On April 16th, 2019, in Louisville, Kentucky, attorney Douglas Miller, age 64, was pulled over by officer Mark Batson of the Louisville Metro Police. Batson claimed Miller had been speeding, driving 76 mph in a 55m zone. At first, no footage exists because the officer delayed switching on his body camera. Only after that point was the majority of their exchange preserved on video. >> Okay. I would never do that. You have your uh registration, your insurance. All right. Just type them. [Applause] 1086. I'll be out on soiety checks. Okay, everyone. Step on out. Yeah, if you want to. You lied to me. You lied to me. Do you have anything on you I need to know about? Drugs, guns, knives, the beer bottle under your feet. No, I don't. All right, step on back here. We're going to do some field sobriety checks. Right back here. Stand right there for me. I didn't know if you made me pass those. >> Okay, walk over to the front of my car. Just stand right there for me. >> You ever taken one of these before? >> Well, like I said, I've got one in my car. >> Like this one? >> No, it's it's an out the old out sensor. >> Yeah, this is the new improved one. So, just going to be take a deep breath in. You're going to hold it for just a second. We do not pass those tests. >> Well, if you're an attorney, you know, it's not a pass fail test. You have shown some clues of impairment. >> Right. >> How long you've been once? >> 10 years. Are you going to do this or not? >> I'll tell me to do. >> It's your choice. >> Are you going to do this or not? >> What are you going to do if I say nothing? >> Are you going to arrest me? >> I have no idea. I mean, I've already seen the Bible under your seat that you told me wasn't in there, that you were hiding when you were driving, which is tampering with physical evidence, which is a felony. Go >> ahead and turn around for me. Put your hands back my No, look, I'll do it. I'll do your test. I'll do your test. I'll take your test. >> Get on the ground. Roll over right now. 11:35. Start me a car. one fighting. Roll over on your stomach now. Now, please. >> You're under arrest. >> Get on the ground. >> Put your hand behind your back right now. >> Put your hand behind your back. >> Put your hand behind your back. >> Okay. Put your hand behind your back. >> You're holding my hand. >> Roll on your stomach right now. Okay. So, >> yes. At this point, you are under arrest. >> And I told you that before. Now you got resisting. >> Oh my god. >> Stay right there. >> All right. I'm not doing anything. >> Oh. 11:35. Start. >> Tell me this is a dream. Tell me this is a dream. Oh, you bloody my nose. >> Stay there. >> I'm not going anywhere. >> We're leaning up. >> You got blood. You bloody my nose. >> Oh god. Oh god. Please save me. Save me. I'm not going anywhere. You don't have on me. >> Yes, I do. You haven't been compliant the whole time. >> Please. You're hurting me. >> Stay there. Please, you're healing. You're really hurting me. >> Oh god. Please. Please stop. Stop. >> Quit moving. >> Stop resisting. >> I'm not resisting. You're killing me. >> He's already cuffed. He needs to go in a car. Okay. I >> I'm already cuffed. >> Oh, please stop it. >> Okay. >> Oh, please stop. Just relax. >> God almighty. >> Do not move until I tell you to. >> Okay. I'm not I'm not. Oh my god. >> You don't have a bad seat. That stand up. >> Nope. Just sit tight, man. I'm not doing where you >> quit moving. Y'all need to be checked out. >> Quit moving. >> It's a perks. >> He just needs to go in a car. >> What's that? >> He needs to go in somebody's car. >> All right, roll over to my side. There you go. Put your feet under. You can sit up. Officer Mark Batson conducted sobriety tests on attorney Douglas Miller before requesting a breathalyzer. When Miller hesitated, Batson ordered him to turn around. Although Miller then agreed, Batson grabbed his shirt, slammed him against the car, and forced him to the ground, pressing his hand on Miller's throat while calling for backup. A tow truck driver helped handcuff Miller. And soon, Officer Troy Best arrived, driving his knee into Miller's neck. The body camera shows Miller not resisting, yet officers kept him pinned down. In his notes, Batson claimed Miller pulled away, resisted arrest, and required strikes and pressure point tactics. His supervisor, Sergeant Matthew Keller, supported that account, labeling Miller's behavior active aggression. However, body camera footage contradicted both reports, showing no signs of Miller