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San Antonio Man Subjected to Public Body Cavity Search after Being Caught Driving While Black

Paschal Evans, a 27 year old Black man, was guilty only of riding in a car with three other Black men inside it. For this "crime" he was physically and sexually abused and humiliated by police in a public parking lot.

On or about March 9, 2007, around 12:30 AM, Plaintiff, with two other black males, was traveling as a guest in a friend's vehicle in the 2600 block of E. Commerce, located in East Bexar County, Texas, more commonly known as the "Eastside."

Plaintiff was picked up at his home by Mr. Kashiff Tibbs and two other friends to rehearse for a weekend concert performance. On the way to the rehearsal, while traveling down Rio Grand the four young black men came to a red light at Commerce and made a right turn onto Commerce towards downtown San Antonio.

On information and belief, police officer(s) in a marked SAPD police car was traveling on Commerce away from downtown. After looking at the four black males through Mr. Tibb's untinted car windows, the officer(s) made a u-turn and followed behind the car in which Plaintiff was a back seat guest. The officer(s) turned on his flashing lights and stopped Plaintiff and his three friends at a store parking lot at Commerce and Walters streets.

Plaintiff was seated in back seat behind the driver (Tibbs). The police officer, in full uniform and working with the gang detail, walked up to the car, opened the car door and told Plaintiff to get out while grabbing & pulling Plaintiff by the front of his shirt. The officer handcuffed Plaintiff, searched him by patting him down and reaching into his pockets. The officer didn't find anything.

A female officer pulled up and she took over handling Plaintiff from there. She patted Plaintiff down again and took his money and other property and put them on the hood of the police car-all property was later returned to Plaintiff. She put Plaintiff inside her police car; walked away and came back. She ran Plaintiff's name on her police computer; he was clear. She took Plaintiff out of her car.

Another officer asked for Plaintiff's status and the female officer said "he's all clear-no warrants." The officers started discussing what to do with Plaintiff.

Then the female officer told Plaintiff to take off his shoes & his socks. He complied-they found nothing. An officer stated "what do we do with him since he's clean." One of the officers said "go ahead and let him go."

Then another police officer [Garcia] said "let's check his Ass." Plaintiff became hysterical and said "you can take me to jail or I'll spread my cheeks myself but I don't want you touching me." The three male cops asked each other who wanted to do it and that same officer [Garcia] said "I'll do it."

Plaintiff, along with the other three African-American males, while handcuffed, were stripped searched and or cavity searched and his scrotums and penis fondled by Defendant Garcia on a public street. Garcia was in full uniform, with a badge and gun as were his fellow officers as they looked on in laughter making derogatory statements.

This outrageous story has gotten no play in the news, beyond some minimal local coverage. You can read the entire complaint against San Antonio City Manager Sheryl Sculley, Chief of Police William McManus, and slime bucket officers Pedro Garcia and Matthew Parkinson and others, below.

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