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Dallas Man Fighting Same Ticket For 3rd Time

DALLAS (CBSFW.COM) - A Dallas Couple has filed an internal affairs complaint on a police officer they accuse of harassing them.

Brian Hensley and his girlfriend Veronica De La Garza were heading to a wedding in March 2009 on the same day their street near Greenville Avenue was being blocked by officers because of the St. Patrick's Day parade.

He was pulled over by officer Michael Taglienti, who wrote Hensley a ticket for hitting a traffic cone and two more for not using his blinker.

The 41-year-old business owner fought the tickets in court last year and won.  "They dismiss all three tickets then about a month later a few weeks later I received in the mail that they refiled them," says Hensley.

The citations were reissued and Hensley went back to municipal court and won again.

Hensley thought he could finally put the ordeal behind him when the citations were dismissed for a second time in February but last week he received a notice that the citations were filed a third time.

Dallas attorney Everett Newton is not connected to the case but familiar with it and agreed to review documents.  He says it's clear either the city or the officer is abusing power.

"I've been practicing criminal law in city courts for 18 years I've never seen a case refilled twice it's remarkably unusual," says Newton. "They're not being treated as are other people there's something here that doesn't meet the eye."

The couple has filed an internal affairs complaint with the Dallas Police Department accusing the officer of malicious pursuit.

Officer Taglienti did not return our calls  The police department declined comment but released a statement that says "Mr. Hensley has filed an Internal Affairs Investigation for the incident.  It is currently in the process of being investigated."

Taglienti has previously been suspended for sleeping on duty and also for filing a false report.

Hensley says media coverage of his controversial run in with the officer two years ago led to what he now believes is a clear case of retaliation.  "Missing work it's costing money, it's costing time over no blinker tickets when's enough, enough," says Hensley.

Hensley and his girlfriend also filed an internal affairs complaint on the officers after the original arrest but it did not result in any action by the police department.

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