attempting to flee or fight back. In a later internal review, Batson again insisted Miller resisted, but the video evidence directly undermined nearly every part of his testimony. No, >> the second car. >> Ow. Oh god, you're killing me. >> God almighty. >> Go and have a seat for me. prison. >> Just make sure you keep your camera on with him. >> So, we're good. >> Just wait on EMS and we'll get him down to the book. Thank you. He's an attorney. >> He's an attorney. >> Yeah, my camera's on. >> Yeah. >> Can you write a tow slip? Yeah. >> So they can get that car and get out of here. >> Uh, Sergeant Keller should be on his way. >> Okay. >> Cuz we're going to have to do paperwork on him. >> Oh, yeah. >> So, All right. You have the right to remain silent. Anything you say can and will get you in accord. You have the right to consult with an attorney prior to enduring any questioning. If you choose to answer any questions or make any statements, you can stop at any time. Do you understand your rights? >> Okay. Thank you. >> I uh I just memorandized him, so we're good. Whatever he says now. >> Beautiful. Thank you. >> Yeah, I'm good. >> Okay. Yeah, we got to do an air on him. Good. >> He's bleeding and Well, he's being charged with this, too. So, >> good. >> He's an attorney, so >> Oh, great. So, what the hell happened to you? >> We ended up down there. He didn't want to go in the house. >> Is the car being towed his or is that something else? >> Uh, that's his. >> Yep. >> Well, I'll hang here till Keller gets here with him. >> Yeah, but yeah, we're going to have to do an air on him because he's got some >> cuts and everything on his face. And >> Keller's going to handle that though. >> Closed hand strikes and all that. Yeah. >> Officer Batson admitted he would need to file an incident report because his use of force left Mr. Miller injured. LMPD policy at the time only permitted reasonable force and explicitly banned choke holds except in deadly force situations. Despite this, Batson grabbed Miller's throat and with Officer Best applied pressure to his neck. Miller, arrested for a minor nonviolent offense, posed no immediate threat and showed little resistance. Under both department rules and the Supreme Court's Graham versus Connor standard, the force used appears disproportionate and likely unconstitutional. Sergeant Matthew Keller later arrived to review the case. No, it might be my camera, so might as well get it. >> You okay? >> Uh, he he's being charged resisting. Um, close hand strikes to the head. >> Mhm. >> Um, he's got some cuts on his face. >> Yeah. >> He's an attorney. >> Oh, is he? >> Yeah, he says he is anyway. I I don't know him. >> Yeah. >> But anyway, I stopped him for speeding. >> Okay. >> He's hiding a beer bottle under the seat when I get up there. >> All right. >> For some unknown reason, it's bone dry and he said he'd been drinking. did SFSTs. Uh starts playing games on the PBT. >> Oh, >> you know, I'm like finally just, okay, forget about it. You're under arrest. >> Go to cuffy and he pulls away. >> All right. >> Take him to the ground and he's still just trying to >> not give me his hands. Get up, stand up, roll over, you know. So, >> couple uh taking a knee to the body and couple strikes to the head. >> But I think the cut's coming from the ground. >> Yeah. Following the ground. >> All right. All right. Well, I'll get pictures of him, get pictures of you before it gets dark and I can snap a picture of the car. All right. I'll do the car first. I'll work my way back just in case they take off with the car. >> Let me do your hands. All right. K9 have to have to help you get him cuffed. He's already got here. >> All right. I got you. >> Yeah, you helped me. >> Did really? >> Yeah. >> Yeah. He came and sat on and grabbed my cuffs. >> Really? >> I need to get his information then. Thanks. >> We get him out and get him pictures. >> What's that? >> Get him out and get pictures of him. >> All right. Would you like to go to the hospital or not? >> I don't I don't know. I'm an attorney. I'm not going anywhere. >> Well, you should have you should have got handcuffed the right way then. >> Huh? You should have got with the program and got handcuffed the right way then if you're not going anywhere. >> You already resisted. You already resisted. So >> you weren't here. >> No, but I trust my officer. >> Especially when when you're intoxicated and he's not. >> Have you ever been arrested? >> No. >> Have you ever been in