IN THE UNITED STATES DISTRICT COURT
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FOR THE WESTERN DISTRICT OF TEXAS
2 AUSTIN BRANCH
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BENJAMIN KORY KELLER, )
5 Plaintiff ) CASE NO. 1:20-CV-788-RP
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V. )
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AUSTIN JOHNSTON )
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Defendant )
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) INITIAL DISCLOSURES
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_________________________________________ )
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A. WITNESSES (FRCP 26 (a) (1) (A))
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Plaintiff BENJAMIN KORY KELLER thru undersigned counsel, hereby provide
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a preliminary list of witnesses who may be called to testify at trial to support the
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Plaintiff’s claims. This list does not mention witnesses that may be used solely for
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impeachment purposes. This list will supplemented as discovery commences and the
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names and addresses of the other witnesses that observed the actions of the Defendant
21 officers on the evening of the incident are identified and located and any other witnesses
22 that may have been inadvertently omitted from these initial disclosures.
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Plaintiff reserves the right to augment this list as discovery progresses with appropriate
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notice to defendants’ counsel.
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1. Plaintiff BENJAMIN KORY KELLER- Has information concerning the
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allegations contained in the complaint and damages and may be contacted
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INITIAL DISCLOSURES
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2. MILLIE THOMPSON- [email protected]. Former Attorney for
Plaintiff- Has information concerning the allegations contained in the
2 complaint.
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3. LEONARD MARTINIEZ- (512) 472-0958. Former defense Attorney
4 for Plaintiff- Has information concerning the allegations contained in the
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complaint.
6 4. DEBBIE _______________. Travis County Pretrial (512) 854-9381-
7 Has information concerning the allegations in the complaint pertaining to
leaving the state to see dying mother.
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9 MICHAEL HELMKE, Contact information not known-
inmate witness. Has information concerning the events in the
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jail;
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5. Judge Patrick J. McNeilis- Austin Municipal Court Judge (512)974-
4800 Has information concerning allegations contained in the complaint
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6. Travis County Prosecutor 331st District Court. Has information
concerning events contained in the complaint.
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7. Dionne Hiebert - (512) 567-3211 Private Investigator Keystone
Investigations- Has information concerning events contained in the
17 complaint.
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8. Defendant Austin Johnston-Has information concerning the
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allegations contained in the Complaint;
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22 B. DOCUMENTS (FRCP 26 (a) (1) (B))
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24 1. Documents in the possession of Plaintiff that are relevant to the allegations in the
25 Complaint.
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2. All future responses to discovery in this litigation;
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3. All Deposition transcripts of future deponents;
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INITIAL DISCLOSURES
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4. All Expert Reports;
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5. DOCUMENTS AND VIDEOS NOT IN POSSESSION OF PLAINTIFF
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5 A. Video(s) from DPS from the first stop on January 12, 2018. Need Dash
6 cam and Body cam and all records from the State database pertaining to
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the automobile registration_______________, all correspondence
between Austin Police Department and Texas Department of Public
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Safety pertaining to the first stop pm January 12, 2018;
9 B. Video from Austin Police Department. Need dash cam and body cam.
10 from officers on-scene at the first stop on January 12, 2018;
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C. Video(s) from DPS from the second stop on July 24, 2018. Need Dash
cam and Body cam and all records from the State database pertaining to
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the automobile registration_______________, all correspondence
13 between Austin Police Department and Texas Department of Public
14 Safety pertaining to the second stop on July 24, 2018;
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D. Jail video and audio from booking and magistration on July 24, 2018;
E. Video and audio recordings, police reports, sworn affidavits,
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written statements, booking sheets, dash cam video, in-car video,
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video from booking, warrants, and any and all multi-media
18 evidence submitted against Plaintiff which is contained in Plaintiff’s
19 file for case number D-1-DC-18-205072 on July 24, 2018;
F. Defendant Johnston’s personnel file.
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G. Authenticated statements from the jailers when Plaintiff was
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temporarily incarcerated on July 24, 2018.
22 H. Information from the Austin District Attorney pertaining to the second
23 warrant that was issued while Plaintiff was on ankle monitor.
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C. COMPUTATION OF DAMAGES (FRCP 26 (a) (1) (C))
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Damages are based on the violation of PLAINTIFF’s individual constitutional
rights as guaranteed by the 1st, 4th and 14th amendments to the U.S. Constitution
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which resulted in the Plaintff’s wrongful arrest without probable cause on 2
28 traffic stops, Dedendant’s fabricated sworn affidavit, the arrest of the Plaintiff on
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INITIAL DISCLOSURES
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a false charge of Retaliation/ Obstruction which is a 3rd degree felony. Plaintiff’s
Damages are (1) false arrest resulting in time in jail of approximately 2 ½
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months, (2) prohibited from seeing dying mother, 3) lost job at work, 4)
3 Automobile impounded twice, 5) Emotional Distress. Damages also will include
4 Plaintiff’s attorney fees and costs of litigation.
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7 D. INSURANCE POLICIES (FRCP 26 (a) (1) (D))
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Not applicable;
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E. OTHER:
11 Plaintiff reserves the right to augment this list as discovery progresses with
12 appropriate notice to defendants’ counsel.
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Dated: May 1, 2021 s/ Edward A. Rose, Jr.
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By Edward A. Rose, Jr. Attorney at Law
15 Edward A. Rose, Jr., Attorney at Law, PC
16 Attorney-in-Charge
State of Texas Bar No. 24081127
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Southern District of Texas Bar No. 1645585
18 3027 Marina Bay Drive Suite 208
19 League City, Texas 77573
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Phone: 713-581-6029
Fax: 832-201-9960
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[email protected]
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INITIAL DISCLOSURES
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CERTIFICATE OF SERVICE
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I, Edward A. Rose, Jr. caused the attorney(s) (registered filing users) on the
9 service list herein to be served via e-mail at the e-mail addresses listed below.
10 On May 1, 2021, I served the following documents described as follows:
11 PLAINTIFF’s INITIAL DISCLOSURES
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13 Christopher Lee Lindsey
14 Assistant Attorney General
15 P.O. Box 12548
16 Capitol Station
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Austin, Texas 78711
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Email:
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[email protected]20
(512) 463-2080
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F (512) 370-9314
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ATTORNEY FOR DEFENDANT
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24 Dated: May 1, 2021
/s/ Edward A. Rose Jr.
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26 Edward A. Rose, Jr., Esq. (Texas Bar 24081127)
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Southern District of Texas Bar No. 1645585
Attorney –in- Charge
28 Edward A. Rose, Jr., Attorney at Law, P.C.
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INITIAL DISCLOSURES
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Two Arena Place
7324 Southwest Freeway Suite 610
2 Houston, Texas 77074
3 T (713) 581-6029
F (832) 201-9960
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[email protected]
5 Attorney for Plaintiff
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INITIAL DISCLOSURES
