DISD's Experts in Rodney Bennett Case

Case 3:11-cv-00393-D Document 25 Filed 05/10/12
Page 1 of 2 PageID 93
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RODNEY BENNETT PLAINTIFF v. DALLAS INDEPENDENT SCHOOL DISTRICT, DEFENDANT.
CASE NO. 3:11-CV-00393-D
DEFENDANT DALLAS INDEPENDENT SCHOOL DISTRICTS EXPERT WITNESS REPORTS NOW COMES Defendant Dallas Independent School District (Dallas ISD or the District), and submits its expert witness reports pursuant to this Courts Order dated March 21, 2012, granting an extension to the Defendant to file the expert witnesses reports. See attached reports of the following experts filed in accordance with Federal Rule of Civil Procedure 26(a)(2): 1. William M. Rathburn President Rathburn & Associates, Inc. P.O. Box 930 Mineola, Texas 75773 (903) 569-9434 Report attached at Attachment 1 J. Randall Price, Ph.D. Clinical-Forensic Psychologist and Neuropsychologist Price, Proctor & Associates, LLP 11882 Greenville Avenue, Suite 107 Dallas, Texas 75243 (972) 644-8686 Report attached at Attachment 2
2.
DATED:
May 10, 2012.
DEFENDANT DALLAS ISDS EXPERT WITNESS REPORTS
PAGE - 1
Case 3:11-cv-00393-D Document 25 Filed 05/10/12
Respectfully submitted,
/s/ Dianna D. Bowen Dianna D. Bowen Texas Bar No. 34013778 dbowen@laborlawyers.com Meredith Prykryl Walker Texas Bar No. 24056487 mwalker@laborlawyers.com Fisher & Phillips LLP 500 N. Akard Street, Suite 3550 Dallas, Texas 75201 Telephone: (214) 220-9100 Facsimile: (214) 220-9122 ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE I hereby certify that on this 10th day of May, 2012, I electronically filed the foregoing document with the Clerk of Court for the U.S. District Court, Northern District of Texas, using the electronic case filing system of the Court. The electronic case filing system sent a Notice of Electronic Filing to the following attorneys of record who have consented in writing to accept such Notice as service of this document by electronic means: Robert E. Goodman, Jr. Kilgore & Kilgore PLLC 3109 Carlisle Street Dallas, TX 75204 /s/ Dianna D. Bowen Dianna D. Bowen
DEFENDANT DALLAS ISDS EXPERT WITNESS REPORTS
PAGE - 2
Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12
PRICE, PROCTOR & ASSOCIATES, LLP

A LIMITED LIABILITY PARTNERSHIP OF BOAR CERTIFIED FORENSIC PSYCHOLOGISTS
11882 Greenville Ave., Suite 107; Dallas, Texas 75243
Telephone: 97Hi44-886.Facsimile: 972-4-8688
J. Randall Price, Ph.D., ABPP, FACPN Board Certified in Forensic Psychology Board Certified in Neuropsychology
Timothy J. Proctor, Ph.D., ABPP

Board Certified in Forensic psychology Fellowship Trained in Forensic Psychology
Preliminary Report of Review of Records

Identifying Information:
Plaintiff:
Date of Birth:
Rodney Bennett
12/1/68
Date of Report:
Style of Case:
5/10/12
Rodney Bennett v. Dallas Independent School District

3-11CV0393-D
Dianna Bowen
Cause No.:
Referral Source:
Attorney at Law Fisher & Phillips, LLP 500 North Akard Street Suite 3550 Dallas, Texas 75201
TEL: (214) 220-8305 FAX: (214) 220-9122 email: dbowen@laborlawyers.com

Referral Information:
This evaluator was asked to review inormation pertinent to Mr. Rodney Bennett, a former police offcer with the Dallas Independent School District (DISD). Mr. Bennett was a police officer with the DISD beginning in 2/01 until he was deployed as a milita reservist to active duty in
the Middle East in 5/07. He was discharged from active duty on 4/7/09 due to temporar
disability for a combat-related injur. Upon his retur to the DISD in 5/09, it was requested that he undergo a medical fitness for duty examination (FFDE) in relation to concerns regarding potential medical and psychological factors interfering with his ability to perform his duties as a police offcer with DISD. He agreed to undergo the medical FFDE, and as a result, he was found to have medical problems that would limt his ability to perform the necessar job fuctions inherent to the position of a police officer with the DISD. He was then placed in a security position until 4/1 0, when continued evidence of medical problems led to a determination that he could no longer fulfill the essential job fuctions of a police officer, and as such, he was assigned
2
to a dispatcher position. He then submitted a medical evaluation form dated 4/28/1 0 that stated that his medical restrictions were removed. Also, it was requested that he undergo a psychological FFDE to ensure that his combat experiences did not create adverse psychological factors that could potentially impair his ability to perform the duties of a police offcer. He reportedly refused to undergo a psychological FFDE and failed to retur to work for his dispatcher position. He was eventually terminated for failing to retu to work after 6/23/1 0, for failing to comply with deparment and supervisor directives, for failing to comply with the requested FFDE, and for abandoning his job. Mr. Bennett has now filed litigation against the DISD for his termination and for allegations related to discrimination and a hostile work environment. This evaluator was asked to address the following two issues:
1. The potential impact ofPTSD on law enforcement personnelsjob performance; and

2. Whether Mr. Bennett likely suffers from PTSD.
Evaluation Procedures:
This evaluator formed his opinons with regard to the aforementioned referral issues based upon his expertise and experience in conducting psychological FFDEs, a review of relevant literature, and a review of the available records. It is of note that a direct face-to-face evaluation ofMr. Bennett was not conducted, and as such, the subsequent opinions and conclusions are based solely on the aforementioned factors. It is possible that a face-to-face evaluation of Mr. Bennett might result in this evaluator forming different opinions, and as such, this needs to be considered in the scope of the opinions expressed below.
Records Reviewed:
1. Varous DISD Employment Records and Related Documents (Bate Stamped Pages 1641);
2. Medical Records from the Deparment of
Veterans Affais (Bate Stamped Pages 642-
1058);
3. Medical Records from Concert Health Services (Bate Stamped Pages 1679-1731);
4. Ary
and TCLEOSE Forms (Bate Staped Pages 1732-1769);
5. Bennett Production Response Excerpts (P.1-8);
6. Complaint for Rodney Bennett v. Dallas Independent School District (Cause #311CV0393-D);
7. Dallas Independent School District's Original Answer and Affrmative Defenses for
Rodney Bennett v. Dallas Independent School District (Cause #3-11CV0393-D); 8. Defendant's Initial Disclosures for Rodney Bennett v. Dallas Independent School District (Cause #3-11 CV0393-D);
9. Plaintiffs Rule 26(A)(l) Disclosure for Rodney Bennett v. Dallas Independent School
District (Cause #3-11CV0393-D);