handcuffs? >> No. >> Okay. Well, that's how they feel. >> Okay. It's not killing you. >> Check this video. We're going to watch it. See it? I'm telling you. >> Well, you're intoxicated. Want to bet? >> Huh? Want to bet? So, you're not intoxicated. You haven't had anything to drink. That's what you're saying. >> I didn't say I wasn't and have something to drink. >> Okay. Well, I didn't say you were drunk. I said you're intoxicated. >> No, I can tell you are. >> I smell it. We'll see. We'll see. So, you haven't had anything to drink? Didn't >> say that. Okay. You say >> you said you weren't under the influence. One drink is under the influence. >> Really? Really? What is it written that? >> You're a lawyer. You tell me. >> I know what the law is. >> Feel a little better now? >> All right. Good. Now, would you like to go to the hospital or not? >> I don't I don't think I need to go to the hospital. You don't think you need to go to the hospital? >> No, I don't. >> Okay. All right. Hang tight. Hang tight. All right. Turn and face the police car, please. Thank you. >> All right. So, other than your face, do you have any other complaints of pain? >> Just my wrist. the risk from the handcuffs or the risk from what happened? Handcuffs. >> Handcuffs. Okay. All right. You sure you're okay? I mean, you okay? All right. Hang in there. Okay. Have a seat back in there for us, please. >> I'm done talking to him. >> At the jail, Mr. Miller's breath and blood tests both showed alcohol levels well below the legal limit. Despite this, he suffered serious injuries, including a ruptured artery that left him unable to walk for 6 weeks along with black eyes and extensive bruising. He was initially charged with speeding, DUI, resisting arrest, and criminal mischief. On April 15th, 2020, Miller filed a civil lawsuit that later moved to federal court. His criminal case concluded on February 1st, 2023 when he plead guilty only to speeding with all other charges dismissed. The civil case has since ended. According to available information, Miller and the city reached a confidential settlement, meaning whether money was paid or how much remains undisclosed. Following the viral spread of the video and a federal investigation, Officer Batson faced internal review, but was cleared in the termination proceedings and received no punishment. However, the Department of Justice launched a broader probe into LMPD's handling of excessive force and complaint procedures. I >> think if we if I was you, I would go. >> Oh, hell yeah. Or heck yeah. I I can figure out how to turn this off. You got any ID on you? >> I do. >> You're next. You going to walk away or what are we going to do? I'm going to stay right here. Okay, we're going to check. Make sure you don't hear any warrants. Hey, my camera won't turn off. >> On February 2nd, 2024 in Oklahoma, former attorney and First Amendment auditor Ron Durban along with a group of citizens attempted to attend a local fire department board meeting. Despite being a public meeting, access was restricted, sparking immediate conflict. When police arrived on scene, the encounter was recorded in full-on body cam. that this was an open meeting for the fire marshals and they limited it to 49 49 but half of those 49 were employees. So only half of those were really the community was allowed. So all these people are being denied the ability to attend a public meeting. It's a it's a violation. So I need to file a report. >> Okay. What do you What do you do? What what do you have to do with >> I'm a I'm an Oklahoma citizen that pays taxes. >> Okay. and I need to file a report because all these people are being denied access. >> Okay, I'll talk to you in just a second. All right, let's talk. >> Yeah. Um, this uh >> Yeah. >> Hey, I'm coming here. >> Yeah. >> Okay. So, >> part time job today, buddy. >> No idea what's going on. >> All right, we're turning this off. >> We appreciate you. >> Oh, yeah. >> Press to select. So, I can't hear this. [ __ ] Hang on. >> At this point, the officer attempted to shut off his bodywn camera. Under Oklahoma's statutes and public transparency laws, that action is highly questionable. State law requires bodywn cameras to remain active during any encounter involving the public, especially when there is a potential investigation or detention. Turning the camera off in such a situation not only undermines accountability, it can also be seen as a violation of public record obligations. For auditors like Ron Durban, this is exactly the kind of behavior