Kay
Minter, Individually, and as representative of the Estate of Price
Gassaway Minter, Deceased vs. The County of Hopkins, Texas, Kansas
City Southern Railway Company and Danny C. Sanders, Cause
No. CV35613, 62rd JDC, Hopkins County, Texas (driver distracted
by smoke from county workers burning brush, drove across railroad
tracks and was killed by a train)
Tracy Cooper vs. Denton Housing Authority, The City of Denton
and Denton County, Texas, Cause No. GC-2004-00583, County
Court at Law #2, Denton County, Texas (premise liability claim)
Billy Jason Chandler vs. Barbara Quin Kizer and Denton Central
Appraisal District, Cause No. 2004-50072-367, 367th JDC, Denton
County, Texas (automobile accident)
Eastepp Enterprises Inc. v. City of Lewisville, Cause
No. 2002-50227-367, 367th JDC, Denton County (suit for trespass
to try title and improper platting )
Ana Lilia Sanchez v. City of Grand Prairie, Cause No.
02-11263-K, 192nd JDC, Dallas County (malfunctioning traffic signal
causing vehicular accident when city employee was working on the
traffic lights at time of the accident )
Olga Bunch v. City of Watauga, et al. Cause No. 352-196668-02,
352nd JDC, Tarrant County (premise liability claim )
Kevin Church, et al v. City of Richardson, et al, Cause
No. 01-02380-L, 193rd JDC, Dallas County (stage collapsed at 2001
City WildFlower Festival severely injuring 5 stage hands setting
up lights, and causing significant property damages. One plaintiff
claimed $1M + in damages, and the workers compensation lien was
$330,000. Court found the WildFlower Festival was a governmental
(not a proprietary) function, and granted plea to the jurisdiction
and summary judgment for the City )
Suzanne Gaberino v. City of Grand Prairie; Cause No. 02-1189-M,
298th JDC, Dallas County, Texas (declaratory judgment action for
taking of bond proceeds )
Carol Williams v. City of Allen; Cause No. S-1478-02;
County Court of Law Number Five, Collin County, Texas (sewer nuisance
and taking claim )
Richard Allen v. City of Mesquite; Cause No. 02-5985-C;
60th JDC, Dallas County, Texas (appeal of board of adjustment
decision denying plaintiff's request for an oversized accessory
building )
Gary Bennett, et al v. City of White Settlement; Cause
No. 141-186051-01, 161st JDC (nuisance, taking, and tort claims
when City failed to remediate creek, causing flooding to over
100 citizens )
Jack Vaught v. City of Longview; Cause No. 2000-1048-CC,
County Court at Law, Gregg County, Texas (sewer backup nuisance
and taking claim )
Jerry Marshall v. City of Grand Prairie; Cause No. 02-01997-M,
298th JDC, Dallas County, Texas (Libel, slander and other intentional
torts in allegedly destroying a contractor's reputation )
Gerald Nichols v. City of Grand Prairie; Cause No. 02-12660-01,
County Court at Law Number One, Dallas County, Texas (wrongful
arrest )
Clovis Stephenson v. City of Grand Prairie; Cause No.
02-10225, 298th JDC, Dallas County, Texas (nuisance and taking
claim )
Delecia Anderson, individually, and as surviving spouse of
and community survivor of Maurice Nunley, deceased, and on behalf
of the estate of Maurice Nunley vs. City of Cedar Hill, et al,
193rd JDC, Dallas County (wrongful death and survival action in
police pursuit with speeds reaching 100+ mph )
Satterfield & Pontikes v. Irving ISD, Cause No. 02-09368-A,
14th JDC, Dallas County, Texas (breach of contract and quantum
meruit for delay damages of 1.3 million dollars in building a
middle school )
Edmond Perona et al v. City of Farmers Branch, No. 02-09692,
95th JDC, Dallas County, Texas (breach of restaurant lease )
Elmer Eugene Boyett, individually and as representative of
the Estate of Connie Smallwood Boyett, et al v. Mark Anthony Ramirez,
City of Wylie, et al, No. 366-1995-00, 366th JDC, Collin County,
Texas (wrongful death claim after a car accident involving alleged
failure to install traffic control devices ).
Truman Bradshaw et ux v. Town of Edgecliff Village, et al,
No. 348-181693, 348th JDC, Tarrant County, Texas (premise liability
claim dismissed for discovery abuse )
Ronald McClain v. City of Caddo Mills, No. 60, 546, 196th
JDC, Hunt County, Texas (plaintiff drove into back of city backhoe
parked over street construction )
Rene Taylor, individually and on behalf of the Estate of Michael
Taylor v. State of Texas, City of Allen, et al, No. 380-1910-99,
380th JDC, Collin County, Texas (wrongful death claim after car
accident in construction site )
Terry Litchford v. Collin County, No. 4:99cv168, U.S.