10. Plaintiffs Response to Defendant's First set ofInterrogatories to Plaintiff
for Rodney
Bennett v. Dallas Independent School Distrct (Cause #3-11 CV0393-D);
11. Plaintiffs Expert Witness Designation for Rodney Bennett v. Dallas Independent School District (Cause #3-1 1CV0393-D); and
3
12. Plaintiffs Expert Witness (Bill Genet, President of
Police Organization Providing Peer
Assistace) Report for Rodney Bennett v. Dallas Independent School District (Cause #3-
i i CV0393-D).
Opinions and Summary of Findings:
This section summarizes the findings of this evaluator with respect to each of the two aforementioned referral issues. Each referral issue wil be addressed separately with summaries
of the relevant supporting documentation from the aforementioned sources of information.
1) The potential impact of PTSD on law enforcement personnel's job penormance

According to the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition,
Text Revision (DSM-IV-TR):
"The essential feature of Posttraumatic Stress Disorder is the development of characteristic symptoms following exposure to an extreme traumatic stressor involving direct personal experience of an event that involves actual or threatened
death or serious injur, or other threat to one's physical integrity; or witnessing an
event that involves death, injury, or a threat to the physical integrity of another
person; or learnng about unexpected or violent death, serious har, or threat of
death or injury experienced by a family member or other close associate (Criterion AI). The person's response to the event must involve intense fear, helplessness, or horror (or in children, the response must involve disorganzed or agitated behavior) (Criterion A2). The characteristic symptoms resulting from the exposure to the extreme trauma include persistent re-experiencing of the traumatic event (Criterion B), persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness (Criterion C), and persistent symptoms of increased arousal (Criterion D). The full symptom picture must be present for greater than 1 month (Criterion E), and the disturbance must cause clinically
significant distress or impairment in social, occupational, or other importt areas
of fuctioning (Criterion F)." (P.463)
Also of
paricular note within the DSM-IV-TR diagnostic criteria for PTSD are the specific symptorns of re-experiencing the event, avoidance, and increased arousaL. These include but are
not limited to the following:
. Acting or feeling as if the traumatic event were recurrng (includes a sense of reliving the
experience, illusions, hallucinations, and dissociative flashback episodes)

. Intense psychological distress at exposure to internal or external cues that symbolize or
resemble an aspect of the traumatic event

. Physiological reactivity on exposure to internal or external cues that symbolize or
resemble an aspect of
the traumatic event
. Efforts to avoid thoughts, feelings, or conversations associated with the trauma

. Efforts to avoid activities, places, or people that arouse recollections of the trauma
. Markedly diminished interest or paricipation in signficant activities
4
. Feeling of detachment or estrangement from others

. Restricted range of affect (e.g., unable to have loving feelings)
. Sense of foreshortened future

. Difficulty falling or staying asleep
. Irritability or outbursts of anger
. Difficulty concentrating
. Hypervigilance
. Exaggerated starle response
Given the nature of these symptoms, it is not umeasonable to suspect that the presence of such a disorder, especially depending on its severity, could have a profound impact on a police offcer's ability to safely and effectively perform his or her essential job fuctions. Indeed, police officers are often exposed to traumatic situations durng the course of their work. While not all offcers that are exposed to trauma develop such a disorder, those that do can experience significant disruptions in their occupational and personal fuctioning. Furhermore, evidence is emerging regarding the impacts of repeated exposure to traumatic experiences, frequently referred to as posttraumatic growth. This suggests that an offcer with a history of PTSD can experience more severe symptoms with continued exposure to traumatic events. In total, it is the opinion of this evaluator that PTSD symptoms, depending on their severity, would likely have a profound impact on a police officer's ability to safely and effectively perform essential job fuctions.
Working as a police officer with PTSD in a public school setting raises heightened concern due the school setting as well as the safety of children. For example, crowds are commonplace in the hallways public schools, especially between classes and at the beginng the school day. Crowds are frequently diffcult for individuals suffering from PTSD and end of in paricular because the behavior of children in crowds can be unpredictable. Loud noises are also common, such as yellng, lockers slaming shut, and books being dropped. Such loud
to the nature of
noises are also frequently difficult for individuals with PTSD because of an exaggerated stale
response and subsequent unpredictable behavior. Additionally, in a diverse school population such as that of the DISD, many different foreign languages are often spoken which can be "triggers' for flashbacks and subsequent unpredictable behavior in individuals with PTSD.
2) Whether Mr. Bennett likely suffers from PTSD

According to the available records, Mr. Bennett has had combat exposure including being stationed at a forward observation post/close to enemy lines, receiving incoming fire from enemy, encountering explosives while on patrol or at duty station, receiving sniper or sapper fire, providing aid to injured soldiers, and being exposed to dead bodies and body pars (Criterion AI). His self-report during an evaluation on 5/14/09 reportedly indicated that "durng these and other incidents he constatly felt in fear for his life" (Criterion A2). He has consistently reported multiple PTSD symptoms meeting criteria for Diagnostic Criterion B, C, and D for a period lasting greater than 24 months (Criterion E). In relation to this, multiple scores are available for the PTSD Checklist Milita Version (PCL-M). Scores on this measure rage from 17 to 85. Mr. Bennett's scores on this assessment measure ranged from 53 (5/14/09) to 64 (8/4/11). Relative
5
items endorsed by Mr. Bennett indicated that he displayed symptoms of at least moderate intensity on at least one assessment with respect to:
. Repeated disturbing memories, thoughts, or images of a stressful milita
experience from the past

. Repeated distubing dreams of a stressful milita experience from the past
. Suddenly acting or feeling as if a stressful milita experience from the past were happening again
. Feeling very upset when something reminded you of a military experience from
the past
. Having physical reactions (e.g. heart pounding, trouble breathing, sweating)
when something reminded you of a stressful military experience from the past
. Avoiding thinkng about or talking about a stressful milita experience from the
past or avoiding having feelings related to it . Avoiding activities or situations because they reminded you of a stressful
militar experience from the past
. Loss of interest in activities that you used to enjoy
. Feeling distant or cutoff from other people
. Feeling emotionally numb or being unable to have loving feelings for those close to you
. Trouble falling or staying asleep
. Feeling irrtable or having angry outbursts
. Having difficulty concentrating