they challenge. Because without the camera, there's no objective record of what really happened. And this is why your support matters. To shine a light on abuses like this, it's crucial to hit the like button and leave a comment. helps us stand stronger against misconduct and ensure these stories are seen by more people. I >> hate these things. [Music] >> All right. So, what's >> So, this guy never he's an attorney. He comes up here and he uh he comes over just disrupt pretty much. >> His argument today they want to um come into this open this meeting and they're supposed to be required to come in and they need to accommodate the group but it's such a large group they went into a room 40. He's pissed down there in Tulsa all >> and um sir and he says uh you know well they they could just live live stream this is they don't have the can't accommodate the size group with the size of the rooms of any they should live stream but he's also saying he needs to report them all this stuff cuz he's filed charges and he will cuz he's going to citizens arrest going down. So I told him I'm not doing any of that. He said that uh he would um he's going to sue me. He's going to sue now. You're probably going to be in it. >> Okay. Good luck. Yeah. All right. So, the meeting's going on. >> It's upstairs. Fourth floor, room for 49. Have people in there are >> That's That's not my concern. We're not doing a report. All right. You want these people out of the lobby? >> Uh the people in the lobby. Um these two have signed into the deal, but if they're not going to go up to the uh if they're not going to go up to the room. Yeah. Out. >> Okay. We want them off the property. >> And the other folks Yeah. Everybody, I guess I >> mean, well, fine. We'll get them off. All right. So, these people are getting off the property. >> All right. They don't they don't want to get off the property. Were I mean, I say off the property, out of the parking lot, too. Or >> um >> how about we just tell them if you're going to be disorderly, right, >> then you're going to jail. All right. Yeah. >> Okay. So, all right. Let's go figure this out. >> All right. So, who's here for this meeting? All right. Everybody come outside and let's talk. >> I don't have to say don't touch don't touch me. >> Okay. >> All right. >> I'm not being rude. I don't want to be touched. >> I mean, if you want to pat me on the back, that's cool. >> You want me to touch you? No, you don't. Sit down. >> Okay. Let's calm Let's calm down. It's all right. Calm down. >> Sorry. Let's deescalate. Hey, let's deescalate. I got touched and I handle a lot better than you are. >> Hey, I I >> You hurt me. >> Look, I got touch. >> You need any help? >> You're not doing that. I need to file a complaint against you for Darren. >> Take I'll let you take care of that. All right, we're getting out of here. If you need help, call us back. >> You have a report number. >> No, you're not going to duty. You understand that, right? >> What Mr. Durban is pointing out here is actually a serious issue. This meeting was capped at just 49 attendees. But when you look closer, you realize nearly half of those seats were already taken by employees of the department itself. That means many ordinary citizens, people who had a right to be there, were effectively shut out. Under Oklahoma's Open Meeting Act, that's a problem. The law makes it clear. Public meetings must be conducted openly and in a way that gives the public a fair opportunity to attend and observe. Now, the law doesn't require a live stream, and it doesn't guarantee everyone a chance to speak, but it does require meaningful access. And when you reserve a large chunk of seats for staff, leaving the public standing outside, it undermines both the spirit and the letter of the law. That's exactly what Durban is challenging in this moment. And legally, he's standing on solid ground. >> Hey, prepare. You ready to go? >> All right, let's go. That's fine. So, here's what we'll do. We'll walk back to my car. When we get back to my car, we'll see if it gets hot. See if you see if you got any warrants. All right. Sound good? >> All right. Make good cho Make good choices. Follow me to my car. You're going to sit in the backseat of my car. I'm going to make sure you don't got any warrants. >> No. I want your chance to leave. >> Okay. I'm going to check you for warrants. >> You don't have the right to send me for warrants. Okay. I have reasonable suspicion that I've committed a crime. All right. >> Make