Case 1:25-cv-00378-DAE Document 1 Filed 03/13/25 Page 1 of 6
FILED
Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non-Prisoner)
MAR 1 2025
UNITED STATES DISTRICT COURT
CLERK, U.S. DISTRICT CLERK
WESTERN DISTRICT OF TEXAS
for the
BY
CR
Western District - of Texas
DEPUTY
Austin Division
Case No. £ 825CV00378 DAE DAE
Dukhan Durand Flowers
)
)
(to be filled in by the Clerk's Office)
)
Plaintiff(s)
)
(Write the full name of each plaintiff who is filing this complaint.
)
Jury Trial: (check one)
Yes
No
If the names of all the plaintiffs cannot fit in the space above,
please write "see attached" in the space and attach an additional
)
page with the full list of names.)
)
-V-
)
)
RECEIVED
Amanda Caitlin Yesiolowski
)
)
)
MAR 1 3 2025
Defendant(s)
)
(Write the full name of each defendant who is being sued. If the
)
names of all the defendants cannot fit in the space above, please
)
write "see attached" in the space and attach an additional page
WESTERN BY CLERK, hand U.S. DISTRICT DISTRICT DEPUTY OF adregient COURT CLERK TEXAS
with the full list of names. Do not include addresses here.)
COMPLAINT FOR VIOLATION OF CIVIL RIGHTS
(Non-Prisoner Complaint)
NOTICE
Federal Rules of Civil Procedure 5.2 addresses the privacy and security concerns resulting from public access to
electronic court files. Under this rule, papers filed with the court should not contain: an individual's full social
security number or full birth date: the full name of a person known to be a minor; or a complete financial account
number. A filing may include only: the last four digits of a social security number: the year of an individual's
birth: a minor's initials; and the last four digits of a financial account number.
Except as noted in this form, plaintiff need not send exhibits, affidavits, grievance or witness statements, or any
other materials to the Clerk's Office with this complaint.
In order for your complaint to be filed, it must be accompanied by the filing fee or an application to proceed in
forma pauperis.
Page I of 6
Case 1:25-cv-00378-DAE
Document 1
Filed 03/13/25
Page 2 of 6
Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non-Prisoner)
I.
The Parties to This Complaint
A.
The Plaintiff(s)
Provide the information below for each plaintiff named in the complaint. Attach additional pages if
needed.
Name
Dukhan Flowers
Address
3181 Grand Ave.
Omaha
Ne
68111
City
State
Zip Code
County
Douglas
Telephone Number
712-227-2835
E-Mail Address
Flowers234@mail.com
B.
The Defendant(s)
Provide the information below for each defendant named in the complaint, whether the defendant is an
individual, a government agency, an organization, or a corporation. For an individual defendant,
include the person's job or title (if known) and check whether you are bringing this complaint against
them in their individual capacity or official capacity, or both. Attach additional pages if needed.
Defendant No. 1
Name
Amanda Caitlin Yesiolowski
Job or Title (if known)
Police Officer for the Austin City Police Department
Address
715 East 8th Street
Austin
Tx
78701
City
State
Zip Code
County
Travis
Telephone Number
(512) 974-5030
E-Mail Address (if known)
Unknown
Individual capacity
Official capacity
Defendant No. 2
Name
Job or Title (if known)
Address
City
State
Zip Code
County
Telephone Number
E-Mail Address (if known)
Individual capacity
Official capacity
Page 2 of 6
Case 1:25-cv-00378-DAE Document 1 Filed 03/13/25 Page 3 of 6
Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non-Prisoner)
Defendant No. 3
Name
Job or Title (if known)
Address
City
State
Zip Code
County
Telephone Number
E-Mail Address (if known)
Individual capacity
Official capacity
Defendant No. 4
Name
Job or Title (if known)
Address
City
State
Zip Code
County
Telephone Number
E-Mail Address (if known)
Individual capacity
Official capacity
II.
Basis for Jurisdiction
Under 42 U.S.C. § 1983, you may sue state or local officials for the "deprivation of any rights, privileges, or
immunities secured by the Constitution and [federal laws]." Under Bivens V. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971), you may sue federal officials for the violation of certain
constitutional rights.
A.
Are you bringing suit against (check all that apply):
Federal officials (a Bivens claim)
State or local officials (a § 1983 claim)
B.
Section 1983 allows claims alleging the "deprivation of any rights, privileges, or immunities secured by
the Constitution and [federal laws)." 42 U.S.C. § 1983. If you are suing under section 1983, what
federal constitutional or statutory right(s) do you claim is/are being violated by state or local officials?
The Eighth Amendment cruel and unusual punishment.
C.
Plaintiffs suing under Bivens may only recover for the violation of certain constitutional rights. If you
are suing under Bivens, what constitutional right(s) do you claim is/are being violated by federal
officials?
Page 3 of 6
Case 1:25-cv-00378-DAE
Document 1
Filed 03/13/25
Page 4 of 6
Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non-Prisoner)
D.
Section 1983 allows defendants to be found liable only when they have acted "under color of any
statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia."
