2017 - 05 - 08 DKT 22 DART Expert Disclosure
2017 - 05 - 08 DKT 22 DART Expert Disclosure
2017 - 05 - 08 DKT 22 DART Expert Disclosure
AVI S. ADELMAN
Plaintiff,
v. Civil Action No. 3:16-cv-2579
DALLAS AREA RAPID TRANSIT,
and STEPHANIE BRANCH, individually
and in her official capacity as a Dallas
Area Rapid Transit Police Officer
Defendants.
COME NOW DALLAS AREA RAPID TRANSIT (DART) and makes these expert
disclosures in accordance with the Courts Scheduling Order, FRCP and the Local Rules.
1. The following person have been retained or specifically employed to present expert
Mr. Albert Ortizs testimony will be on Officer Branchs TCOLE licensing and
certifications. Mr. Ortiz will also testify regarding DART and the DART Police Departments
policy and practice in reference to the investigation and arrest of criminal offenses, arguable
probable cause, goof faith belief of arguable probable cause or reasonably mistaken with the
existence of probable cause, arrest procedures, law enforcement training and how officers in the
same or similar circumstances as Officer Stephanie Branch could have reasonably acted and
responded to the circumstances involving Adelman. Mr. Ortizs report, fee summary, CV and
experience are attached at Exhibit 1.
2. DART hereby designates the following persons who may provide expert testimony.
DART Police Chief, James Spiller will testify that he is familiar with all the DART
police general orders of the police department, the DART passenger code of conduct,
arrest procedures, the departments photography policy, criminal trespass incidents or
offenses and that the DART Police Department policies were enacted to ensure all persons
in police custody are treated fairly and their constitutional rights are protected. Chief
Spiller will testify the DART Police Department has no patterns, customs, practices, or
procedures that condone or encourage the violation of any individuals clearly established
constitutional right or illegal seizures of persons. Chief Spiller will testify all DART
police officers are TCOLE certified and have met the minimum basic training
requirements for a Basic Peace Officer Certification. Chief Spiller will testify he has the
authority to request the DART Police Office of Professional Standards to complete an
investigation of any alleged DART police officer misconduct. Chief Spiller will also
testify that he has the final review and discretion to discipline any DART police officer
who has been found to have violated or misapplied police policies, general orders, rule,
regulation or law. Chief Spiller will also testify he has the discretion to review any arrest
and determine whether it was consistent with DART police policies and directives and
based on the totality of circumstances whether to prosecute or dismiss a case. DART has
provided the Plaintiff with a copy of the Internal Affairs report pertaining to Stephanie
Branch and applicable general orders.
Mr. Gamez and Mr. McKeever represent Dallas Area Rapid Transit in this matter. They
will provide expert testimony as to the reasonable and necessary attorneys fees incurred by
DART. To the extent such testimony is required, their opinion is that the attorneys fees and
expenses incurred by DART in providing legal services against Plaintiffs claims in this litigation
are reasonable and necessary. Such fees and expenses currently exceed $15,000.00 and continue
to accrue. Mr. Gamez and Mr. McKeever will supplement their opinion after trial or judgment
pursuant to Federal Rule of Civil Procedure 54.
Mr. Gamezs and Mr. McKeevers will be based on their education, background, training,
and knowledge as attorneys; their familiarity with reasonable and customary charges for legal
services in Texas; and will testify on how the lodestar method was used to determine reasonable
and necessary attorney fees for the defense of this lawsuit.
Ms. Bishkin represents Officer Stephanie Branch in this matter. She may provide expert
testimony as to the reasonable and necessary attorneys fees incurred in representing Officer
Stephanie Branch. To the extent such testimony is required, her opinion is that the attorneys fees
and expenses incurred in defending Officer Branch are reasonable and necessary. Such fees and
expenses currently exceed $18,000.00 and continue to accrue. Ms. Bishkin will supplement her
opinion after trial or judgment pursuant to Federal Rule of Civil Procedure 54.
Ms. Bishkins testimony will be based on her education, background, training, and
knowledge as attorney; her familiarity with reasonable and customary charges for legal services in
in the Dallas area; and may testify on how the lodestar method was used to determine reasonable
and necessary attorney fees for the defense of Officer S. Branch in this lawsuit.
