assaulted Trammell, a 59-yearold man, while several others watched and did nothing to de-escalate their fellow officer's
unwarranted assault.
32. Trammell was very aggressively knocked forward to the ground via a free-fall, where his
hands were prohibited from protecting him as he was trying naturally to break his fall. A
copy of Trammells injuries to his face is provided as Exhibit 1 (booking picture showing
Trammells facial injuries.).
33. After landing on his face, four (4) police officers placed their knees in his back, began driving
their knees and fists into him, and severely beat him during their unlawful restraint.
34. As the officers attempted to place handcuffs on Trammell, in severe pain from his facial
injury, the officers on his back, and the pain from his fused arm being forcefully bent behind
his back, repeatedly cried out, My right arm is fused. I cant bend it! Trammell cried out
multiple times, I'm not resisting. My arm is fused. Trammell's companion and an eye
witness, Chasity Johnson, who was standing off to the side of this encounter the entire time
and who knows of his physical condition, repeatedly told the officers, Stop beating him!
that His arm is fused!, and that Trammell couldn't bend it. This assault is wholly contained
on video obtained from the City.

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35. The pile of officer remained on him for several minutes, causing Trammell to lose control of
his bladder due to the pressure.
36. The officers who were not personally involved in using excessive force against Trammell
failed to intervene in preventing the unconstitutional use of excessive force.
37. As a result of this aggressive assault, Trammell suffered multiple injuries from which he is still
suffering. When Trammell was taken to the Williamson County Jail (from which the booking
picture is attached as Exhibit 1), the medic on duty looked over his medical condition and
determined that he needed to stay in a cell and not be in general population due to his
injuries.
38. Prior to and during this attack Trammell was never told he was being arrested nor was given
any type of sobriety exam; however, the next day upon his release, he found that he had been
ticketed for public intoxication and resisting arrest.
39. After Trammell posted a bond the next morning, he immediately sought medical attention at
Temple Veterans Hospital, as he is a 100% disabled veteran.
40. Many doctors visits have been made treating multiple injuries in connection with, at in part
determined to be a direct result of the assault mentioned above, including back surgery from
spine injury. All such injuries were proximately caused by the actions of Defendant officers
and the Citys failures.
41. Two unidentified persons from a task force were at the scene who photographed
Trammell. To date those persons have not been identified. Those persons asked Trammell if
he was a member of an organized motorcycle gang, and when he denied such involvement
Trammell was accused of lying.
42. None of those identities appear to have been reported in any documents reviewed by
Plaintiff.
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43. By the filing and forwarding of a copy of this Complaint to Attorneys for the City of Round
Rock, Texas, Plaintiff requests and demands that all Defendants in this case retain, preserve,
and protect from loss, damage, discard, or destruction all physical, written or electronic items
that are, or may be, evidence of the incidents above described, which may form the basis of
this Complaint including, but not limited to video, recorded statements, photographs, emails, text messages, and personal or official notes made by any of the Officers or employees
of the City.
IV. Claims
Civil Rights Claims pursuant to freedoms promised under the
Fourth and Fourteenth Amendments to the United States Constitution
44. The Civil Right Act, codified as 42 U.S.C. 1983, provides in relevant part as follows:
Every person who, under color of any statute, ordinance, regulation, custom, or
usage, of any State or Territory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for redress . . . .
42 U.S.C. 1983.
45. Plaintiff enjoys a right under the Fourth Amendment to the United States Constitution to be
free from unreasonable searches and seizures.
46. Plaintiff alleges that Defendants, jointly and/or severally, deprived Plaintiff of his Fourth
Amendment rights, and those rights, privileges, and immunities secured by this amendment
as incorporated and applied to the states through the Fourteenth Amendment.
Liability of Defendant Officers under 42 U.S.C. 1983
for unlawful seizure and excessive force.
47. Defendant Officers violated Plaintiffs rights in the following ways:

