A routine drive down Interstate 35 in New Braunfels turned into a nearly two-year legal ordeal for Robert Nagel, who is now suing the City of New Braunfels and multiple officers for what he claims was a retaliatory arrest in violation of his constitutional rights. The lawsuit, filed in the U.S. District Court for the Western District of Texas, details a dramatic escalation from a simple traffic stop to an arrest that Nagel’s attorneys argue was driven by anger over his decision to invoke his right to remain silent.

According to the complaint, on March 12, 2023, Officer Tyler D. Palacios of the New Braunfels Police Department initiated a traffic stop on Nagel while he was driving southbound on I-35. Without warning, Palacios allegedly attempted to open the door to Nagel’s vehicle, a move that immediately raised concerns for the driver. When Nagel complied with an order to exit the car, Palacios claimed that his license plate had “no state return,” despite the fact that Nagel had a valid registration, insurance, and inspection.

What should have been a brief roadside check spiraled into an aggressive interrogation. When Nagel attempted to explain that he had owned the vehicle for nearly two decades and had never encountered registration issues before, Palacios dismissed his explanation. When Palacios then began asking additional questions, Nagel chose to invoke his Fifth Amendment right to remain silent. That decision, according to the lawsuit, set off a chain reaction that would ultimately lead to his arrest.

Backup Arrives, but De-Escalation Does Not

Rather than wrapping up the stop after failing to find an immediate reason for an arrest, Palacios called for backup. Officer Beverly B. Fraga arrived next, and rather than de-escalating the situation, she continued to question Nagel, disregarding his clear invocation of the right to remain silent. The lawsuit states that Fraga, frustrated by his refusal to answer, began pressing for personal details, including where he lived, where he was traveling from, and why his vehicle registration might not be appearing in their system.

Nagel maintained that he had no reason to believe his registration was invalid and, once again, informed the officers that he was done answering questions. Fraga, according to the lawsuit, reacted poorly, becoming sarcastic and dismissive. The lawsuit claims that she told Nagel, “I just got here,” as if that justified ignoring his repeated assertions of his rights.

Several minutes later, Sergeant Clint W. Penniman arrived at the scene. As a supervisory officer, Penniman had the authority to clarify the situation and ensure proper protocol was followed. Instead, the lawsuit alleges that he sided entirely with Palacios and Fraga, reinforcing their aggressive stance. When Nagel once again refused to engage in further discussion, Penniman reportedly told him, “He [Palacios] could arrest you right now if he wanted to.” The lawsuit argues that this statement reflected not just a failure in leadership, but an intentional disregard for due process, as the officers had yet to present any evidence of a crime.

A Retaliatory Arrest and Hours in Jail

As the stop dragged on, Palacios allegedly began searching Nagel’s vehicle with a flashlight from outside, despite lacking a warrant or probable cause. When he observed the vehicle’s VIN, it should have been enough to confirm that Nagel’s registration was valid. However, instead of acknowledging that, the lawsuit claims that Palacios decided to pursue an arrest based on the vague and unsubstantiated claim that the car’s registration was “fictitious.”

Then came the moment that would cement the basis of the lawsuit. According to Nagel, as Palacios aggressively placed him against the hood of the patrol car and secured him in handcuffs, he leaned in and made a pointed remark: “You shouldn’t have started with that ‘I want to remain silent’ shit.”

The lawsuit argues that this statement is direct evidence that the arrest was not based on a legitimate traffic violation, but rather a personal vendetta for exercising his constitutional rights. Nagel was taken to the Comal County Jail, where he was booked on charges of displaying a fictitious motor vehicle registration and unlawfully carrying a weapon. He spent 12 hours in custody before posting a total bond of $5,000 and being released.

Nearly Two Years in Legal Limbo

What followed was an unusually long legal battle that, according to Nagel’s attorneys, was intentionally prolonged to prevent him from seeking justice. The Comal County District Attorney’s Office did not move forward with the charges in a timely manner, nor did they dismiss them until almost two full years had passed. On March 12, 2025—exactly two years after the arrest—the charges were dropped through a non-prosecution affidavit.

Nagel’s lawsuit suggests that the delay was not coincidental. Instead, he argues that prosecutors intentionally let the case linger to try and run out the clock on his ability to file a civil rights lawsuit. Under federal law, individuals have a limited window to file claims related to constitutional violations, and Nagel’s legal team acted just before that period expired.

The lawsuit now seeks accountability not only for the officers involved but also for the City of New Braunfels, arguing that the department’s failure to properly train its officers contributed to the constitutional violations.

Who Are the Officers Named in the Lawsuit?

Officer Palacios, who initiated the stop, has been with the New Braunfels Police Department since July 2021. Before that, he worked as a temporary jailer for the Bexar County Sheriff’s Office, a position he held for just over two months. His training history includes courses in highway drug interdiction, canine searches, and crime scene investigations, but the lawsuit questions whether he was adequately trained in constitutional rights.

Officer Fraga, who escalated the interaction, has been with the department since 2019. Her training includes coursework in human trafficking investigations, crisis intervention, and defensive tactics. However, her handling of the situation raises questions about whether her training included respect for constitutional rights and de-escalation techniques.

Sergeant Penniman, the longest-serving of the three, has been with the New Braunfels Police Department for 17 years. As a supervisor, he has undergone leadership and ethics training, making his alleged failure to intervene all the more troubling. His decision to reinforce the arrest, rather than ensure officers were acting within the law, is central to the lawsuit’s claim of a systemic problem within the department.

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