The Hawk’s Eye – Consulting & News, your source for engaging and informative Texas news. Our publication focuses on delivering accurate and impactful stories that matter to you, with a primary emphasis on South Texas, including Hays, Bexar, Nueces, Webb, Cameron, and Hidalgo counties. Stay informed about pressing issues and gain a deeper understanding of your government. With a commitment to transparency and accountability, trust us to provide reliable information that holds those in power accountable.
Warren Jay Smith, a disabled veteran, is suing the City of San Antonio and its police officers for alleged violations of his constitutional rights during a raid on his private club. The lawsuit seeks $2,250,000 in damages for business closure, emotional distress, and medical expenses. It raises questions about law enforcement conduct and accountability.
San Antonio Sued by Disabled Veteran Over Loud Noise
Warren Jay Smith, a 64-year-old retired and 100% disabled veteran, has filed a lawsuit against the City of San Antonio, Texas, along with individual officers of the San Antonio Police Department. The lawsuit alleges violations of constitutional rights under the Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution, as well as under 42 USC § 1983.
San Antonio Police Department Raids Club
The complaint details a series of events including one on March 14, 2020, when 15 police officers from the City of San Antonio Police Department conducted a raid on Mr. Smith’s private club, “Casa De Smitty’s.” It was alleged that 24 bottles of liquor were confiscated, without prior authority from the TABC. The inventory was estimated to be worth approximately $2,500.00 dollars. It was further alleged the police reports did not show the physical evidence ever entered into the evidence log, and the inventory was never returned to Mr. Smith.
The raid stemmed from allegations of loud noise; however, there was a settlement that indicated the business could have up to 85 decibels of noise. During the raid, it was identified the noise level was at 63 decibels. Despite a mediated settlement regarding the permissible noise level, the police officers arrived en masse alleging a noise complaint, which Mr. Smith contested by presenting a decibel level well below the agreed threshold. This incident was one of the frequent raids, which is said to have harassment of patrons, caused numerous citations to issue (most of which were ultimately dismissed), and caused confiscation of liquor without proper authority.
From September 2015 until September 2020, The San Antonio Police Department raided his place of business for over 536 times. They harassed the patrons on a regular basis requesting identification and asking investigative questions There were over 300, 911 calls most of the time from the same person which usually lead ton citations. The San Antonio Police Department took decibel checks and cited Plaintiff with 14 citations which all were dismissed, with the exceptions of one.
Original Complaint, Filed February 2, 2024, Cause 5:24-cv-00127-FB
Claims of Retaliation by the San Antonio Police Department
According to Mr. Smith, the actions of the officers involved were retaliatory in nature, stemming from prior disputes and complaints. The lawsuit also alleges that the City of San Antonio failed to discipline, retrain, or supervise the officers involved, thereby fostering a culture of misconduct within the Police Department. These alleged acts of retaliation and harassment led to the closure of Mr. Smith’s business and caused significant emotional distress, as well as physical injuries resulting in substantial medical expenses.
The lawsuit seeks damages totaling $2,250,000.00 in addition to attorney fees, costs of suit, and any other relief deemed appropriate by the court.
The City of San Antonio has been accused of violating Mr. Smith’s constitutional rights, including unreasonable seizure of his person or property, abuse of process, and denial of due process. The lawsuit also holds individual officers accountable for willful, deliberate, and malicious actions that allegedly disregarded Mr. Smith’s constitutional rights.
The Plaintiff’s complaint highlights the city’s alleged failure to provide necessary medical attention, improper conduct by law enforcement officers, and the economic loss resulting from the closure of the business. Mr. Smith is seeking compensation for medical expenses, physical and mental anguish, lost earnings, and attorney fees.
The lawsuit, which was filed in compliance with the city charter’s notice provisions, brings forward a lengthy list of grievances against the City of San Antonio and the individual officers involved. It alleges that the City of San Antonio was aware of the charges against Mr. Smith being dismissed, which further supports the claim of actual notice of wrongdoing and liability.
As the case unfolds, the Plaintiff seeks judgment against the defendant for actual damages, attorney fees, prejudgment and post-judgment interest, costs of suit, and any other relief deemed appropriate by the court. This lawsuit raises significant questions about the conduct and policies of law enforcement in San Antonio, and the extent to which individuals’ constitutional rights were allegedly violated.
The lawsuit serves as a stark reminder of the need for accountability and adherence to constitutional principles, particularly in law enforcement practices, and sets the stage for a thorough examination of the allegations put forth by Mr. Smith.
Disclaimer
The content provided above is for informational and educational purposes only. The details outlined in the complaint and the allegations against the involved parties are based on the information available at the time of composition. Any actions or decisions taken based on this information should be carefully considered and coupled with professional legal counsel where necessary. The accuracy, completeness, and current nature of the information cannot be guaranteed, and no liability is accepted for any losses or damages incurred as a result of the use of this information. It is advisable to consult with a qualified legal professional regarding specific legal issues and concerns.
A Couple of Our Other Reads
You may be interested in our publishing on two State Board of Pharmacy officers resigning to avoid termination.
Or you may find our publishing about a TABC officer resigning to avoid termination, of interest.
Follow Us on Social Media
If you are interested in staying updated on matters about your government in Texas and other important stories, trust The Hawk’s Eye – Consulting & News to provide reliable information that matters to you. You can follow us on social media platforms such as Facebook, Instagram, X, Reddit, YouTube, Tumblr, and LinkedIn to stay connected and informed.
FACEBOOK: TheHawksEyeNews
INSTAGRAM: Hawk_s_Eye_C_and_N
X: TheHawksEyeNews
REDDIT: TheHawksEyeCN
YOUTUBE: The Hawk’s Eye – Consulting & News
TUMBLR: The Hawk’s Eye – Consulting & News
LINKEDIN: The Hawk’s Eye – Consulting & News