good make good choices. >> Might want to check. >> Okay. >> Okay. >> Okay. >> Have a good day. >> All right. You going to walk away or what are we going to do? >> I'm going to stay right here. >> Okay. We're going to check. Make sure you don't any warrants. Come on. Okay. >> Whatever you talking about. >> You got any ID on you? >> I do. >> You're next. You're next as well. Why am I rest? You're not >> here. The officer frustration escalates when Mr. Durban records him at close range. Instead of deescalating, the officer detains him, places him in handcuffs, and begins running a warrant check. But this raises a serious question. As citizens, do we not have the constitutional right to film public officials while they are performing their duties? Case law across the United States, including multiple federal circuit rulings, has consistently upheld that right under the First Amendment. Recording alone does not create probable cause for detention. What's more troubling is the officer's words to another man also recording. You're next. That isn't a lawful warning. That sounds like intimidation. Threatening another citizen with arrest simply for exercising a protected right goes against both the spirit of the Constitution and public trust. These moments are why accountability is critical because without cameras rolling, abuses of power like this might never come to light. >> See who you are. Since you're being disrupted, >> your idea It's on the left hand side. Very top. Right behind that blue card. That very top. >> It's on the left hand side. Very top. Right behind that blue card. No. Very top. No. One more. No. No. Behind the blue debit card. >> I don't have any weapons. Don't care. >> After I handcuff him, I'm going to each one of you guys are going to come over here and sit in my car. We're going to make sure you don't have any warrants. Okay? So, uh, this is your chance to walk away just like I told this. >> Walk further back. Walk further back. >> Slide this way. >> Yes, sir. Stay right there. [Music] >> You're having a really bad day. >> I was having a pretty good day. >> Hope your body can >> have a seat. Not sure I'm going to be able to fit, but >> it's all right. Put your feet in the seat. Slide all the way over. >> There you go. >> All right. Good job. >> Charlie 64. He's clear. >> Okay. Thank you. Did you find him in the system? I did. He had a driver's license and um he had some stuff out of Tulsa County, but nothing. No current warrant. >> Tulsa County doesn't want him. >> No, he didn't have anything. >> Oh, okay. Okay. Thank you. >> You're welcome. Bye. >> All right. Hey, Mr. Durban. Hold on. All right. No one cares if you're sitting on the sidewalk, standing on the sidewalk outside the building, not causing problems. All right. The minute you start causing problems, all right, that's when we're going to have an issue. Stop. I'm talking. >> I'm listening. >> You do you understand what I'm saying? >> I I understand. I understand what you said. I don't agree. >> You don't You don't have to You don't have to agree. That's why when you Hey, look. That's why Listen to me. That's why you have a court date when you get arrested for disobeying a lawful order. Do you understand? I'm not listen to me. I'm not I'm not going to play games. If I have to come out here >> and you're the one that's causing the biggest disturbance, you're the first one I'm going to come to. Just like right now, >> all right, I'm not going to ask you again. You're just going to go straight to jail for being disorderly. Understand? >> I That's fine. You don't have to agree, but I'm telling you how it's going to happen. >> I understand your position. >> All right. So, step out and turn around. >> And I suggest you tell your friends that are all standing around here the exact same thing. This is not a game. This is real life. >> Oh, no. You're right. It's not. You lost your qualified immunity when you put your hands on me. So, >> I was a federal court. This was a beautiful day for me. >> All right. >> You just made me a lot of money. >> Yeah. >> A lot of money. >> Okay. >> I gave that money to charity, though. So, >> all right. >> It'll go to a good cause. >> Okay. >> All right. >> I'd like my phone back where I was. >> It's up there on the front of the car and your license. After completing the warrant check and finding nothing, the officer ultimately released Mr. Durban. To this day, it remains unclear whether Mr. Durban has taken any legal action regarding the incident.