42 U.S.C. § 1983. If you are suing under section 1983, explain how each defendant acted under color
of state or local law. If you are suing under Bivens, explain how each defendant acted under color of
federal law. Attach additional pages if needed.
Amanda Caitlin Yesiolowski badge #10238 is a police officer for the Austin City Texas police d
epartment.
III.
Statement of Claim
State as briefly as possible the facts of your case. Describe how each defendant was personally involved in the
alleged wrongful action, along with the dates and locations of all relevant events. You may wish to include
further details such as the names of other persons involved in the events giving rise to your claims. Do not cite
any cases or statutes. If more than one claim is asserted, number each claim and write a short and plain
statement of each claim in a separate paragraph. Attach additional pages if needed.
A.
Where did the events giving rise to your claim(s) occur?
Near the corner of Kings Hwy & St Albans Blvd, Austin, TX 78745
B.
What date and approximate time did the events giving rise to your claim(s) occur?
December 18th 2024 at approx. 11:41 PM
C.
What are the facts underlying your claim(s)? (For example: What happened to you? Who did what?
Was anyone else involved? Who else saw what happened?)
1. Austin City police officer Amanda Caitlin Yesiolowski (Officer Yesiolowski) badge #10238, W
hile arresting Dukhan Flowers (Flowers) knowingly and intentionally caused bodily injuries by e
xcessively applying and over tightening hand cuffs on both of Flowers wrist, and then leaving
them on of both risk for appoximately one hour, while she completed her police report in her
patrol vehicle, and then transferring Dukhan Flowers to the Travis County Jail located at 500
W 10th St, Austin, TX 78701. 2. Flowers made several request to Officer Yesiolowski to adjus
t the cuffs, but officer Yesiolowski deliberatley ignored all request. 3.Officers Saenz #9259 an
d Sisson #9441, where both on the scene to witness officer Yesiolowski apply and leave the
hand cuffs on Flowers wrist. 4. Officer Glasson #9936 arrived on the scene and refused a req
uest from Flowers to adjust the cuffs, even though Flowers offered to put his hands out of t
he window to prevent from having to be removed from the vehicle.
Page 4 of 6
Case 1:25-cv-00378-DAE
Document 1
Filed 03/13/25
Page 5 of 6
Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non-Prisoner)
IV.
Injuries
If you sustained injuries related to the events alleged above, describe your injuries and state what medical
treatment, if any, you required and did or did not receive.
5. The hand cuffs caused cuts and bleeding on both of Dukhan
Flowers wrist. 6. The hand cuffs cut off blood circulation to both
of Dukhan Flowers wrist causing his hands to turn blue.
7. The cut off of blood circulation caused numbness in Flowers
left hand, for approximately two and a half months after the
incident occured.
8. Flowers reported and showed his injuries to Travis County
jail staff, his bond setting temporary attorney, his court
appointed attorney, and took photos with his jail assigned
tablet during the tablets log in. 9. These actions by Officer
Amanda Caitlin Yesiolowski violated Dukhan Flowers civil right
to be free from cruel and unusual punishment. 10. Due to the
violent acts committed by Amanda Caitlin Yesiolowski, it has
caused Dukhan Flowers physical pain and injuries, emotional
distress, and scars left on Flowers's right wrist.
V.
Relief
State briefly what you want the court to do for you. Make no legal arguments. Do not cite any cases or statutes.
If requesting money damages, include the amounts of any actual damages and/or punitive damages claimed for
the acts alleged. Explain the basis for these claims.
11. Flowers is requesting monetary damages in the amount of
$11 million dollars.
Page 5 of 6
Case 1:25-cv-00378-DAE Document 1 Filed 03/13/25 Page 6 of 6
Pro Se 15 (Rev. 12/16) Complaint for Violation of Civil Rights (Non-Prisoner)
VI.
Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,
and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a
nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the
requirements of Rule 11.
A.
For Parties Without an Attorney
I agree to provide the Clerk's Office with any changes to my address where case-related papers may be
served. I understand that my failure to keep a current address on file with the Clerk's Office may result
in the dismissal of my case.
Date of signing: 03/07/2025
Signature of Plaintiff
HR
Printed Name of Plaintiff
B.
For Attorneys
Date of signing:
Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law Firm
Address
City
State
Zip Code
Telephone Number
E-mail Address
Page 6 of 6
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RECEIVED Document 2 Filed 03/13/25 Page 1 of 6
MAR 1 3 2025
CLERK, U.S. DISTRICT COURT
WESTERN BY DISTRICT OF Codrigient TEXAS
FILED
DEPUTY CLERK
Attachment 5 - Application to Proceed In Forma Pauperis and Financial Affidavit in
Support (Austin Division MAR 3 2025
IN THE UNITED STATES DISTRICT COURT
CLERK, U.S. DISTRICT CLERK
WESTERN DISTRICT OF TEXAS
FOR THE WESTERN DISTRICT OF TEXAS
BY
aR
AUSTIN DIVISION
DEPUTY
Dukhan Durand Flowers
$
V.