. Being "super-alert" or watchful or on guard
. Peeling
jumpy or easily starled
The PCL-M also asks "How difficult have these problems made it for you to do your work, take care of things at home, or get along with other people?" Mr. Bennett responded with "Very difficult" to this question (Criterion F). It is of note that all of the available assessments done regarding PTSD symptoms appear to be based on Mr. Bennett's self-report. As such, his reported symptoms may be subject to exaggeration or
feignng of
mental ilness. This is primarly noted due to an evaluation on 2/12/09 that
included performance on an effortmalingering measure (i.e., the Rey 15-Item Test) on which his score fell below the commonly accepted cutoff for adequate effortgenuine impairment.
Mr. Bennett was discharged from the militay on disability status in association with a diagnosis of PTSD (70%) as well as other varous physical conditions. He has also undergone extensive treatment for PTSD at the V A Medical Center including consultation with a psychiatrist, taking multiple psychotropic medications, and attending over 75 sessions of a PTSD support group. In total, it is the opinion of this evaluator that Mr. Bennett likely suffers from PTSD now and during the time period of 5/5/09 to 8/10/11.
As was noted above, this evaluator formed his opinions with regard to the referral issues based upon his expertise and experience in conducting psychological PFDEs, a review of

6
the available records. A direct face-to-face evaluation of Mr. Bennett was not conducted, and as such, the opinions and conclusions are based solely on the aforementioned factors. It is possible that a face-to-face evaluation ofMr. Bennett might result in this evaluator forming different opinions, and as such, this needs to be considered in the scope of the opinions expressed above. Also, this evaluator reserves the right to modify or change his opinions and conclusions regarding the referral issues if additional information becomes available that would warrant such changes.
relevant literature, and a review of
Sincerely,
J. Randall Price, Ph.D.
~~
Price-Testimony
2008 Record of Expert Testimony

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Tony Roberts, AUSA
Government
Judge Jack
10/14/1 0
State of
Texas v.
Criminal
Trial
Stephanie
State
Richie Fields
195th Criminal District Court, Dallas County

4351h Judicial
10/2511 0
Civil
Trial
Special
In Re: The Civil Commitment of Jesus
State
Hernandez, Cause No.
Civil Division
Trial
Jason Cashon
10-03-02608-CV
10/27/10
State of
Texas v.
Criminal
State
Michael Allen
District Attorney
Erath County
Howard, Cause No. CR13377 Criminal
11/10/10
United States v. Alfred Bourgeois, Cause No. Cr-C-02-216
Court Montgomery County, TX 266th Judicial District Court, Erath County U.S. District Court, Southern Division, Corpus Christi,
Deposition
Tony Roberts, AUSA
Governent
Judge Jack
11/17/10
State of
Texas v.
Criminal
Kelly Loftus
State
Harold Vaughn,
of
Cause
No. 1186711
371st Trial Criminal District Court

Tarrant
County
PL=Plaintff;
Side:
DF=Defense;
PR=Prosecution;
RS=Respondent;
CT=Court
C=WC Carrier
Price- Testimony

Criminal
3/31/11
State of
Texas v.
Robert Gill
State
Roberto Vento, Cause
Criminal Trial District Court
No. 1188200
No.lof
Tarrant County
Civil
219tn Judicial
4/27/11 7/13/11
Deposition
Suzanne C. Ekvall
Defense
District Court
of Colln
James Keith Patterson v. Joshua Clayton Glover and C & G Apartments, Cause
County
Civil
44th Judicial
No.
219-04914-2009
511 0111
Margaret Pleasant
Trial
Bradley Dickinson
Defense
Dozier, et al v. David
of Dallas
District Court
County
Civil
43Siii Judicial
Schuman, et al
6/8/11
In Re: The Civil Commitment of Charles Anderson,

Deposition Court Montgomery County, TX
Civil
43St11 Judicial
State
Cause No. 11-02-
Special Prosecution Unit, State of Texas, Civil Division
6/29/11
02043 -CV In Re: The Civil Commitment of Walter Estes, Cause

Deposition
Criminal
Court of
State
No. 11-03-02780-CV

Randy Goodwin,
9/20/11
State of
Texas v.
Court Montgomery County, TX 296tl District

Trial
State
Preston Boan, Cause

Collin County
Civil
43Sin Judicial
ADA
No.
401-80538-07,
401-80539-07,401-
9/21/11
81132-06 In Re: The Civil Commitment of Edward Tesson, Cause
Deposition
Special Prosecution
State
No. 11-06-06S78-CV
Unit, State of Texas, Civil Division
Side:
DF=Defense;
PL=Plaintiff;
PR=Prosecution;
RS= Respondent;
CT=Court
C=WC Carrier
Price- Testimony
9/26/27/11
435in Judicial
In Re: The Civil Commitment of Charles Anderson,

Civil
Trial
State
Cause No. 11-02-

Civil
435111 Judicial

Special Prosecution
10/20/11
02043 -CV In Re: The Civil Commitment of Alfred Villegas, Cause No.
Deposition
State

Civil
435iii Judicial
11/1-2111
11-07 -07862-CV In Re: The Civil Commitment of Edward Tesson, Cause
Trial
Statc
No. 11-06-06578-CV

Civil
435111 Judicial
11122111
In Re: The Civil Commitment of
Deposition
State
Darren Dwayne

Civil
435111 Judicial
12/5-6/11
Groom In Re: The Civil Commitment of Alfred

Trial
State
Vilegas, Cause No.
11-07 -07862-CV
Unit, State of Texas, Civil Division Special Prosecution Unit, State of Texas, Civil Division Special Prosecution Unit, State of Texas, Civil Division Special Prosecution Unit, State of Texas, Civil Division
Side:
DF=Defense;
PL=Plaintiff;
PR=Prosecution;
RS=Respondent;
CT=Court
C=WC Carrier
Price- Testimony
J. Randall Price, Ph,D.

Civil
43Sth Judicial
1/9/12
In Re: The Civil Commitment of Alfred Villegas, Cause No.

Trial
State
11-07 -07862-CV

Civil
43Sth Judicial
3/5112
In Re: The Civil Commitment of

Trial
Special Prosecution Unit, State of Texas, Civil Division Special Prosecution Unit, State of
State
Texas, Ci viI
Donnie Dwayne Bunn
Cause No. 11-12-
Division
Tarrant County
12936-CV
4/30/12
Criminal
State of Texas v. Stephen Staley
State
District Attorney's
Criminal Competency District Court Hearing Number Two, Tan-ant County, TX
Offce
Side:
DF=Defense;
PL=Plaintiff;
PR=Prosecution;
RS=Respondent;
CT=Court
C=WC Canier

Bowen. Dianna
From:
Randall Price (jrp48@sbcglobal.net)
Sent:
To:
Thursday, May 10,201211:17 AM

