When Accountability Becomes an Obstacle: An El Paso Civil Rights Case Raises Troubling Questions

I received a press release last week along with actual journalists a didn’t see it get covered, so I thought I’d share my thoughts on what I think is a pretty interesting story. 

By any measure, Fareed Issa Khlayel is not an outsider to civic life in El Paso. A lifelong resident, former school board trustee, longtime nonprofit board member, and community volunteer, Khlayel has spent years operating inside the very systems he now alleges failed him. That history makes the federal civil rights and Americans with Disabilities Act (ADA) lawsuit he filed against the City of El Paso this week especially consequential - not only for what it alleges, but for what it suggests about accountability, transparency, and power when government closes ranks.

The lawsuit stems from a violent encounter with El Paso police officers on Thanksgiving morning 2024, followed, Khlayel claims, by months of institutional obstruction that extended well beyond the incident itself. Importantly, Khlayel is explicit that his case is not anti-police.

“We respect the work officers do,” he said. “But when harm is done and the City hides it, there must be accountability.”

That distinction matters, because the case does not hinge on rhetoric or political grievance. It hinges on facts, records, procedures - and whether City government followed its own rules when those facts became inconvenient.

A Thanksgiving Morning That Ended in the Emergency Room

According to the federal complaint, Khlayel was seated in a parked vehicle in his own driveway when officers approached him without a warrant, without a pursuit, and without ever observing him operate a vehicle. After asserting his rights, he alleges he was forcibly removed from the car, suffering a fractured ankle, then struck in the face with closed-fist blows while handcuffed.

Medical records from Providence Transmountain Hospital, cited in the lawsuit, document a fractured orbital bone, a broken tooth, and a concussion. Despite those injuries - and despite being unable to walk - Khlayel alleges officers denied him a wheelchair after discharge.

What followed is among the most serious allegations in the complaint: moments later, while still handcuffed, Khlayel says he was struck again on the same side of his face where sutures had just been placed over a freshly diagnosed facial fracture.

Prosecutors later dismissed a resisting arrest charge after officers alleged Khlayel “stepped on an officer’s foot.” The lawsuit asserts this claim was physically impossible, noting that Khlayel was handcuffed, barefoot in socks, and suffering from a fractured ankle confirmed through private medical care after his release.

All criminal charges arising from the incident were ultimately dismissed. None remain pending.

Witnesses Threatened, Questions Unanswered

Khlayel’s parents, Issa and Martha Khlayel, witnessed the encounter and allege they were threatened with arrest when they attempted to intervene. Both have filed claims of their own, citing emotional distress and violations of their rights as eyewitnesses.

The City of El Paso, for its part, has denied wrongdoing and maintains officers acted appropriately. Yet the lawsuit paints a starkly different picture of what followed internally.

Khlayel alleges that Internal Affairs cleared the officers without interviewing him or reviewing relevant medical records. He further claims the City Attorney’s Office attempted to prevent him from contacting elected officials about the incident, and that the Mayor and City Council ratified a “no wrongdoing” finding despite documented injuries and conflicting evidence.

Notably, the City has yet to release full body-worn camera footage from the incident, despite repeated requests.

Transparency at a Price - Literally

Perhaps most troubling are the allegations surrounding public records. According to the complaint, the City sought to charge Khlayel tens of thousands of dollars to obtain copies of records related to his own arrest and complaints. In one instance, the City issued a written estimate of approximately $32,000, requiring a nearly $16,000 upfront deposit.

Khlayel describes this as an unlawful barrier to accountability - one that effectively prices transparency out of reach for most residents.

Adding to the questions: following the incident and related complaints, one involved officer resigned from the El Paso Police Department, while another was placed on administrative leave. The City has not publicly explained how those actions square with its official finding of no wrongdoing.

The lawsuit also raises procedural concerns within City government itself, including whether a deputy city attorney participated in decisions affecting Khlayel’s civil rights complaint and records requests without having first taken the oath of office required under Texas law. If substantiated, that allegation could call into question the validity of certain actions taken during the review process.

 

A Broader Pattern, a Public Cost

Between 2018 and 2023, nearly 700 complaints were filed against the El Paso Police Department, with fewer than five percent sustained. Complaint volumes have continued to rise. The City does not carry third-party insurance for police liability claims; instead, it self-insures, meaning settlements and judgments are paid directly by taxpayers.

Khlayel says the broader implications of his case concern him more than his own injuries.

“What concerns me most is not just what happened to me,” he said. “It’s what this level of obstruction means for people who are real victims - people who don’t have legal training, resources, or knowledge of how to navigate the system. If this is what it looks like when you push back, imagine what happens when you don’t.”

Reform, Not a Payday

Notably, the lawsuit does not seek monetary damages. Instead, it asks for the release of withheld records, ADA-compliant arrest and custody procedures, reforms to Internal Affairs practices, and greater transparency in the handling of civil rights complaints.

Alongside the litigation, Khlayel is publishing plain-language public guides to help residents understand how to document police encounters, request records, and protect their rights.

“Accountability shouldn’t depend on knowing the right forms, deadlines, or legal language,” he said. 

“People deserve transparency and a system that works even when you don’t know how to fight it.”

Whether the City of El Paso sees this case as an inconvenience to be managed or a warning to be taken seriously may ultimately define more than the outcome of one lawsuit. It may define public trust in the systems meant to serve - and protect - everyone.