Respectfully submitted,
CERTIFICATE OF SERVICE
This is to certify that on May 8, 2017, a copy of this document was served via the Courts
ECF filing system or by facsimile upon Plaintiffs Counsel: Tyler J. Bexley, Reese, Gordon,
Marketos, LLP, 750 N. Saint Paul Street, Suite 610, Dallas, Texas 75201-3202. Fax: 214-501-
0731, [email protected] and Jane Bishkin, Law Offices of Jane Bishkin, 10000 N.
Central Expressway, Ste. 400, Dallas, Tx. 75231, [email protected].
DART001702 EXHIBIT 1
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DART001703 EXHIBIT 1
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DART001704 EXHIBIT 1
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DART001705 EXHIBIT 1
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DART001706 EXHIBIT 1
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Albert Ortiz Consulting
3926 River Falls
San Antonio, Texas 78259
EMPLOYMENT:
2006-Present Albert Ortiz Consulting
Consulting and Expert Witness Services in Premise Liability and Police Liability/Employment
Issues
2002-2006 Chief of Police, San Antonio Police Department
Responsible for the administration of 250+ million dollar budget and management of
2700 employees
2000-2002 Assistant Chief of Police, Administration Bureau Commander
Supervise two deputy chiefs and two captains
Responsible for a 237 million dollar budget
Direct the Resource Management Division which includes: Accounting and Personnel
Unit; Research and Planning Unit; Crime Analysis Unit Management Accountability
Program (MAP); Training Academy; and Recruiting Detail
Manage the Professional Standards Section which includes: Internal Affairs Unit;
Accreditation Detail; and Staff Inspection Detail
Oversee the Support Services Division which includes: Community Services Section;
Communications Unit; Records Unit; Victims Advocacy Section; Psychological Services;
Vehicle Storage Unit; and Property and Evidence Room Detail
1999-2000 Deputy Chief, Chief of Staff
Managed the day-to-day operations of the department
Coordinated all police operations
Supervised all personnel reporting to the Chief of Police
1994-1999 Deputy Chief, Criminal Investigations Division Commander
Supervised three captains
Directed all Major Crime Investigations including: Homicide; Sex Crimes; Robbery;
Forgery; Narcotics; Vice; Traffic Investigations; Night Criminal Investigations Unit;
Vehicle Crimes; Repeat Offenders Program; Evidence Unit; and Youth Crimes
Administered a 30.9 million dollar budget
1994-1994 Captain, Property Crimes Commander
Supervised three Lieutenants
Directed the Burglary Unit; Theft Unit; Forgery Detail; and Auto Theft Unit
1992-1994 Lieutenant, Intelligence Unit Commander
Supervised one sergeant
Planned and directed Organized Crime Investigations
Directed Criminal investigations of Public Officials and Police Officers
Coordinated dignitary protection plans with various federal agencies for visiting heads of
state
1987-1992 Lieutenant, Homicide Unit Commander
Supervised three sergeants
Directed the investigations of the Homicide Detail; the Sex Crimes Detail; Aggravated
Assaults and Assaults Detail
Created and Commanded the Officer Involved Shooting Team which investigated all
shootings involving SAPD officers
Prepared and administered a 5 million dollar budget
1985-1987 Lieutenant, Special Operations (Gang/Directed Patrol)Unit Commander
Supervised two sergeants and a uniformed complement of sixteen officers who engaged
in directed and saturation patrol
Created and commanded the unit for the purpose of addressing gang and drug-related
activity, as well as unique crime problems that were beyond the capabilities of the regular
patrol officers
Planned, coordinated, and directed the operations of the unit
1984-1985 Sergeant, Sex Crimes Detail
Supervised 12 detectives
DART001707 EXHIBIT 1
Case 3:16-cv-02579-B Document 22-1 Filed 05/08/17 Page 7 of 11 PageID 254
Identified training needs for the detail