Bowen, Dianna
Subject: Attachments:
Rodney Bennett Case

Price_Bennett_Prelim_Report.docx; Price Testimony.doc
Ms. Bowen,
Attached please find my expert report in the matter of Rodney Bennett. My fee for all services rendered, including records review, consultation, evaluation, and testimony is $300 per hour. I am also attaching a list of cases in which I have testified.
Dr. Price
1. Randall Price, Ph.D., ABPP, FACPN Board Certified in Forensic Psychology Board Certified in Neuropsychology jrp48@sbcglobal.net
PRICE, PROCTOR & ASSOCIATES, LLP A LIMITED LIABILITY PARTNERSHIP OF BOARD CERTIFIED FORENSIC PSYCHOLOGISTS 11882 Greenville Ave., Suite 107-Dallas, Texas 75243 Telephone: 972-644-8686-Facsimile: 972-644-8688
Rathburn & Associates, Inc. I

P.O. Box 930 Mineola, Texas 75773
(903) 569-9434 Fax: (903) 569-2648
Email: WMRathburn@aol.com
May 9,2012
Ms. Dianna D. Bowen

Fisher & Phillips, LLP 500 North Akard Street
Suite 3550 Dallas, TX 75201
RE: Rodney Bennett v. Dallas Independent School District

United States District Court for Northern District of Texas, Dallas Division C.A. NO.3: 11-CV-0393-D
Dear Ms. Bowen:
i am submittng this report in response to your request for me to review materials related to this case and to render opinions on the issues involved. My opinions are preliminary at this time and I reserve the right to supplement the report as additional information becomes available and causes me to alter any of my opinions or to form additional opinions.
BACKGROUND AND EXPERIENCE I was a police offcer for almost 30 years and, for over 25 years, was as a supervisor or manager. I was a member of the Los Angeles Police Department for over 27 years and rose through the ranks to Deputy Chief. I was recruited for and served as Chief of the
Dallas Police Department for two years. In addition to my formal education and the
regular training for police offcers, supervisors and managers, I attended several special
training programs including the nine-month Police Management Training Program at

Northwestern University, the FBI National Executive Institute at Quantico Virginia, the
Managerial Policy Institute at the University of Southern California and the MidManagement Institute at the Industrial Relations Center of the California Institute of
Technology.
While a member of the Los Angeles Police Department, I served as Commanding

Offcer of the Personnel Division for three years during which time I was responsible for the entire police offcer selection and screening processes. I later served almost two years as the Commanding Offcer of the Personnel and Training Bureau, a position in which I had department-wide responsibility for all police offcer and civilian employee

Expert Witness Report of William M. Rathburn
May 9,2012
personnel services including hiring, training, transfers, leaves of absence and

psychological services. My full resume is attached.
MATERIALS REVIEWED
1. Complaint;
2. Defendant Dallas Independent School District's Original Answer and Affrmative
Defenses
3. Defendant's Initial Disclosures;
4. Plaintiffs Rule 26(A)(1) Disclosure;
5. Plaintiffs Response to Defendant Dallas Independent School District's First Set

of Interrogatories to Plaintiff Rodney Bennett;
6. Plaintiffs Expert Witness Designation;
7. Plaintiffs Expert Witness Report;
8. CD Containing documents produced by Plaintiff, bates numbered Bennett
Production Responses 247,421-423,446,458,482, and 483;

9. CD Containing documents produced by Defendant, bates numbered DISD/R, Bennett 0001-1058 and 1679-1769; 10. USERRA Frequently Asked Question from Military.com 11. Explanation attached to TCLEOSE Separation of Licensee 12. USERRA Law 13. USERRA Frequently Asked Questions 14. Texas Administrative Code Title 37, Part 7, Chapter 217, Rule 217.1 15. Texas Government Code Section 613.002
FACTUAL SITUATION Rodney Bennett was a police offcer at the Dallas Independent School District (DISD) when he was called to active duty as a member of the Texas National Guard. Bennett was injured while deployed in Iraq when his vehicle was struck by an RPG. After his retirement from the military, Bennett sought to be reemployed as a Police Offcer with
the DISD. He was reinstated on May 20, 2009, but was subsequently terminated on
August 31, 2010.
OPINIONS On July 19, 2008, Bennett sent DISD Police Chief Blackburn an email informing him.....1 was involved in an RPG attack and my body got beat up pretty good. Due to my injuries
my military orders had been extended until I am back in original condition. I am currently in the hospital on a military base in Fort Benning, GA." (Bennett Responsive
Documents 483). Chief Blackburn replied to Bennett saying "It was great to hear from
you. I am sorr that you were injured but I am glad to hear that you are recovering. We
look forward to your return. Give me a call when you get your cell phone. Our thoughts and prayers are with you." (Bennett Responsive Documents 482 and 483).
Accrding to his own statement, Bennett had sent pictures showing his injuries to other
members of the DISD Police Department while he was stil deployed. (Bennett's
Complaint of Discrimination and Hostile work environment-DISD/R. Bennett 0280).
2

May 9,2012
By the time Bennett sought reemployment with DISD, it is my opinion that it was well known to Chief Blackburn, as well as to others on the DISD Police Department, that Bennett had been seriously injured while he was on military leave from OISD.
My understanding is that Bennett met with Chief Blackburn and Director of Operations Rene Ronquillo in May of 2009 seeking reemployment. He was told that he would have to go through the return to duty process with Benefits Outlook, a DISD contractor, and that any work restrictions would have to be addressed. On May 19, 2009, Bennett went
to a doctor of his own choosing for a physical fitness evaluation and it was determined that he had significant restrictions, restrictions that, in my opinion, would have
convinced a reasonable person that Bennett could not be deployed as a DISD Police Offcer. These restrictions were as follows: "No Walking or Running for Long periods of time. Unable to jump from elevated surfaces. Unable to jump over obstacles such as ditches, streams or fences; balance on
uneven or narrow surfaces.
Unable to use force to gain entry through barriers.

Unable to chase suspects or conduct perimeter searches. Unable to maintain a full range of motion of the neck and head. Unable to bend over, reach, crouch, climb stairs. Unable to drag one's own body weight in the course of performing related
duties."
"These restrictions are in place for 6 months."
"No Prolonged Standing for greater than 15 minutes.

