Roger Dennis Fleury Jr.
CAUSE OF ACTION
CURTIS M. FISHER, AGENT METROPOLITAN NASHVILLE POLICE DEPARTMENT, ET AL...
DEFENDANTS
Comes PLAINTIFF, in good faith, stating as follows in rebuttal of probable cause affidavit and arrest warrant filed in the Davidson County Clerk's Office Case No. GS636478 made publcly available upon Notice of Release and Dismissal:
PLAINTIFF was walking on the grass near 1st Ave in search of a restroom he had reason to believe was outside and around the corner of the gas station where the confrontation occurred at approximately 12:30 a.m. on or about June 19, 2013. When approached by an unidentified male who appeared to be a law enforcement officer, PLAINTIFF requested he identify himself. DEFENDANT could not answer the PLAINTIFF as to why he stopped the PLAINTIFF, who he was, and why he was detaining PLAINTIFF. PLAINTIFF was not free to answer any questions, and therefore chose to not answer any questions offered by the DEFENDANT, particularly those regarding personal matters such as name, address, and purpose of presence in exercise of his 4th and 5th amendment rights to be secure in his person and not be compelled to bear witness against himself, as he had cause to believe a criminal investigation was being conducted. No victims are named on the affidavit of probable cause, and no evidence of damaged property or loss is presented. PLAINTIFF believes no evidence of any level of intoxication exists. No cause was shown upon request, nor was consent granted by PLAINTIFF at any time.