§ § Case No. { : 25CV00378 DAE
Amanda Caitlin Yesiolowski
§
§
APPLICATION TO PROCEED IN FORMA PAUPERIS
AND FINANCIAL AFFIDAVIT IN SUPPORT
Dukhan Durand Flowers
I,
declare that I am the Applicant in the above-entitled proceeding. I am requesting permission to
proceed without being required to prepay fees, costs, or give security therefor. In support of my
application, I state that because of my poverty, I am unable to pay the costs of said proceeding or
give security therefor and I believe I am entitled to relief. The nature of my action is briefly stated
as follows:
Poverty
In further support of this application, I answer the following questions:
Applicant's Name: Dukhan Durand Flowers
Applicant's Home Address: 3181 Grand Ave., Omaha, Ne 68111
Questions Regarding Ability to Pav
Employment:
Are you now employed? Yes
No
Am Self Employed
N/A
If yes, how much do you earn per month?
$
If no, give month and year of last employment:
N/A
N/A
How much did you earn per month?
$
36
Rev. Ed. October 26, 2017
Case 1:25-cv-00378-DAE Document 2 Filed 03/13/25 Page 2 of 6
N/A
Name and Address of current or prior employer:
N/A
If married, state Spouse's name:
Is your Spouse employed? Yes
No
If working, how much does your spouse earn? $
N/A
Do you receive any funds from relatives or for child support? If so, how much per month do you
receive? $
N/A
Other Income:
Have you received within the past 12 months any income from a business, profession or other form
of self-employment, or in the form of rent payments, interest, dividends, retirement or annuity
payments (such as Social Security benefits), or other sources, including government benefits (such
as A.F.D.C. or Social Security disability benefits)?
Yes
No
If yes, give the amount and identify the sources:
Received
Sources
EBT
$290.00
$
$
$0.00
N/A
$
$0.00
N/A
$
$0.00
N/A
37
Rev. Ed. October 26, 2017
Case 1:25-cv-00378-DAE Document 2 Filed 03/13/25 Page 3 of 6,
Cash:
Have you any cash on hand or money in savings or checking accounts?
Yes
Nov
If yes, state total amount: $
N/A
If neither you nor your spouse receive income of any kind, how are you able to pay for food and
shelter?
Food with EBT
Property:
Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property
(excluding ordinary household furnishings and clothing)?
Yes
No
If yes, give value and describe it and say in whose name the property is registered.
Value
Description
N/A
$
N/A
N/A
$ N/A
$ N/A
N/A
$ N/A
N/A
Family Status and Dependents:
Marital Status: Single
Married
Widowed
Separated
or Divorced
Total Number of Dependents:
0
Are any of your dependents employed? If so, where:
N/A
How much do your dependent(s) earn monthly? $
N/A
38
Rev. Ed. October 26. 2017
Case 1:25-cv-00378-DAE Document 2 Filed 03/13/25 Page 4 of 6
List persons you actually support, your relationship to them:
N/A
Do you pay alimony or child support or any other court-ordered payments? Yes
No
If yes, list how much and describe:
N/A
Monthly Debts of Applicant and/or Dependents
Type of Debt
Name of Creditor
Total Debt
Payment
N/A
N/A
$ N/A
$ N/A
N/A
N/A
$ N/A
N/A
$ N/A
N/A
$N/A
$ N/A
N/A
N/A
$ N/A
$ N/A
Monthly Expenses of Applicant and/or Dependents
Rent or House Payment:
$
N/A
Electric & Water Bills:
$ N/A
Gas:
$
N/A
Phone:
$
N/A
N/A
Insurance:
$
N/A
For what purpose:
39
Rev. Ed. October 26, 2017
Case 1:25-cv-00378-DAE Document 2 Filed 03/13/25 Page 5 of 6
N/A
Prescriptions:
$
N/A
For what purpose:
Transportation/Car Payments:
$
N/A
N/A
For what purpose:
N/A
Medical Bills:
$
N/A
For what purpose:
Legal Bills:
$
N/A
For what purpose:
N/A
Loans:
$ N/A
N/A
For what purpose:
N/A
Miscellaneous:
$
N/A
For what purpose:
Is there any more information the Court should consider in making its determination?
no
40
Rev. Ed. October 26, 2017
Case 1:25-cv-00378-DAE Document 2 Filed 03/13/25 Page 6 of 6
AFFIDAVIT OF APPLICANT
I declare under penalty of perjury the above answers and statements to be true and correct to
the best of my knowledge. I understand that this affidavit will become an official part of the United
States District Court files and that any false or dishonest answer or statements knowingly made by
me in this Financial Affidavit are illegal and may subject me to criminal penalties, including any
applicable fines or imprisonment, or both.