No Climbing more than one flight of stairs."
The DISD Police Department utilizes a Position Description for Police Offcer (DISD/R. Bennett 0344-0345) that defines the job requirements including the following:
"Physical Demands:"
"The physical demands described here are representative of those that must be met by an employee to successfully perform the essentials functions of this job."
"While performing the duties of this job, the employee is regularly required to sit or stand for long periods of time; communicate verbally and electronically; hear
radio, alarm, and voice communication; use hands to finger, handle, or feel
objects, tools, or controls; reach with hands and arms; stand and move
throughout the building and/or to other facilities; and drive. Regularly required to bend, crouch, stoop, kneel, and/or crawl; climb; and balance. Must be able to maintain emotional control under stress. Frequently required to lift or exert force
of up to 25 pounds."
"Work Environment"
"The environmental characteristics described here are representative of those an employee encounters while performing the essential functions of this job:"
"The noise level in the work environment is usually moderate, May be required
to control sudden/extreme physical acts of others and exhibit rapid mental and
3

May 9,2012
muscular coordination simultaneously. May be exposed to varying climate

conditions, as well as adverse and hazardous working conditions, including but not limited to violent and armed confrontations."
It is my opinion that key members of DISD Police Department staff were justifiably concerned about Bennett's finess to perform the duties of a Police Officer because of his physical restrictions listed in his medical evaluation. Bennett was initially assigned to a sedentary position in plain clothes that was created to accmmodate his physical limitations. He was told he would be in that less demanding position until he could clear
the medical examination to establish that he was physically able to perform the duties of
Police Offcer. He was also told that, before he could return to allowed to work in a
Police Officer position, he would have to get a release from the VA; that he would have
to catch up on any Texas Commission on Law Enforcement Offcer Standards and
Education (TCLEOSE) training that he missed while on military deployment; and that he
would have to take a psychological examination and physical examination. It is my

opinion that the actions of DISD were reasonable, necessary and appropriate under the
circumstances. It would have been unreasonable and reckless for DISD to have
allowed Bennett to perform in a Police Offcer position when it was clearly established that he had received serious and traumatic injuries and stil had major physical
limitations that would affect his ability to perform in a Police Offcer position.
It is a long-standing practice for police departments to reassign police offcers to
sedentary positions when they are not physically able to perform in a regular police
offcer position. Police departments also routinely require police offcers returning from
extended time off for any reason to complete any TCLEOSE training they missed so
they are fully prepared to perform the duties of the position. Laws and techniques
change and offcers must be trained in those changes. Although Bennett stated he had
a TCLEOSE waiver, it is my opinion that he still needed the training he had missed
before being put back into a Police Offcer position. In my opinion, any TCLEOSE
waiver was for the continuing education requirements but not a blanket exemption for essential training he might have missed.
It has been widely reported by the news media that many returning soldiers who
received serious injuries in combat had also suffered Post-Traumatic Stress Disorder
(PTSD). In my opinion, given the seriousness of Bennett's injuries, it was not only
reasonable but also necessary for DISD to require an evaluation to determine Bennett's psychological fitness to perform the duties of a Police Offcer.
One of the TCLOESE requirements for licensing as a police offcer is that the applicant
be examined by a psychologist or psychiatrist and determined to be in satisfactory psychological and emotional health to perform in the position. Texas Administrative
Code, Title 37, Part 7, Chapter 217(a)(12). Police departments have always interpreted
this requirement not as a static one that requires satisfactory psychological and emotional health only at the licensing stage but rather a continuing requirement for
offcers to maintain satisfactory psychological and emotional health while on the job. In
my opinion, negligent retention liability exposure also forces departments to ensure that
offcers maintain satisfactory psychological and emotional health.

May 9,2012
It is a standard procedure or practice for police departments to require a physical and/or psychological reexamination when there is any indication that there might be limitations
to the ability of a Police Offcer to perform the duties and functions of the job. It is my
experience and strong conviction that departments must err on the side of caution in an effort to protect the officer as well as those in the community whom he is expected to
serve. In my opinion, a reasonable person would have taken the same or similar
precautions before returning Bennett to a field Police Offcer position by requiring him to undergo examinations to determine both physical and psychological fitness to perform
the duties of a Police Offcer. The authority, duties and responsibilities of a Police
Offcer, who is armed and is allowed to use deadly force under limited circumstances, are so significant that any police department must do everyhing it can to ensure that any person with such awesome authority, duties and responsibilities is both physically
and psychologically fit to perform.
It is my understanding that Bennett was, in fact, reemployed as a Police Officer and was
being paid as a Police Officer although he was temporarily deployed in the less
demanding position of unarmed Security Guard. It is my understanding that this was intended to be a temporary assignment until his fitness for duty was reestablished. It is my opinion that Bennett was not discriminated against in any way but rather that DISD was merely taking reasonable and appropriate steps to ensure that he was physically and psychologically capable of performing in a Police Offcer position before putting him in one. Particularly in a school Police Offcer position which requires the interaction with and protection of school kids, it is my opinion that it was essential for DISD to verify that Bennett was capable of doing the job before he was put into a Police Offcer position.
Bennett's claim that no one else had ever been put into a Security Guard position upon returning from military leave may be correct but it is my opinion that DISD would have taken the same step with anyone who had undergone the injuries that Bennett had
suffered. In my opinion, the DISD actions were simply the reasonable and responsible
steps for any police department to have taken. It is my opinion and experience that the DISD action in placing Bennett in a less demanding position until his fitness for duty medical was established was consistent with the general industry standard and practice.
It is my understanding that the Uniformed Services Employment and Reemployment

military service, including protection from discrimination against because of service in the uniformed services. It is important to note that USERRA clearly recognizes that some returning veterans may not be qualified for the same position for any number of reasons, including disability, and allows for placement"... in any other position which is
Rights Act (USERRA) contained in Title 38, United States Code, at chapter 43. (Sections 4301 through 4333) generally provides for reemployment rights following
equivalent in seniority, status, and pay consistent with the circumstances of such
person's case." (US Code, Title 38, Section 4313(a)(2)(3)(A&B)).
DISD reemployed Bennett as a Police Offcer with Police Offcer pay. They then
temporarily assigned him to a different, less demanding position until his fitness for Police Offcer duty could be reestablished. In my opinion, such action by DISD was reasonable and necessary and was not a violation of any right Bennett had under USERRA.
5

Expert Witness Report of
William M. Rathburn
May 9,2012
USERRA requires "reasonable efforts" to accommodate those returning with disabilities. Before DISD could attempt to make reasonable efforts to accmmodate Bennett, it was necessary for DISD to know what his disabilities were and what performance limitations he might have. DISD staff ordered him to obtain both a physical fitness evaluation and
a psychological fitness evaluation because of the nature and severity of his injuries.
Once he received a physical fitness return to work, Bennett then refused the DISD order to submit to a psychological evaluation for fitness. In my opinion, nothing in USERRA or any other law allows a person to knowingly withhold information on a disability that might affect the ability of the person to perform the duties of his job. In my opinion, that is what Bennett tried to do by refusing to undergo a psychological fitness evaluation.
Bennett knew he had received a Disability Rating of 70%, that was approved on January 5, 2009, and his Army retirement was effective on March 30, 2009. The disability rating was 50% for Posttraumatic Stress Disorder (DISD/Bennett 1748). It is
my opinion that Bennett refused to undergo the psychological fitness evaluation simply because he was trying to hide his PTSD disability. In my opinion, there is nothing to
support Bennett's charge that DISD discriminated against him because of his miliary
service that prevented his return to a Police Offcer position.
The USERRA website lists a number of responses to "Frequently Asked Questions." In my opinion, there are two particularly relevant questions and responses that are I have
quoted below:
"14. What if a person is not qualified for the reemployment position?"

