On Monday, April 21, 2014 9:19 AM, HumanRights
PLEASE UNSUBSCRIBE
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Sunday, April 20, 2014 12:46 AM
To: lori.carter@co.travis.tx.us; mariela@brattonfirm.com; Louis Bratton Attorney; Rape Abuse and Incest National Network Officials; Texas Association Against Sexual Assault Dir. Communics. Gipprich; HumanRights; Busch-Armendariz, Noel B; public.information@texasattorneygeneral.gov; Travis County District Attorney; Tara Long; CountyAttorneyDavidEscamilla; Texas DPS Online Services Webmaster; Travis County Sheriff's Office Paralegal Michael Lasorsa; HHSCivilRightsOffice@hhsc.state.tx.us; ana.defrates@senate.state.tx.us; City Attorney Karen Kennard City of Austin (TX); verifcic@tmb.state.tx.us; State Rep. Elliott Naishtat; Rep. Naishtat Chief of Staff Dorothy Browne; StateRep.DonnaHoward; CountyJudgeSam Biscoe; SanAntonio@ic.fbi.gov; Travis County Sheriff Greg Hamilton; ask.ocfo@usdoj.gov; rob.drummond@co.travis.tx.us; StateComptrollerSusanCombs; Texas Rangers Division DPS; Texas Rangers Division of DPS; USATXW.Webmaster@USDOJ.GOV
Subject: Fw: 11-15-12 text of my claims letter to City Law Dept.
To: Travis County District Attorney's Office Public Integrity Unit (PIU) Sergeant Investigator Lori Carter in Austin, Texas, with your PIU office phone number being (512) 854-9530.
April 20, 2014
Dear Investigator Carter,
Please note the text of the following November 15, 2012-dated claims letter I wrote and signed and submitted that same day to the City of Austin Law Department in Austin, Texas.
This request of mine for financial compensation from the City of Austin was promptly and flatly rejected by the City.
That adverse action by the City occurred without the City of Austin ever at any time providing me with any explanation for the City's refusal to financially compensate me in any way for the allegedly unjustifiable 48-hour-peace-officers'-emergency-commitment that had been arbitrarily imposed on myself by an APD officer in October 2012.
I alleged in writing to the City of Austin Law Department that the cited APD-ordered "commitment" had been imposed on me in an allegedly punitive and allegedly injurious manner that deprived me of the opportunity to myself earn much-needed tip-income income from my restaurant jobs throughout the multi-day period of that APD-ordered "commitment".
It was a "commitment," I might add with emphasis, that occurred without ANY court hearing having ever been held for me at any time.
I of course did not consume any psychiatric medication at any time during the cited multi-day "commitment," since the psychiatric facility acknowledged that it lacked the legal authority to force me to consume any psychiatric medication in that context.
I might add that even though I was a model patient in that psychiatric unit, the staff in that psychiatric hospital repeatedly stated to me that they wanted me to consume psychiatric medications throughout my entire period of confinement there. I repeatedly and politely and consistently declined to consume any psychiatric medication at any time during that multi-day involuntary confinement for me; and I was released within a few days without any psychiatric medication having ever been forced upon me at any time.
Investigator Carter, I hope that this additional factual information is helpful to yourself and Prosecuting Attorney Rob Drummond as you continue your very diligent and thorough review of crime evidence relating to alleged possible violations of the law by one or more employees of the City Government of Austin in their own conduct toward myself, John Kevin McMillan, in my capacity as a self-identified victim of anal-rape crimes during my sleep as I lie alone on my bed, and of personal-injury crimes inside my bolt-locked apartment unit in Austin.
Sincerely and Best Wishes,
John Kevin McMillan, current criminal-law complainant in Travis County DA's Office PIU Case 9655-13, with the highly-regarded Assistant District Attorney Rob Drummond serving as the very honorable Prosecuting Attorney for this case.
My own home address: Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
My home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
----- Forwarded Message -----
From: John McMillan
To: City of Austin (TX)City Attorney Karen Kennard
Sent: Thursday, November 15, 2012 1:24 PM
Subject: 11-15-12 text of my claims letter to City Law Dept.
The following is the exact verbatim text of the letter that I plan to sign this morning and either mail or FAX to your City of Austin Law Department today.---from John Kevin McMillan of northwest Austin. Home phone: (512) 342-2295.
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To: City of Austin Law Department, Attention: Claims, P.O. Box 1546 , Austin , Texas 78767 . Office phone number: (512) 974-2268. FAX number: (512) 974-1311.
November 15, 2012
Dear City of Austin Law Department Officials,
A kindly private attorney member of the State Bar of Texas has helpfully advised me this month to submit to your municipal law-department in Austin, Texas, a written claim requesting full compensation to myself for the foregone financial earnings that I incurred as a result of unjustifiable 48-hour peace officers’ involuntary commitment of myself at Seton Northwest Hospital Emergency Room and Shoal Creek psychiatric hospital for two and one-half days in mid-October 2012.
I would like to respectfully point out that:
---the male psychiatrist to whom I was referred as the psychiatrist in charge of my cited case at Shoal Creek Hospital, Dr. Garcia, stated to me in person in Shoal Creek Hospital on October 16, 2012, that he strongly disagreed with the decision by the Austin Police Department to place under 48-hour involuntary peace officers’ commitment on Sunday, October 14, 2012. Dr. Garcia indicated to me in person that he definitely did NOT regard me as being a threat to myself, or to anyone else, for that matter. In fact, I was so consistently civil and polite and considerate and honest and alert and law-abiding as an involuntary patient at Shoal Creek Hospital near UT-Austin that I was never at any time required by anyone to consume any psychiatric medication of any type. Nor did I consume any psychiatric medication at any time during the entire “48-hour” peace officers’ commitment imposed on myself against my wishes in mid-October 2012.