Signature: Ha
Dukhan Flowers
Printed Name:
03/07/2025
Date:
41
Rev. Ed. October 26, 2017
Case 1:25-cv-00378-DAE Document 3 Filed 03/13/25 Page 1 of 2 FILED
February 06, 2025
CLERK, U.S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS
IN THE UNITED STATES DISTRICT COURT
BY:
Alicia Davis
FOR THE WESTERN DISTRICT OF TEXAS
DEPUTY
AUSTIN DIVISION
IN RE: COURT DOCKET
§
MANAGEMENT
§
§
FOR AUSTIN DIVISION
§
ORDER
In accordance with the authority vested in the United States Magistrate
Judge pursuant to Rule 1 of the Local Rules for the Assignment of Duties to United
States Magistrates, Appendix C of the Local Court Rules of the United States
District Court for the Western District of Texas, it is ORDERED that,
with regard to cases assigned to the Honorable David A. Ezra, the following
matters shall be referred to a United States Magistrate Judge for the Austin
Division, allocated pursuant to the Clerk of the Court's standard procedure, for the
types of actions listed below:
(1) All cases brought pursuant to 28 U.S.C. §§ 2241, 2254 (excluding cases
in which a sentence of death was imposed), and 2255 (excluding cases in
which a sentence of death was imposed), cases brought by federal prisoners
and detainees challenging conditions of confinement, cases brought by
prisoners pursuant to 42 U.S.C. § 1983, and cases seeking judicial review of
social security decisions shall be assigned to a United States Magistrate
Case 1:25-cv-00378-DAE Document 3 Filed 03/13/25 Page 2 of 2
Judge for the Austin Division for disposition of all non-dispositive pretrial
matters as provided in 28 U.S.C. § 636(b)(1)(A), and for finding; and
recommendations on all case dispositive motions as provided in 28 U.S.C.
§ 636(6)(1)(B).
(2) Any case in which application to proceed in forma pauperis has been
made, other than a case described in paragraph (1) above, shall be referred to
a United States Magistrate Judge for the Austin Division for disposition of
the application to proceed in forma pauperis, disposition of any motion for
appointment of counsel, and for a prompt recommendation as to whether the
case should be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e). Upon
completion of the above tasks, the Magistrate Judge shall return the case to
the district court for further proceedings.
IT IS so ORDERED.
SIGNED: February 6, 2025.
David Dea Alan Ezra
Senior United States District Judge
Case 1:25-cv-00378-DAE Document 4 Filed 04/01/25 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
DUKHAN DURAND FLOWERS,
§
Plaintiff,
§
V.
§
§
A-25-CV-378-DAE-ML
AMANDA CAITLIN YESIOLOWSKI,
§
Defendant.
§
ORDER ON IN FORMA PAUPERIS STATUS
Before the court is Plaintiff's Application to Proceed in District Court Without Prepaying
Fees or Costs (Dkt. 2). 1 The undersigned has reviewed Plaintiff's financial affidavit and
determined that Plaintiff is indigent and should be granted leave to proceed in forma pauperis,
without prepayment of fees.
Accordingly, the undersigned hereby GRANTS Plaintiff's request. The Clerk of the Court
shall file Plaintiff's complaint without prepayment of fees or costs or giving security therefor
pursuant to 28 U.S.C. § 1915(a). This indigent status is granted subject to a later determination the
action should be dismissed if the allegation of poverty is untrue or the action is found frivolous or
malicious pursuant to 28 U.S.C. § 1915(e). Plaintiff is further advised, although he has been
granted leave to proceed in forma pauperis, a court may, in its discretion, impose costs of court at
the conclusion of this lawsuit, as in other cases. See Moore v. McDonald, 30 F.3d 616, 621 (5th
Cir. 1994).
The undersigned notes that Plaintiff alleged a violation of the Eighth Amendment in his 42
1
"Any case in which application to proceed in forma pauperis has been made, other than a case described in
paragraph (1) above, shall be referred to a United States Magistrate Judge for the Austin Division for disposition of
the application to proceed in forma pauperis, disposition of any motion for appointment of counsel, and for a prompt
recommendation as to whether the case should be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e). Upon
completion of the above tasks, the Magistrate Judge shall return the case to the district court for further proceedings."
Dkt. 3 (Judge Ezra Standing Order, February 6, 2025).
Case 1:25-cv-00378-DAE Document 4 Filed 04/01/25 Page 2 of 2
U.S.C. § 1983 claim. The Eighth Amendment only applies to convicted prisoners, not to pretrial
detainees or arrestees. See Rogge v. City of Richmond, Tex., 995 F. Supp. 2d 657, 666 (S.D. Tex.
2014) (citing Jacobs v. W. Feliciana Sheriff's Dep't, 228 F.3d 388, 393 (5th Cir.2000)). However,
pro se complaints are liberally construed in favor of the plaintiff. Haines V. Kerner, 404 U.S. 519,
20-21 (1972). Pro se status does not offer a plaintiff an "impenetrable shield, for one acting pro
se has no license to harass others, clog the judicial machinery with meritless litigation, and abuse
already overloaded court dockets." Farguson v. MBank Houston N.A., 808 F.2d 358, 359 (5th Cir.