"If a person has been gone from the civilan job for months or years, civilian
job skills
may have been dulled by a long period without use. A person must be (or become)
qualified to do the job to have reemployment rights, but USERRA requires the
employer to make "reasonable efforts" to qualify that person. "Reasonable efforts" means actions, including training, that don't cause undue hardship to the employer. If a person can't become qualified in the positions described in #13 after reasonable efforts by the employer, and if not disabled, the person must be employed in any other position of lesser status and pay, which he or she is qualified to perform, with full seniority. (Section 4313)."
"15. What if a returning service member is disabled?"

"USERRA also requires the employer to make "reasonable efforts" to accommodate persons with a disability incurred or aggravated during military service. If a person
returns from military service and is suffering from a disability that cannot be
accommodated by reasonable employer efforts, the employer is to reemploy the person in some other position he or she is qualified to perform and which is the 'nearest approximation' of the position to which the person is otherwise entitled, in
terms of status and pay, with full seniority."
It is my opinion that these two responses make it clear that USERRA recognizes and allows for situations such as Bennett's and that they support my conclusion that DISD actions were appropriate under the USERRA law.
It was subsequently determined that Bennett had been treated by Dr. Lindsey S. Pershern, MD and, in a letter dated January 14, 2010, he stated that he had been
treating Bennett since February 2009 and that Bennett had a diagnosis of Posttraumatic
6

May 9,2012
Stress Disorder (PTSD). He went on to say that Bennett"... is receiving treatment with medications and is involved in psychotherapy through our trauma services team. He is currently taking Venlafaxine, Prazosin, Zolpidem and Clonazepam to target symptoms of anxiety, depressed mood and insomnia related to nightmares." (Bennett Production Responses 247). Dr. Pershern went on to say that Bennett"... was not a risk to himself or others and does not have a history of these behaviors" and that "He does not have limitations in regards to work at this time." There is no indication that Dr. Pershern was familiar with the duties and responsibilties of a Police Offcer or that he had seen the
DISD Essential Functions for Police Offcer form. More importantly, it is my

understanding that this letter was not recived by DISD until they received it in the discovery process. In my opinion, this letter clearly establishes that DISD staff was
correct in their determination regarding the need for a psychological evaluation. I do not
pretend to be qualified to say that this tretment and/or these medications would
prevent him from performing as a Police Offcer but it is my opinion that Dr. Pershern's report would have caused a reasonable person to have insisted on a medical evaluation
on the overall psychological fitness issue. It is possible that Bennett may have been
eligible to return to work as a Police Ofcer had he submitted the report from Dr. Pershem to DISD so it could be considered. He did not. He also continued to refuse a psychological evaluation for fitness to perform as a Police Offcer until he was terminated. It is interesting to note that Bennett failed to list the medications Dr. Pershern said he
was taking when he had the following Concentra Medical Center physical examinations for fitness: On May 15, 2009, Bennett only listed Etodolac and Ibuprofen (DISD/R. Bennett 1725); On January 5,2010, he only listed Ibuprofen (DISD/R. Bennett 1703);
On April 6,2010, he only listed Lisinopril and Ibuprofen (DISD/R. Bennett 1691); and
On April
28, 2010, he only listed Lisinopril and Ibuprofen (DISD/R. Bennett 1715).
Texas Government Code Section 613.002.(b)(2) clearly states that a returning miltary service member must be "... physically and mentally qualified to perform the duties of that position." That physical and mental fitness was exactly what DISD was trying to determine. The Texas Government Code requirements are incorporated in the DISD policies and procedures identified as DECB (DISD/R. Bennett 0573).
After reviewing all of the emailsandotherdocumentsthatwereprovidedtome.itis my opinion that staff from the DISD Police Department and other several other DISD departments recognized from the outset that the reemployment of Bennett had to be
handled carefully and in compliance with the law. There were numerous people with a wide range of backgrounds and responsibilities who participated in the decision-making process at various stages including the School Attorney, a retired military Colonel who was the Executive Director of Human Resources at the time, and the Chairperson of the American with Disabilities Act Advisory Committee. In my opinion, there is nothing to support that this entire disparate group conspired to and discrminated against Bennett
and/or knowingly allowed others to discriminate against him. My opinion is that

everyone involved from DISD went above and beyond what was required of them in

May 9,2012
their collaborative efforts to assist Bennett in returning to a Police Officer position.
Bennett simply refused to cooperate.

By the time Bennett was finally terminated on September 20, 2010, DISD staff had spent 16 months trying to get him reexamined in their efforts to return him to the
position of Police Offr. Had he cooperated, his fitness to return to a Police Officer
position would have been quickly established, any work restrictions or limitations assessed and an informed decision made regarding how best to support Bennett's
recovery and to utilize his services during and after that process.
I have carefully reviewed the report by plaintiffs expert witness William Genet and find the report to be without much, if any, merit. Genet may be a good peer counselor but
there is no indication he has any knowledge or experience in managing a police organization.
Under Opinion #1, Genet states that "NYPD returnees are given services of
psychological evaluation coupled with a standard medical evaluation." In my opinion, what Genet failed to grasp was the point that the returnee must cooperate to allow such evaluations and must submit to them. DISD sought to have Bennett evaluated in the same manner as NYPD; however, Bennett did not cooperate, hid the fact that he had PTSD and refused an order to submit to a psychological evaluation.
In Opinion #2, Genet seems to claim to have counseled 5,000 police personnel in the ten months following the World Trade Center attacks. Even if he worked 60 hours a week for the entire ten months, he would have only had approximately 2600 hours available for such counseling. That would have allowed for little more than 30 minutes per counseling session. He also talks about police offcers and soldiers as "Warriors." In my opinion, the role of DISD school police offcer is clearly not one of a "Warrior" and
such a characterization would surely disturb parents and staff alike. In my opinion, the
DISD police offcer position in not at all similar to that of a NYPD offcer.
Genet also stated that NYPD and other departments "... are adopting practices and
policies that encourage our warriors to step forward and utilize the available resources
to get help early and avoid the stigmatization of continued accumulation of stress from traumatic events." Again, in this case, such assistance from DISD was not possible because of Bennett's refusal to cooperate.
In Opinion #3, Genet seems to indict DISD staff in general, and Lieutenant Howard in particular, based solely on Bennett's complaint. His opinion that DISD "...did not follow appropriate procedures and practices in connection with Mr. Bennett's return from active duty..." is offered without any support except from Bennett's complaint.
It is my understanding and experience that the standard practice for police departments
in reemploying personnel returning from any leave of absence is to require fitness physical and psychological evaluations. If nothing else, Genet's report seems to
support that point.
In my opinion, the fact that Bennett was a Dallas Independent School District Police Offcer imposed a greater responsibility on the Police Department staff to ensure psychological fitness before letting him return to a Police Offcer position. DISD police
offcers must constantly interact with children and must be in crowded hallways and
8