Trained incoming personnel
Coordinated investigation with outside agencies
Handled complaints against officers and recommended disciplinary actions
1983-1984 Sergeant, Night Vice Unit
Supervised 15 detectives
Planned and executed covert operations
Identified training needs for the detail
Trained incoming personnel
Coordinated investigations with outside agencies
Handled complaints against officers and recommended disciplinary actions
1983-1983 Sergeant, Patrol Supervisor
Supervised 15 Patrolmen
Handled complaints against officers and recommended disciplinary actions
1980-1983 Detective, Vice Unit (Undercover Operative)
Investigated prostitution, gambling, pornography, and liquor law violations
Provided direct support for other operational units
1972-1980 Patrolman
Field Training Officer
Special Weapons and Tactics (SWAT) Team
OTHER EMPLOYMENT:
2000-2002 Professor, Criminal Justice Department, San Antonio College
1972-1980 United States Army Reserves (Staff Sergeant)
EDUCATION:
Texas State University, Masters in Criminal Justice
Southwest Texas State University, Bachelor of Applied Arts and Sciences
San Antonio College, Associates in Public Administration
South San Antonio High School
AWARDS/HONORS/CERTIFICATES:
Master Peace Officer Certification
Crime Prevention Specialist
BNai BRith- Officer of the Year Award
Alamo Area Rape Crisis Center- Distinguished Community Service Award
Texas Department of Human Services-Contributions to Child Abuse Issues Award
Alamo Area Rape Crisis Center- Outstanding Voluntary Service Award
Texas Department of Regulatory and Protective Services-Served on the original Child Death Review Panel
for Bexar County
Created & Commanded the Officer Involved Shooting Team
Created & Commanded the Special Operations (Gang/Directed Patrol) Unit
Served on the Board of Directors and Instrumental in the Planning and Development of the Alamo
Childrens Advocacy Center
Pinnacle of Achievement Award Bexar Family Support Conference (Mental Health Issues)
Crisis Intervention Program Award Center for Health Care Services
Leadership Award San Antonio Hispanic Police Officers Organization
Equality in Law Enforcement Award League of United Latin American Cities (LULAC)
MEMBERSHIPS:
FBI NA- Federal Bureau of Investigation National Academy Associates
HAPCOA- Hispanic American Police Command Officers Association
The One Hundred Club of San Antonio
SKILLS:
Read, Write, and Speak Spanish Fluently
Computer Literate in Microsoft Applications and Web Navigation
Recognized as an Expert at the State and Federal Court Level in the Field of Criminal Investigations and
Police Procedures; Recognized as a Security Expert in State Court
PERSONAL: Married to Elizabeth Ortiz; One son, Daniel; Step-daughters Stacy and Lesley
DART001708 EXHIBIT 1
Case 3:16-cv-02579-B Document 22-1 Filed 05/08/17 Page 8 of 11 PageID 255
Albert Ortiz
Consulting
3926 River Falls
San Antonio, Texas
78259
May 7, 2017
TRIAL TESTIMONY:
DART001709 EXHIBIT 1
Case 3:16-cv-02579-B Document 22-1 Filed 05/08/17 Page 9 of 11 PageID 256
DEPOSITION TESTIMONY:
DART001710 EXHIBIT 1
Case 3:16-cv-02579-B Document 22-1 Filed 05/08/17 Page 10 of 11 PageID 257
10) Melissa Hopkins, et al. v. William Karman & City of San Antonio
Civil Action No.5: 11-CV -0087 -OLG
US District Court, Western District of Texas, San Antonio Division
Police Liability - March 12,2013
13) Erik Dudley Sr., Xandra Budd, Maribeth Huitfeldt v. Bexar County, et al.
Civil Action No. 12-CV-357-FB
US District Court, Western District of Texas, San Antonio Division
Police Liability - July 30, 2014
15) Blanca Arizmendi v. Brownsville ISD, BISD Police Dept. & Sergeant
Patrick Gabbert
Civil Action No. 1:16-cv-063
US District Court, Southern District of Texas, Brownsville Division
DART001711 EXHIBIT 1
Police Liability - August 30, 2016
Case 3:16-cv-02579-B Document 22-1 Filed 05/08/17 Page 11 of 11 PageID 258
Albert A. Ortiz
DART001712 EXHIBIT 1