1986). Based on the factual allegations in the complaint, the undersigned construes Plaintiff's claim
as arising under the Fourth Amendment's right against excessive force, as incorporated against the
states by the Fourteenth Amendment, and found that Plaintiff stated a claim that was not meritless
or frivolous. See Young v. Bragg, 2010 WL 11545568, at *1, n.4 (W.D. Tex. Apr. 23, 2010) (citing
Franklin v. Rose, 765 F.2d 82, 85 (6th Cir. 1985) (explaining liberal construction allows active
interpretation of a pro se pleading to encompass any allegation which may raise a claim for federal
relief)).
The undersigned FURTHER ORDERS the Clerk of the Court shall issue summons and
the United States Marshal is ordered to commence service of process, including service of
Plaintiff's Complaint upon named defendants under Rules 4 and 5 of the Federal Rules of Civil
Procedure.
The referral of this case to the undersigned should now be CANCELED.
SIGNED April 1, 2025.
MARK LANE
UNITED STATE ML MAGISTRATE JUDGE
Case 1:25-cv-00378-DAE
Document 5
Filed 08/14/25
Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
Western District of Texas (Austi
Dukhan Durand Flowers
)
)
)
)
Plaintiff(s)
)
)
V.
Civil Action No. 1:25-cv-00378 DAE
)
Amanda Caitlin Yesiolowski
)
)
)
)
Defendant(s)
)
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address) Amanda Caitlin Yesiolowski
Police Officer for the City of Austin Police Department
715 East 8th Street
Austin TX 78701
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are: Dukhan Durand Flowers
3181 Grand Ave
Omaha, NE 68111
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT, PHILIP J. DEVLIN
Date:
08/14/2025
INTERNATES ATES DISTRICT COURT
pepela Deputy Clerk
WESTERNING DISTRICT OF TEN
Case 1:25-cv-00378-DAE
Document 5
Filed 08/14/25
Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:25-cv-00378 DAE
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
.
I personally served the summons on the individual at (place)
on (date)
; or
I left the summons at the individual's residence or usual place of abode with (name)
,
a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual's last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
My fees are $
for travel and $
for services, for a total of $
0.00
.
I declare under penalty of perjury that this information is true.
Date:
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
Case 1:25-cv-00378-DAE Document 6 Filed 09/15/25 Page 1 of 5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
DUKHAN DURAND FLOWERS,
§
Plaintiff,
§
§
V.
§
CIVIL ACTION NO. 1:25-CV-00378
§
AMANDA CAITLIN YESIOLOWSKI
§
Defendant.
§
DEFENDANT AMANDA CAITLIN YESIOLOWSKI'S ANSWER AND
AFFIRMATIVE DEFENSES TO PLAINTIFF'S ORIGINAL COMPLAINT
TO THE HONORABLE UNITED STATES DISTRICT COURT:
Defendant Amanda Caitlin Yesiolowski files this Answer and Affirmative Defenses to
Plaintiff's Complaint for Violation of Civil Rights [Doc. No. 1]. Pursuant to Rules 8 and 12 of the
Federal Rules of Civil Procedure, the Defendant respectfully shows the Court the following:
ORIGINAL ANSWER
Pursuant to Federal Rule of Civil Procedure 8(b), Defendant responds to each of the
specific averments in Plaintiff's Complaint for Violation of Civil Rights [Doc No. 1] as set forth
below. To the extent that Defendant does not address a specific averment made by Plaintiffs,
Defendant expressly denies that averment.¹
I. PARTIES TO THIS COMPLAINT
A. Admit that the Plaintiff filing the lawsuit is Dukhan Flowers. Plaintiff lacks sufficient
information to admit or deny the remaining information in this paragraph.
B. Admit Amanda Yesiolowski is an officer employed with the Austin Police Department which
is located at the listed address. Defendant denies the listed phone number is accurate.
1 Paragraph numbers in Defendant's Answer correspond to the paragraphs in Plaintiff's Complaint for Violation of
Civil Rights.
Case 1:25-cv-00378-DAE
Document 6
Filed 09/15/25
Page 2 of 5
II.
BASIS FOR JURISDICTION
A. Defendant admits that Plaintiff alleges a claim under 42 U.S.C. § 1983.
B. Paragraph II B contains no allegation of fact and requires no response. Otherwise, Defendant
denies the allegations of the paragraph.
C. Paragraph II C is blank and therefore Defendant is not required to respond. To the extent that a
response is required: denied.
D. Defendant admits to the identity, occupation, employer, and badge number of Officer Amanda
Yesiolowski. To the extent this section makes any other allegations, Defendant denies same.
III.
STATEMENT OF CLAIM
A. Admit
B. Defendant admits to the date of the incident. At this time, Defendant is without sufficient
knowledge to admit the exact time and therefore denies same.
C.
1. Defendant admits to having arrested Plaintiff, being a police officer, and having badge number
10238. Defendant denies all other allegations.
2. Denied
3. Defendant admits that Officers Saenz #9259 and Sisson #9441 were present during the incident
and that Defendant handcuffed Plaintiff. Defendant denies all other allegations.
