The City of Kyle was named in a new Federal Civil Rights Lawsuit on March 8, 2021. The Lawsuit claims violations of 42 USC 1983. In the suit it highlights concerns of the City of Kyle not taking citizens complaints which lead to the actions in questions.
Specifically, it was noted in a previous lawsuit that the City of Kyle’s Police Chief has policies and customs to abuse his authority to target individuals.
In the previous lawsuit, it was stated Jeffrey B Barnett ordered arrests of multiple people. It was also claimed he conducted a traffic stop of an underage female and acquired her phone number.
The lawsuit goes on to address the parents attempt to make complaint on Mr. Barnett and how it went unanswered by his previous employer. The lawsuit also details an attempt by Mr. Barnett to have a private relationship with his last Mayor’s wife.
All this information is public record and filed within two Federal Civil Cases.
The first case, is the main filing at the District Court level: 4:13-CV-00757, in the Eastern District of Texas, Sherman Division.
The second case, is the appeal from the District Court and made to the United States Court of Appeals, 5th Circuit: 16-40399
The case filed by Glen Hurlston, was dismissed due to a failure to consider other grounds besides Heck v. Humphrey (Heck Bar).
In May of 2020, Jeffrey B Barnett struck again.
This time, arresting a citizen for blogging and because the citizen wanted to make a complaint on him.
Mr. Barnett, violating his own General Orders, Policies and Procedures, Municipal Ordinances; as well as Federal and State Law, ordered the citizens arrest.
The matter became even more complicated when false statements were made by the Ethics Compliance Officer, related to an Ethics Complaint made by the citizen.
Those statements and due process violations were caught on video.
Even more compelling was Mr. Barnett’s signed and notarized statement admitting to using his office for personal reasons.
In this case, the argument being made is consistent with a 2018 United States Supreme Court Denison Number 17-21, FANE LOZMAN, PETITIONER v. CITY OF RIVIERA BEACH, FLORIDA.
Essentially, Mr. Barnett and the City of Kyle worked together to plan the arrest of the citizen for the citizens attempts to redress grievance the government about his concerns.
When the citizen began blogging about his concerns, Mr. Barnett executed the established plan.
Under the theory, the case outcome of the arrest does not apply. The theory presented does not review probable cause.
It should be noted, the case was referred, by recusal of the Hays County District Attorney’s Office, to the Travis County Attorney’s Office to determine if any probable cause exists for anyone involved.
Not just the arrested citizen.
The highlights of the new lawsuit can be found HERE.