Waldon V. Austin Police Department

Filed in The District Court
of Travis County, Texas
AUG 1 9 2019 JG
At 9.57 AM.
Velva L. Price, District Clerk
TRAVIS COUNTY DISTRICT COURT
459 TH
WANDA WALDON
D-1-GN-19-004926
261ST DISTRICT COURT
Plaintiff,
TRAVIS COUNTY, TEXAS
Vs
AUSTIN POLICE DEPARTMENT
Defendant,
PETITION OF COMPLAINT
Austin Police Department is being sued for 37 million dollars for Harassment, violation of my
civil rights. The police are in Violation of Americans with Disability Act, Battered Woman's
Act, and violation of the 14th Amendment which guarantees equal protection under the law.
And, for racial discrimination.
Police have harassed me failed to answer calls, make reports, write reports for insurance and
victim's compensation. Misinterpreting criminal acts against me minimizing the criminal acts
claiming it was only criminal mischief; well it was also domestic violence, extortion, burglary,
theft, sexual harassment-redefined
The police have blatantly refused me equal protection under the law which has made me
abandon my house, and my apartment. And, also my livihood, savings, and my disability
payments was severely depleted because they would not do their job. I have library fines for
stolen movies, someone tried to break-in when I was home, theft, burglary, extortion, robbery,
assault and battery, sexual harassment.
When I asked for a ride to the domestic violence shelter they denied me. They told me they were
going to put me in jail for obstruction of justice when I saw them beating someone. They towed
my car; they use to jump of out of their vehicles and throw black people on the wall and do all
kind of unjust stuff.
Wada Haldon
Date: Ausast 19,2019
Wanda Waldon
P.O. Box 790203
San Antonio, Texas 78279
409-347-9603
9/23/2019 9:17 AM
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-19-004926
D-1-GN-19-004926
Chloe Jimenez
WANDA WALDON
§
IN THE DISTRICT COURT
Plaintiff,
§
§
V.
§
OF TRAVIS COUNTY, TEXAS
§
AUSTIN POLICE DEPARTMENT,
§
Defendant.
§
261st JUDICIAL DISTRICT
DEFENDANT AUSTIN POLICE DEPARTMENT'S ORIGINAL ANSWER, SPECIAL
EXCEPTIONS, AND AFFIRMATIVE DEFENSES
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant Austin Police Department files this Original Answer, Special Exceptions, and
Affirmative Defenses in response to Plaintiff Wanda Waldon's "Petition of Complaint" and would
show the Court as follows:
GENERAL DENIAL
1.
Subject to such matters as may be admitted during discovery and upon trial of this
cause, and in reliance upon its rights as provided by Texas Rule of Civil Procedure 92, the
Defendant generally denies the material allegations of Plaintiff's pleadings, and any amendments
or supplements thereto, and demands that Plaintiff be required to prove each claim and allegation
as required by law.
SPECIAL EXCEPTIONS
2.
The Defendant takes special exception to Plaintiff's Petition for Plaintiff's failure
to comply with Rule 47(a) of the Texas Rules of Civil Procedure. The Plaintiff fails to give "a
short statement of the cause of action sufficient to give fair notice of the claim involved." Plaintiff
seeks $37,000,000 in damages allegedly for harassment and violation of civil rights, among other
claims. She claims that the police have refused her equal protection and she lost her livelihood.
However, she fails to describe with particularity the actions that she alleges Austin police officers
took against her, who the officers were, when such actions happened, or how they led to
deprivation of her civil rights. The Defendant takes special exception to the Plaintiff's Original
Petition and asks this Honorable Court to order Plaintiff to re-plead and cure her pleading defects
SO that the Defendant may have fair notice of all claims. The Defendant requests that Plaintiff re-
plead within thirty (30) days or that her pleadings be stricken.
3.
Additionally, the Austin Police Department is not a separate legal entity that is
subject to suit and therefore dismissal is warranted. The City of Austin is the only Proper Entity
for Suit. Although the City of Austin ("the City") is not listed as a Defendant to this lawsuit,
Plaintiff's allegations and claims are directed at the City of Austin or City of Austin personnel.
Even if Plaintiff intended to sue the City of Austin, Plaintiff failed to initiate proper service upon
and properly sue the City. Service upon a department personnel is not is not proper service. Tex.
Civ. Prac. & Rem. Code 17.024. Skaggs V. City of Keller, 880 S.W.2d264 (Tex. App.-Ft. Worth
1994, writ denied). Moreover, departments of the City such as the Police Department are not
judicial entities capable of being sued. Rolen V. City of Brownsfield, 82 Fed. Appx. 362, 2006 WL
1519979 (5th Cir. 2006); Darby V. City of Pasadena Police Dept., 939 F.2d 311, 313 (5th Cir.
1991). Therefore, the City requests that Plaintiff re-plead within thirty (30) days or that her
pleadings be stricken.
AFFIRMATIVE DEFENSES
4.
The Defendant asserts the affirmative defense of governmental immunity as a
municipal corporation entitled to immunity acting in the performance of its' governmental
functions from Plaintiff's claims, absent express waiver.
5.
The Defendant reserves the right to raise any additional affirmative defenses that
become apparent through the factual development of the case.
PRAYER
The City prays that Plaintiff take nothing by reason of this suit and that the City recover all
court costs, and for such other and further relief, both at law and in equity, to which it may show
itself justly entitled.
RESPECTFULLY SUBMITTED,
ANNE L. MORGAN, CITY ATTORNEY
MEGHAN L. RILEY, CHIEF OF LITIGATION
/s/ Sameer Birring
Sameer Birring
Assistant City Attorney
State Bar No. 24087169
sameer.birring@austintexas.gov
City of Austin Law Department
P.O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-3042
Facsimile: (512) 974-1311
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the foregoing on all parties or their attorneys
of record, in compliance with the Texas Rules of Civil Procedure, this 23rd day of September,
2019.
Via CMRR #91 7199 9991 7038 3403 5162
Wanda Waldon,
P.O. Box 790203
San Antonio, Texas 78279
waldonwanda@yahoo.com
Telephone: (409) ) 347-9603
PRO SE
/s/ Sameer Birring
Sameer Birring