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Local Hays County Attorney Amends Complaint on Suspected Jailer Abuse
On May 17, 2023, local attorney Scott Ogle modified his complaint filed in the US District Court, Western District of Texas, Austin Division. The case was given cause 1:22-cv-00068.
We previously published on this civil rights lawsuit. The short nine page complaint identifies the issues raised by Mr. Ogle:
OnJune 21, 2021, Plaintiff Scott Ogle was arrested by police officers employed by the Hays County Sheriff’s Office for the Class C Misdemeanor offense of assault by contact. That arrest conducted by Roland Vargas-Trevino, John Simpkins, Anthony Schafer, Adam McLeod and other unnamed officials was effected without benefit of probable cause.
Pursuant to that unlawful arrest, Plaintiff Scott Ogle was transported-to the Hays County Jail. While imprisoned at said jail, Plaintiff Scott Ogle was subjected to a mass group attack by employees and / or officers with the Hays County Sheriff’s Office, whereupon approximately six employees, including but not limited to E. Rosales, A. Soria, B. Thomas, and 0. Romero, gang tackled Plaintiff Scott Ogle without cause or justification, pinning him painfully to the concrete floor while painfully twisting his arm and shoulder behind his back, before handcuffing and shackling him painfully into a chair, placing a hood over his head, and then leaving him so shackled, hooded, handcuffed and immobilized into that punishment chair, and later placing him in a solitary confinement cell for nearly 24 hours without relief. Such actions constitute an abuse of authority which shocks the conscience and is unacceptable in a civilized society.
The Class C Misdemeanor offense of assault by contact which ostensibly was the cause of Plaintiff Scott Ogle’ s arrest and imprisonment was ultimately dismissed in Plaintiff’s favor.First Amended Complaint and Demand for Jury Trial, Document 21, Filed on May 17, 2023, by Scott Ogle
Local Attorney’s Complaint Lists Hays County District Attorney’s Office
Now Mr. Ogle has included the Hays County District Attorney’s Office into his complaint as a defendant. Previously, the allegation of malicious prosecution was listed, but it was not linked to the prosecutors office.
In this cause he claims the District Attorney’s Office worked individually or in conjunction with other government officials to see he was prosecuted for an allegation which didn’t have probable cause.
He cited the proceedings ended in his favor and he is innocent of the alleged attempt to prosecute him for a Class C misdemeanor assault. He further claims the actions were committed with malice.
Local Attorney’s Complaint Identified Jailer Conduct as Customary
Mr. Ogle goes into concerns he was exposed to excessive force while in the custody of the Hays County Sheriff’s Office. He states others could have intervened and did not.
On information and belief, defendant Hays County and its officials, including Gary Cutler, as a matter of custom and policy, acted with deliberate, conscious disregard and callous indifference to citizens’ right to be free from the use of excessive force, authorized, tolerated, and institutionalized the practices and ratified the legal misconduct described herein, proximately causing Plaintiff the deprivation of those federal rights, as described in the preceding paragraph, resulting in the injury he suffered. Such actions constitute an abuse of authority which shocks the conscience and is unacceptable in a civilized society.First Amended Complaint and Demand for Jury Trial, Document 21, Filed on May 17, 2023, by Scott Ogle
Hays County Responds to the Local Attorney’s Claims
On May 30, 2023, the Hays County Government through its legal counsel responded to Mr. Ogle’s complaint.
The response argues denial of liability to the claims made, no relief can be granted, immunity applies, and the actions subjected were because of Mr. Ogles decisions.
The response also states the case of Class C Misdemeanor Assault was dismissed at the complaining witnesses request.
The response goes into the arrest and restraint of Mr. Ogle. The government agency admitted the arrest and restraint did occur; however, it claims the actions of restraint were caused due to Mr. Ogle’s actions.
A Couple of Our Other Reads
You may be interested in reading about the City of Kyle and its confirmed violation of the Texas Public Information Act.
Or you may find our publishing on our opinion of the jail overcrowding in Hays County.
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Categories: The Lone Star Review - State