4. Defendant admits that Officer Glasson #9936 was present during the incident. Defendant is
without sufficient knowledge or information to form a belief of the truth of the remaining
allegations and therefore deny same.
IV.
INJURIES
5. Defendant is without sufficient knowledge or information to form a belief of the truth of the
remaining allegations and therefore deny same.
6. Defendant is without sufficient knowledge or information to form a belief of the truth of the
remaining allegations and therefore deny same.
Page 2 of 5
Case 1:25-cv-00378-DAE
Document 6
Filed 09/15/25
Page 3 of 5
7. Defendant is without sufficient knowledge or information to form a belief of the truth of the
remaining allegations and therefore deny same.
8. Defendant is without sufficient knowledge or information to form a belief of the truth of the
remaining allegations and therefore deny same.
9. Denied
10. Denied
V.
RELIEF
11. Defendant admits Plaintiff seeks the requested relief. Otherwise, Defendant denies liability for
the relief requested in this paragraph and denies that Plaintiff is entitled to any relief whatsoever
from this Defendant.
AFFIRMATIVE DEFENSES
1. Defendant denies any deprivation under color of statute, ordinance, custom, or abuses of any
rights, privileges, or immunities secured to the plaintiff by the United State Constitution, state law,
or 42 U.S.C. § 1983, et seq.
2. Defendant asserts the affirmative defense of qualified/official immunity for actions taken in the
course and scope of her employment.
3. Defendant asserts the affirmative defense that Plaintiff failed to mitigate damages, if any, and
assert this failure to mitigate both as an affirmative defense and as a reduction in the damage
amount, if any, due Plaintiff.
4. Defendant asserts the affirmative defense of contributory negligence. Plaintiff's claims are
barred in whole or in part by Plaintiff's contributory negligence. Plaintiff, by his actions, failed to
exercise ordinary care for his safety. His actions contributed at least fifty-one percent to his alleged
injuries and the damages asserted in this case.
5. Defendant affirmatively pleads that the Plaintiff's claims are barred in whole or in part since
Plaintiff's intentional acts were the proximate cause, or a proximate contributing cause, of his
alleged injuries and damages asserted in this case.
6. Defendant pleads that she had a legal justification for each and every action taken by her relating
to this incident based on the information available to her at the time.
7. Defendant asserts additional affirmative defenses throughout the development of this case, as
may become applicable, including Statute of Limitations.
Page 3 of 5
Case 1:25-cv-00378-DAE Document 6 Filed 09/15/25 Page 4 of 5
8. Defendant reserves the right to assert additional affirmative defenses throughout the
development of this case.
DEFENDANT'S PRAYER
Defendant Amanda Caitlin Yesiolowski prays that all relief requested by Plaintiff be
denied, that the Court dismiss this case with prejudice, and that the Court award Defendant costs
and attorney's fees, and any additional relief to which it is entitled under law or equity.
RESPECTFULLY SUBMITTED,
DEBORAH THOMAS, CITY ATTORNEY
SARA SCHAEFER, ACTING LITIGATION CHIEF
/s/ Nicholas Heflin
NICHOLAS HEFLIN
State Bar No. 24144453
nicholas.heflin@austintexas.gov
City of Austin-Law Department
Post Office Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-6425
ATTORNEY FOR DEFENDANT
Page 4 of 5
Case 1:25-cv-00378-DAE Document 6 Filed 09/15/25 Page 5 of 5
CERTIFICATE OF SERVICE
I certify that on the 15th day of September 2025, I served a copy of Defendant Amanda
Caitlin Yesiolowski's Answer and Affirmative Defenses to Plaintiff's Original Complaint on all
parties, by and through their attorney of record, in compliance with the Federal Rules of Civil
Procedure.
Via CM/ECF and Via US Mail:
Dukhan Flowers
Flowers234@mail.com
3181 Grand Ave
Omaha, Nebraska 68111
Telephone: (712) 227-2835
PRO SE PLAINTIFF
/s/ Nicholas Heflin
NICHOLAS HEFLIN
Page 5 of 5
Case 1:25-cv-00378-DAE Document 7 Filed 09/16/25 Page 1 of 7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
Dukhan Flowers
§
§
vs.
§
NO: AU:25-CV-00378-DAE
§
Amanda Caitlin Yesiolowski
§
ORDER FOR SCHEDULING RECOMMENDATIONS
AND ADVISORY CONCERNING MAGISTRATE JUDGE ASSIGNMENT
At the request of the Bar, the District Judges have implemented a procedure
whereby a Magistrate Judge is assigned to each civil case at the time it is filed.
The assignments are made randomly and are evenly divided among the Magistrate
Judges. If a pretrial matter is referred by the District Judge, it will be handled by
the Magistrate Judge to whom the case was assigned. Similarly, if the parties
consent to Magistrate Judge jurisdiction, the case will be placed on the docket of
the assigned Magistrate Judge for all future proceedings, including entry of
judgment. The United States Magistrate Judge assigned to this case is the
Honorable Lane.