May 9,2012
classrooms where it is essential that they maintain a calm demeanor and composure in
every situation to prevent unnecessarily exciting the children involved. They also must handle diffcult emotionally and physically demanding situations with restraint to prevent escalation.
After Bennett received a physical return to work assessment, the DISD Americans with Disabilities Act Advisory Committee (ADAAC) reviewed the situation and concluded that Bennett was physical able to perform the essential functions of the police offcer position but that he needed to be psychologically evaluated. The Committee recommended
Bennett be reassigned to an open Police Dispatcher position until he had a

psychological clearance to return to a Police Offcer position.
Bennett was reassigned to the Police Dispatcher position effective May 3, 2010
a Dispatcher and he worked the position on May 14, 2010. Bennett then changed his
mind and submitted an email to Assistant Chief Avera and Betty Kosters on May 17, 2010, in which he respectfully declined the position (DISD/R. Bennett 0292). He later stopped reporting for duty and, in effect, abandoned his position with the DISD Police Department. Bennett was also insubordinate by failing to report for a psychological examination on July 22, 2010, after being given a direct order to do so. In my opinion,
(DISD/R. Bennett 0004). Bennett and his attorney agreed to accpt the assignment as
the DISD staff was as supportive and accommodating as they possible could be in
assisting Bennett but he made the decision not to cooperate and not to follow lawful orders.
Bennett was terminated effective on September 30, 2010. The reasons for the
termination listed in a letter from Dr. Claudia Rodriquez, Ph.D., the DISD Executive
Director of Human Resources, were listed as follows:
"Your last day of reporting to your assignment was June 23, 2010- you failed to report to work since then.
You failed to comply with department and supervisor directives/requirements. You failed to comply with a fitness for duty exam. You abandoned your position." (DISD/R. Bennett 0066-0067).
Bennett was given 15 days to file a grievan challenging the termination or it would become finaL. The termination document (DISD/R. Bennett 0001) shows that he chose not to utiize that administrative appeal process to challenge his termination thereby, in
my opinion, failing to exhaust his administrative remedies.
CONCLUSION It is my opinion that DISD actions in reemploying Bennett were reasonable, necessary
and appropriate and that they were consistent with the practices that other police
departments would have utilized under similar circumstances. DISD made numerous
and consistent efforts to assist Bennett in returning to a Police Offcer position but he refused to submit to a psychological examination for fitness and stopped reporting to work thereby abandoning his position with DISD. He was subsequently terminated.
It is my opinion that Bennett's refusal to comply with DISD directives and requirements
led to his termination and that there is insuffcient evidence to support that there was
any discrimination based on military service, disability or anything else.
9

May 9,2012
CASES WITH TESTIMONY AS AN EXPERT WITNESS I have testified as an expert witness in trial or by deposition in only the following case
during the last four years:

Christopher Bryant and Shante' Evans v. Home & Hearth Stemmons Freeway, L.P.
d/b/a Hearthside By Vilager (Dallas) and Central Leasing Management, Inc.

Dallas County, Texas County Court at Law NO.5 Cause No. CC-06-14752-E
State of Texas vs. Larry Finney Dallas County District Court NO.7 Cause No. F09-41136
COMPENSATION Compensation for my expert witness services is $275 per hour plus expenses.
This is a preliminary report and may have to be supplemented when more information is
available.
Wiliam M. Rathburn
Rathburn & Associates, Inc.
Attachments
1-Resume of William M. Rathburn
10

May 9,2012
WilLIAM M. RATHBURN
P.O. Box 930 Mineola, Texas 75773
903-569-9434
FAX 903-569-2648
Email: WMRathburn@aol.com
Professional Experience:
President
Rathburn and Associates, Incorporated
Since 1996
Work activities include general security consulting, police consulting, police

department management reviews, special event security, expert witness case review and testimony and corporate consulting.
Assisted the Greek government with security planning for 2004 Olympic Games as a
consultant to the U.S. State Department under the Anti-Terrorism Assistance
Program. Negotiated a corporate sponsorship for Sensormatic Electronics

Corporation, an electronic security company, for the 2002 Salt Lake City Olympic Games and assisted with sponsorship issues and Games preparations. Assisted South Africa on bids for the 2004 Olympic Games and the 2006 Soccer World Cup.
Served as Security Coordinator for World Energy Congress in Houston, the Harvard Business School Global Alumni Conference in Cape Town, South Africa, and the World Food Business Summits in Atlanta and Barcelona. Have served as consultant
to Raytheon, NorthropGrumman, TAC, Sensormatic Electronics, Washington

International Group, Exponent, Inc. and Wexford Group on homeland security and/or
other security issues. Licensed as a Qualified Security Manager by the Private Security Bureau of the
Texas Department of Public Safety (License No. A11122).
Director of Security Atlanta Committee for the Olympic Games

March 1993 to November 1996
Direct responsibility for all aspects of security planning, preparation and delivery for
1996 Olympic Games. Managed a $100 million budget and an Olympic Games security staff of more than 17,000. Coordinated the activities of 52 law enforcement agencies providing support for the Games. Oversaw and administered all security
operations for the largest Olympic Games in history with over 10,000 athletes and
8.6 million spectators.
11

Expert Witness Report of Willam M. Rathburn
May 9,2012
Chief of Police
Dallas, Texas Police Department
March 1991 to Marc 1993

Served as Chief of Police for the sixth largest police department in the United States.
Notable achievements included major reductions in crime and in the level of
community concern about police abuse. Established a civil abatement unit to

identify and resolve long-standing crime and quality of life issues.
Member of the Los Angeles Police Department 1963 to March 1991

Served as Police Offcer, Sergeant, Lieutenant, Captain, Commander and Deputy Chief.
Los Angeles Police Department Experience Highlights:
Commanding Officer, Operations-South Bureau

February 1988 to March 1991
Had line command over five divisions (Southwest, Southeast, 77th Street, Harbor
and South Traffc) that comprise South Central Los Angeles and the Los Angeles
Harbor area. With a force of 1300 sworn and civilian employees, had direct
responsibility for policing an area of 58 square miles with an ethnically diverse
population of 550,000. The area had approximately 20,000 identified gang members and experienced almost one homicide every day.
Commanding Officer, Personnel and Training Bureau