---The APD officer, Officer Robert Broomhall, who put me in handcuffs on his own initiative, despite my being consistently polite and civil toward himself, and who then drove me to Seton Northwest Hospital Emergency Room for overnight “observation”, did not cite any reason for placing me under involuntary confinement against my wishes, aside from “deterioration” (exact wording), as Officer Broomhall put it to me in person inside my apartment unit. I had, in fact, very diligently filed a very honest and very accurate crime report with APD, APD report number 12-2880495, by calling 311 (not 911) and politely providing APD with a factual report on the morning of October 14, 2012, about the most recent factual evidence I had observed of an alleged illegal intruder allegedly having illegal and citedly injurious physical contact with me during my sleep inside my bolt-locked one-bedroom apartment at Wind River Crossing—a top-floor, vaulted-ceiling apartment unit where I live alone, I ALWAYS sleep alone, and I am the only approved occupant of my apartment unit.
---APD Officer Broomhall during his visit inside my bolt-locked apartment unit on the morning of Sunday, October 14, 2012, made no attempt to investigate whether I myself had been subjected to any personal-injury crimes or any gastrointestinal-rape crimes or any anal-rape of any type during my sleep that morning, even though I had complained to an APD 311 phone-line staff member that morning about my having been awakened abruptly on my bed at about 4:15 a.m. that morning with very surprising pain in my anus.
---I found it significantly degrading to myself be placed in handcuffs Sunday morning, October 14, 2012, by APD Officer Broomhall in the parking lot of Wind River Crossing Apartments, where his patrol car was situated, before Officer Broomhall then drove me to Seton Northwest Hospital Emergency Room for involuntary confinement there. It was very apparent to me at the time that other tenants at Wind River Crossing might have observed me being handcuffed by Officer Broomhall, and might have very incorrectly assumed that I was myself allegedly dishonorable or allegedly a criminal person. In fact, as your municipal law department well knows, I myself have no criminal-conviction record and am very honest and law-abiding.
---APD Officer Broomhall placed me in handcuffs against my wishes DESPITE the fact that he had stated to me earlier that morning (Oct. 14, 2012) inside my apartment unit that I myself was NOT under arrest, he stated to me inside my apartment unit. He also stated, though, that I was somehow required at that time by the Austin Police Department to undergo a 48-hour peace officers’ involuntary commitment at a psychiatric institution.
--APD Officer Broomhall did not present me with any paperwork on behalf of the cited “48-hour peace officers’ emergency commitment” imposed on myself. Also, he repeatedly declined to show me any paperwork on behalf of that commitment, even though I politely and at least twice asked him to show me any and all legal documents that would have “authorized” any such 48-hour peace officers’ commitment of myself against my wishes.
---Sunday, the first day when I was held against my wishes in a hospital in Austin , is generally the one day of the entire week when I have made the most money as a restaurant employee in Austin . I was scheduled to work a double shift that Sunday—first at Denny’s Lakeline restaurant in Austin , and later at ...(another).... restaurant in Austin. I have often earned about $100 in tips alone from my double workshifts on Sundays. As a waiter on Sundays in those two restaurants, I have also been paid $2.13 per hour in wages in each of those respective chain restaurants.
---I generally earn $15 or so in tipout income from my Monday workshifts at Outback Arboretum, in addition to my being paid a wage of $3.25 per hour as a busboy at Outback Arboretum chain restaurant. Because of my involuntary confinement at Shoal Creek Hospital on Monday, October 15, 2012, I was unable to work my scheduled shift as a busboy at Outback Arboretum that day.
---I allege that the multi-day involuntary commitment imposed on myself needlessly jeopardized my own standing and employment status with each of my three respective people-friendly restaurant-industry employers---(which include...) Denny’s Lakeline, and, on Monday, Outback Arboretum chain steakhouse in northwest Austin.
---I have been informed that I am myself being billed for all of the thousands of dollars of hospitalization expenses incurred by me at Seton Northwest Hospital and Shoal Creek Hospital in mid-October 2012, and neither the City of Austin nor Travis County Government is apparently paying for any portion of those expenses relating to the 48-hour peace officers’ involuntary commitment imposed on myself.
I would like to respectfully point out that when the City of Austin in February 2012 placed me in a previous “48-hour” peace officers’ involuntary commitment imposed on myself, I was specifically informed by a staff member at Lakes psychiatric hospital at that time that all of the expenses I incurred as a psychiatric patient at Lakes hospital during that involuntary confinement for me there would, in fact, be paid in full by the City of Austin and Travis County Government.
Thank you in advance for reviewing this formal written request for full compensation to myself. I hope to hear from you soon.
Sincerely,
John Kevin McMillan, a very civil and law-abiding and honest, factually accurate, clean-talking (no profanity from me in my everyday conversations with others), gainfully-employed, permanently-alcohol-free and non-alcoholic, permanently illicit-drug-free and never-previously-addicted, lifelong-tobacco-free, facially cleanshaven (no mustache, no goatee, no beard, etc.), tattoo-less, HIV-negative and STD-free, fully ambulatory, non-sadomasochistic and anti-S&M, jewelry-less, longtime-celibate-by-choice, single adult white gentleman of British and German ancestry who myself lives alone in northwest Austin.
My home address: 11411 Research Boulevard, Apt. 325 , Austin , Texas , 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
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