In an effort to assist the parties in resolving this dispute as expeditiously and
efficiently as possible, and in accordance with Rule CV-16(c) of the Local Court
Rules of the Western District of Texas,
IT IS HEREBY ORDERED that the parties shall submit a proposed
scheduling order to the Court within thirty (30) days from the date of this order.
The parties shall first confer as required by Fed R. Civ. P. 26(f). The content of
the proposed scheduling order shall include proposals for all deadlines set out in
the form for scheduling order attached hereto and contained in Appendix "B" to
Case 1:25-cv-00378-DAE Document 7 Filed 09/16/25 Page 2 of 7
the Local Rules. The parties shall endeavor to agree concerning the contents of
the proposed order, but in the event they are unable to do so, each party's position
and the reasons for the disagreement shall be included in the proposed schedule
submitted to the court. In the event the plaintiff has not yet obtained service on all
defendants, the plaintiff shall include an explanation of why all parties have not
been served. The scheduling proposals of the parties shall be considered by
the trial court, but the setting of all dates is within the discretion of the Court.
The parties shall indicate in the proposed order that they have in fact conferred as
required by the federal rules of procedure.
The proposed scheduling order shall contain suggestions for the following
deadlines:
1. The parties must mediate this case and file a report in accordance with
Rule 88 after the mediation is completed.
2. The parties asserting claims for relief shall submit a written offer of
settlement to opposing parties (the standard period being 90 days after the first
defendant's appearance), and each opposing party shall respond, in writing (the
standard period being 104 days after the first defendant's appearance).
3. The parties shall file all motions to amend or supplement pleadings or to
join additional parties by (the standard period being 120 days after the first
defendant's appearance).
4. All parties asserting claims for relief shall file their designation of
potential witnesses, testifying experts, and proposed exhibits, and shall SERVE
ON ALL PARTIES, BUT NOT FILE the materials required by Fed. R. Civ.
P. 26(a)(2)(B) by (the standard period being 90 days before the discovery
deadline). Parties resisting claims for relief shall file their designation of potential
witnesses, testifying experts, and proposed exhibits, and shall SERVE ON ALL
Case 1:25-cv-00378-DAE Document 7 Filed 09/16/25 Page 3 of 7
PARTIES, BUT NOT FILE the materials required by Fed. R. Civ. P.
26(a)(2)(B) by (the standard period being 45 days before the close of discovery).
All designations of rebuttal experts shall be filed within 14 days of receipt of the
report of the opposing expert.
5. An objection to the reliability of an expert's proposed testimony under
Federal Rule of Evidence 702 shall be made by motion, specifically stating the
basis for the objection and identifying the objectionable testimony, within (the
standard period being 30 days) days of receipt of the written report of the expert's
proposed testimony, or within (the standard period being 30 days) days of the
expert's deposition, if a deposition is taken, whichever is later.
6. The parties shall complete discovery (the standard period being six
months after the first defendant's appearance). Counsel may by agreement
continue discovery beyond the deadline, but there will be no intervention by the
Court except in extraordinary circumstances, and no trial setting will be vacated
because of information obtained in post-deadline discovery.
7. All dispositive motions shall be filed (the standard period being 30 days
after the discovery deadline). Dispositive motions as defined in Local Rule
CV-7(c) and responses to dispositive motions shall be limited to (the standard
page limit for this Court is 20) pages in length. The court will set a hearing on
such motions for a date after the deadline for responses and replies.
8. This case will not be set for trial until after dispositive motions, if any,
have been ruled on. If parties elect not to file dispositive motions, they must
contact the courtroom deputy, Priscilla Springs at (210) 472-6550 ext. 5016,
or by email Priscilla_Springs@txwd.uscourts.gov in order to set a trial date.
The Court will set the case for trial by separate order. The order will establish trial
type deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g).
Case 1:25-cv-00378-DAE Document 7 Filed 09/16/25 Page 4 of 7
IT IS so ORDERED.
DATED: Austin, Texas, September 16, 2025.
DAVID Dra ALAN EZRA
SENIOR U.S. DISTRICT JUDGE
Case 1:25-cv-00378-DAE Document 7 Filed 09/16/25 Page 5 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
Dukhan Flowers
§
§
vs.
§
NO: AU:25-CV-00378-DAE
§
Amanda Caitlin Yesiolowski
§
SCHEDULING RECOMMENDATIONS
The parties recommend that the following deadlines be entered in the
scheduling order to control the course of this case:
1. The parties must mediate this case on or before
and
file a report in accordance with Rule 88 after the mediation is completed.
2. The parties asserting claims for relief shall submit a written offer of
settlement to opposing parties by
, and each opposing party
shall respond, in writing, by
.
3. The parties shall file all motions to amend or supplement pleadings or to
join additional parties by
.
4. All parties asserting claims for relief shall file their designation of
potential witnesses, testifying experts, and proposed exhibits, and shall serve on
all parties, but not file the materials required by Fed. R. Civ. P. 26(a)(2)(B) by
.