June 1986 to February 1988
Had line command of Personnel Division, Training Division, Behavioral Science Services Section and the Evaluation and Administration Secion. Had responsibility
for all centralized training, including recruit, in-service, supervisory and
management. Had responsibilty for all centralized personnel functions, including background investigation, employee records management, medical liaison and psychological services. Served as chairman of several Police Department boards
and committees including those covering the use of force by Police Department
personnel, awards for exceptional service and uniforms and equipment.
Responsible for developing policies on offcer tactics, for preparing final adjudication
reports on hundreds of offcer-involved shootings and other use-of-force cases, and for evaluating the offcers' use of force and tactics for training and policy purposes.
Commanding Officer, Support Services Bureau March 1985 to June 1986
Had line command over six support divisions, including Communications, Automated
Information, Scientific Investigation, Planning and Research, Records and

Identification and JaiL. Directed the activities of more than 1,200 employees and managed a budget totaling $30 million. Personally responsible for the acquisition of
a $7 millon Automated Fingerprint Identification System, which is now the most

effective such system in the world.
12

May 9,2012
Administrative Commander, Office of the Chief of Police

September 1984 to March 1985
Directly advis and assisted the Chief of Police on a wide range of issues.
Developed a plan to improve safety and security for major athletic events at the Los
Angeles Memorial Coliseum.
Olympic Games Planning Coordinator

February 1979 to September 1984 Directly responsible for all aspects of Los Angeles Police Department planning and preparation for the 1984 Summer Olympic Games. Developed the conceptual plan,
negotiated a $25.5 million budget, staffed the planning unit, acquired necessary
equipment, completed detailed security plans and oversaw the delivery of all police and emergency service for what was then the largest and most successful Olympic
Games in history. Chaired an Interagency Security Planning Committee with
responsibility for coordinating the activities of more than 50 law enforcement

agencies. Developed a model for interagency coordination that is still widely used for major special events.
Police Department Traffic Coordinator

January 1980 to September 1983
In addition to Olympic planning responsibilities, served as the LAPD Traffic

Coordinator with Citywide functional responsibility for traffc and line responsibility for
the traffc staff function. Responsible for developing traffc policies and procedures and served as the Police Department spokesperson on traffc matters. Represented the Police Department on the Los Angeles County Peace Offcers' Association
Traffic Committee, the California Peace Offcers' Association Traffic Committee and
the International Association of Chiefs of Police Highway Safety Committee.

October 1963 to February 1979
Various line and staff assignments in patrol, investigation, administration and

management as a Police Officer (five years), Sergeant (four years), Lieutenant (four years) and Captain (three years).
13

Expert Witness Report of Willam M. Rathburn
May 9,2012
Education:
University of Southern California

Master's Degree - Public Administration - 1976
Pepperdine Universit
Bachelor's Degree - Public Management - 1974 Northwestern University

Certificate - Traffc Police Administration - 1973
Cerritos College Asate of Ars Deree- Criminal Justi- 1972

Professional Affilations and Activities: International Association of Chiefs of Police
Lifetime Member
Fonner Member. Exective Board
Northwestern University Traffic Institute Alumni
Association
Member California Governor's Advisory Commission on Juvenile Justice and Delinquency Prevention Former Member Speaker/Lecturer - Numerous presentations on security,
street gangs, special event security and crowd management.
Awards:
Police Oficer of the Year 1985
International Association of Chiefs of Police and Parade Magazine
Los Angeles City Council Resolution of Commendation

Los Angeles Police Commission Unit Citation
(Only the second ever awarded)
Man of the Year 1984

Wilshire Rotary Club
Headliner of the Year 1992

Press Club of Dallas
Man of the Year 1992

Dallas Radio Station KRLD
Golden Torch News Maker of Year Award for 1992 African American Men against Narcotics
Order of the Rings Award, International Olympic Committee
14

DISD&#39;s Experts in Rodney Bennett Case

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Case 3:11-cv-00393-D Document 25 Filed 05/10/12

CASE NO. 3:11-CV-00393-D

May 10, 2012.

DEFENDANT DALLAS ISDS EXPERT WITNESS REPORTS

Case 3:11-cv-00393-D Document 25 Filed 05/10/12

DEFENDANT DALLAS ISDS EXPERT WITNESS REPORTS

Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12

PRICE, PROCTOR & ASSOCIATES, LLP

Telephone: 97Hi44-886.Facsimile: 972-4-8688

Timothy J. Proctor, Ph.D., ABPP

Preliminary Report of Review of Records

Rodney Bennett v. Dallas Independent School District

TEL: (214) 220-8305 FAX: (214) 220-9122 email: dbowen@laborlawyers.com

Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12

1. The potential impact ofPTSD on law enforcement personnelsjob performance; and

Veterans Affais (Bate Stamped Pages 642-

and TCLEOSE Forms (Bate Staped Pages 1732-1769);

5. Bennett Production Response Excerpts (P.1-8);

District (Cause #3-11CV0393-D);

Bennett v. Dallas Independent School Distrct (Cause #3-11 CV0393-D);

Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12

12. Plaintiffs Expert Witness (Bill Genet, President of

Police Organization Providing Peer

Opinions and Summary of Findings:

1) The potential impact of PTSD on law enforcement personnel's job penormance

Text Revision (DSM-IV-TR):

not limited to the following:

experience, illusions, hallucinations, and dissociative flashback episodes)

resemble an aspect of the traumatic event

the traumatic event

. Efforts to avoid thoughts, feelings, or conversations associated with the trauma

. Markedly diminished interest or paricipation in signficant activities

Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12

. Feeling of detachment or estrangement from others

. Sense of foreshortened future

2) Whether Mr. Bennett likely suffers from PTSD

Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12

experience from the past

. Feeling distant or cutoff from other people

. Feeling irrtable or having angry outbursts

. Having difficulty concentrating

jumpy or easily starled

mental ilness. This is primarly noted due to an evaluation on 2/12/09 that

Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12

Page 6 of 20 PageID 100

J. Randall Price, Ph.D.

J. Randall Price, Ph.D.

2008 Record of Expert Testimony

.v~u~~:..~""_..~ ........ .' Type Texas v. State of Criminal Aimee Fisher-Riza,

Cause No. F41 07

Cause No. 07-11-

11216-CV Percy Alexander, et al v. TGG Pipeline, et al

Mark Smith Touchstone Bernays Law Firm

Cynthia Hardee, Cause

Case 3:11-cv-00393-D Document 25-1 Filed 05/10/12

District Attorney's Office

Page 7 of 20 PageID 101

Attorney's Client State

i Criminal I Tarant TX County,

I In Re: Garry Thomas Allen

Valeria Maxon, Cause

Stephanie Anderson, Chris Anderson, Karen Bob and Rodney Bobo

Co., Inc. and Texas

DISD's Experts in Rodney Bennett Case

DISD's Experts in Rodney Bennett Case