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a. By using excessive force in the course of Fruges (and the other officers) attempt to
seize the Trammell, in violation of the Fourth Amendment and its reasonableness
standard.
b. By at least four (4) officers jumping onto Trammell, he accelerated toward the
ground and was unable to break his fall, landing face-first on a rough, paved
surface. The injuries to his body were preventable.
c. Without at all speaking to Trammell, without alerting Trammell to any potential
consequence of escalation, without any indicia of Trammell being a danger,
without any emergency evidence, without provocation, and without hesitation, the
officers actions were patently unreasonable.
d. The officers used excessive and unreasonable force that resulted directly in the
immediate and long-term injuries to Plaintiff.
e. By failing to provide proper supervision and/or proper training to prevent such
incidents of excessive force.
48. Defendants violations of Trammells constitutional rights resulted in Trammells suffering
and were a direct cause of his injuries, emotional and mental anguish, and humiliation.
Liability of Defendant City under 42 U.S.C. 1983.
49. Plaintiff brings claims against all Defendant City of Round Rock.
50. The City is liable under 42 U.S.C. 1983 for failing to supervise and train its police officers.
The Citys failure to supervise and train its police officers, as evidenced in part by the officers,
en masse, tackling and assaulting Trammell, demonstrates an intentional disregard and
conscious indifference to Trammells civil rights.
51. The Citys failure to supervise and train its police officers to properly supervise, as evidenced
in part by the officers who were not involved standing to the side and not interfering to
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protect Trammells constitutional rights, demonstrates an intentional disregard and conscious


indifference to Trammells civil rights. , individually as well as in their official capacities.
52. Defendant Citys violations of Trammells constitutional rights resulted in Trammells
suffering and were a direct cause of his injuries.
V. Jury Demand
53. A jury is hereby demanded.
VI. Duty to Disclose
54. All Defendants have the duty, pursuant to the provisions of FRCP 26, to make a full
disclosure of all those matters set out in the Rule, specifically including the identity and
names of all police individuals, club employees, and other fact witnesses involved in this
incident.
VII. Damages
55. Defendants acts and omissions, as set out above, are proximate causes of Trammells injuries
and damages. These damages are in excess of the minimal jurisdictional limits of this Court
and are in excess of one million dollars. Medical care and treatment, alone, was in excess of
several hundred thousand dollars, in addition to the other elements of damage provided by
the law such as physical impairment, mental anguish, and the other elements of damages
recognized by our law.
VIII. Attorneys Fees
56. Plaintiff has been required to retain the services of attorneys to represent him in this
proceeding and cause of action. Plaintiff has retained the undersigned attorney to represent
him, and pursuant to 42 U.S.C. 1988(b) of the Federal Civil Rights Act, he is entitled to
recover his reasonable and necessary fees incurred for this attorney, and the reasonable and
necessary expenses incurred in the pursuit of this claim at the trial level, the Court of Appeals
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level if the case is appealed to that Court, and in the Supreme Court of the United States, if
necessary.
Prayer for Relief
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that:
1. Plaintiffs ask for judgment against Defendants and prays for:
a. trial by jury on all issues triable to a jury;
b. judgment against Defendants, jointly and severally, on behalf of the Plaintiff for actual
damages pursuant to 42 U.S.C. 1983;
c. statutory and reasonable attorney fees pursuant to 42 U.S.C. 1988(b) of the Federal
Civil Rights Act, pre-judgment interest, post-judgment interest, and all of his costs
herein expended;
d. judgment against the Defendants in favor of the Plaintiff for actual damages; and
e. any and all additional relief to which the Plaintiff may appear to be entitled.
Filed, this 21st day of January, 2015.
Respectfully submitted,
CASEY LAW OFFICE, P.C.
/s/ Stephen Casey
Stephen Casey
Texas Bar No. 24065015
Casey Law Office, P.C.
595 Round Rock West Drive
Round Rock, Texas 78681
Telephone: 512-257-1324
Fax: 512-853-4098
stephen@caseylawoffice.us
Attorney for Plaintiff

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