Parties resisting claims for relief shall file their designation of
Case 1:25-cv-00378-DAE Document 7 Filed 09/16/25 Page 6 of 7
potential witnesses, testifying experts, and proposed exhibits, and shall serve on
all parties, but not file the materials required by Fed. R. Civ. P. 26(a)(2)(B) by
. All designations of rebuttal experts shall be designated within
14 days of receipt of the report of the opposing expert.
5. An objection to the reliability of an expert's proposed testimony under
Federal Rule of Evidence 702 shall be made by motion, specifically stating the
basis for the objection and identifying the objectionable testimony, within
days of receipt of the written report of the expert's proposed
testimony, or within
days of the expert's deposition, if a deposition is
taken, whichever is later.
6.
The parties shall complete all discovery on or before
.
Counsel may by agreement continue discovery beyond the
deadline, but there will be no intervention by the Court except in extraordinary
circumstances, and no trial setting will be vacated because of information obtained
in post-deadline discovery.
7. All dispositive motions shall be filed no later than
.
Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive
motions shall be limited to twenty (20) pages in length. Replies, if any, shall be
limited to ten (10) pages in length in accordance with Local Rule CV-7(e). If the
parties elect not to file dispositive motions, they must contact the courtroom
deputy on or before this deadline in order to set a trial date.
Case 1:25-cv-00378-DAE Document 7 Filed 09/16/25 Page 7 of 7
8. If required, a hearing on dispositive motions will be set by the Court
after all responses and replies have been filed.
9. The Court will set the case for trial by separate order. The order will
establish trial type deadlines to include pretrial matters pursuant to Local Rule
CV-16(e)-(g).
10. All of the parties who have appeared in the action conferred concerning
the contents of the proposed scheduling order on
, and the
parties have (agreed/disagreed) as to its contents. The following positions and
reasons are given by the parties for the disagreement as to the contents of the
proposed scheduling order
. Plaintiff offers the following
explanation of why all parties have not been served
.
(Signature)
(Print or type name)
ATTORNEY FOR
(Print or type name)
CERTIFICATE OF SERVICE
Case 1:25-cv-00378-DAE Document 8
Filed 09/17/25 Page 1 of 3
PROCESS RECEIPT AND RETURN
U.S. Department of Justice
United States Marshals Service
See "Instructions for Service of Process by U.S. Marshal"
PLAINTIFF
COURT CASE NUMBER
Dukhan Durand Flowers
1:25-cv-00378-DAE
TYPE OF PROCESS
DEFENDANT
CIVIL COMPLAINT
Amanda Caitlin Yesiolowski, Police Officer for the City of Austin Police Department
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
SERVE
AT
{
Amanda Caitlin Yesiolowski, Police Officer for the City of Austin Police Department
715 East 8th Street, Austin, TX 78701
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW
Number of process to be
served with this Form 285
I
Number of parties to be
served in this case
Check for service
on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses
All Telephone Numbers, and Estimated Times Available for Service):
STERN DISTRICT
CLERK, WS DISTRICT COURT
SEP 17 PM
FILED
TELEPHONE NUMBER
DAT
OF
Signature papela requesting service on behalf of:
X
PLAINTIFF
DEFENDANT
512-391-8707
08/14/2025
BELOW FOR USE OF U.S. MARSHAL ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total
Total Process
District of
District to
Signature of Authorized USMS Deputy or Clerk
Date
number of process indicated.
Origin
Serve
(Sign only for USM 285 if more
/
No. 80
No. 80
than one USM 285 is submitted)
ChiBely
8/18/25
I hereby certify and return that I
individual, company, corporation, etc., at the address shown above X on the on the individual, company, corporation, etc. shown at the address inserted below.
have personally served,
have legal evidence of service,
have executed as shown in "Remarks", the process described on the
I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)
Name and title of individual served (if not shown above)
Date
Time
X
am
8/22/25
8:06
pm
Address (complete only different than shown above)
Signature of U.S. Marshal or Deputy
ChiBely
Costs shown on attached USMS Cost Sheet
REMARKS
USPS CMRR! 9589 0710 5270 2145 6224 27
NOISIAID
WESTERN DISTRICT/TEXAS
2025 AUG 18 AM 11: AM
U.S. MARSHALS SERVICE
RECEIVED
Form USM-285
Rev. 03/21
:
Case 1:25-cv-00378-DAE Document 8 Filed 09/17/25 Page 2 of 3
&
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 1:25-cv-00378 DAE
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any) Amenda Caitlin Yesiolowski
was received by me on (date) 8/18/25
.
I personally served the summons on the individual at (place)
on (date)
; or
I left the summons at the individual's residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual's last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
I returned the summons unexecuted because
; or
XI
Other (specify):
uses CMRR: 9589 0710 5270 2145 6224 27
My fees are $
for travel and $
for services, for a total of $
0.00
.
I declare under penalty of perjury that this information is true.
Date: 8/22/25
ChiBely Server signature
Chris Bellemy
Printed name and title
501 W 5th St Austin TX 78701
Server's address
Additional information regarding attempted service, etc:
Case 1:25-cv-00378-DAE
Document8
Filed 09/17/25
9/17/25, 1:13 PM
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