District Court, Eastern District of Texas, Sherman Division (ADA
claim by former county employee )
Curtis Baggett v. Bob Bell, No. 99-37145-saf-7, Adversary
No. 99-3467, U. S. Bankruptcy Court, Northern District of Texas,
Dallas Division (alleged wrongful eviction and violation of bankruptcy
automatic stay against Collin County Constable )
Thomas Scott Freeman, individually and on behalf of Scotti
Raeann Freeman v. Anderson News, v. State of Texas and City of
Flower Mound, No. 048-178073-99, 48th JDC, Tarrant County,
Texas (wrongful death claim after a car accident )
Thurma Juge v. Dallas Housing Authority, et al, No. 3-99-CV-1248-D,
U.S. District Court, Northern District of Texas, Dallas Division
(alleged civil rights violations by tenant of the housing authority
)
Alana McGee, individually and as personal representative of
the Estate of Joyce Maddox, et al v. TxDOT, City of Maypearl,
City of Waxahachie, et al, No. 58813, Ellis County, Texas (wrongful
death claim after a car accident )
Nathan Wood, by and through Julie Wood, individually and as
next friend v. City of Gordon, No. 37124, Palo Pinto County,
Texas (attractive nuisance claim where 8 year old child broke
both legs at city bridge construction site )
Fay Stover v. City of Waxahachie, et al, No. 57999, 40th
JDC, Ellis County, Texas (car accident allegedly caused by defective
traffic control device )
Naomi Adair v. City of Cleburne, et al, No. 146-98, 18th
JDC, Johnson County, Texas (claim for improper road design and
improper sign placement, causing wrongful death in a car accident)
Shirley Bartek v. City of Sunnyvale, No. 97-11209-G; 134th
JDC, Dallas County, Texas (premise liability claim where plaintiff
slipped and fell on ice at city hall steps, breaking her leg in
3 places)
Edward Mehlhaff et ux v. Town of Double Oak, No. 98-50832-367,
367th JDC, Denton County, Texas (DTPA and breach of warranties
claim for improper platting and drainage on plaintiffs' residence)
Walter Bensch v. Penelope Mattos, Detective Charles Casillas,
Sgt. Pat Yates, Lt. Richard Ulrich, Major Roy Don Wynn, Police
Chief Curtis Harrellson, City Manager, Jim Berzina, and City Council
for the City of Wichita Falls, and the City of Wichita Falls;
No. 7:96-085-X; U.S. District Court, Northern District of Texas,
Wichita Falls Division ($24,000,000 claim by deputy sheriff against
the command staff at the police department and policymakers of
the city for claims of illegal arrest, illegal search and RICO
violations during investigation and arrest on sexual abuse charges.
Arrest warrant was dismissed by issuing justice of the peace after
finding false statements within affidavit. Grand Jury failed to
return indictment against deputy sheriff )
John Offutt v. City of Wichita Falls, Wichita County, State
of Texas, et al; No. 7:95-CV-092-X; U.S. District Court, Northern
District of Texas, Wichita Falls Division ($10,000,000 civil rights
and conspiracy action by inmate for failure to control violence
and segregate misdemeanor inmates from felony inmates in jail.
The inmate was a former skinhead who had his face broken by 3
black gang members in the same cell )
Orlando Eugene Taylor v. City of Wichita Falls Police Dept.,
et al.; No. 7:97-CV-124-BE; U.S. District Court, Northern
District of Texas, Wichita Falls Division (Title VII case of racial
discrimination by a Wichita Falls police officer who resigned
in lieu of facing sexual advance complaints made by Internal Affairs
by two women. Dismissed when the plaintiff was confronted by the
affidavit of a prostitute testifying to sex acts while the plaintiff
was on duty as an officer )
Local Lodge 2771 v. City of Wichita Falls, and United States
of America, et al.; No. 7:97-CV-085-X and No. 147,761-C; U.S.
District, Northern District of Texas, Wichita Falls Division,
and 89th JDC, Wichita County, Texas (parallel federal and state
actions by local chapter of AFL-CIO at Sheppard Air Force Base
seeking injunctive relief against city police from interfering
with picketing )
Bobby Charles Straub v. Wichita Falls Police Department; No.
7:96-CV-31-X; U. S. District Court, Northern District of Texas,
Wichita Falls Division (civil rights action for use of excessive
force when Straub's hip was broken while effecting his arrest)
Sylvia Dennis et al. v. Housing Authority of Wichita Falls,
the City of Wichita Falls and the Wichita Falls Fire Dept., No.
146,522-B; 78th JDC, Wichita County, Texas (wrongful death action
on behalf of father and daughter consumed in a fire )
Michael Gowan v. City of Wichita Falls, Police Chief Curtis
Harrellson, and Detective Wm. Pruitt and Ken Coughlin; No.
7:95-CV-073-X; U.S. District Court, Northern District of Texas,
Wichita Falls Division (civil rights action by a suspected serial
rapist for submitting a perjured arrest warrant leading to an
illegal arrest and malicious prosecution )
William Steve McGrew v. City of Wichita Falls, and Detectives
Norman Walker and David Hoard; No. 7:93-CV-039-X; U.S. District
Court, Northern District of Texas, Wichita Falls Division (excessive
force and illegal arrest claims against police officers during
felony stop for aggravated robbery )
Reza Vafaiyan v. City of Wichita Falls, Wichita Falls City
Council, and Code Enforcement Supervisor Jim King; No. 144,712-C;
89th JDC, Wichita Falls, Texas (case of first impression under
LOC. GOV¿T. CODE ¿211 to review the city council's
decision to demolish a residence; attorney's fees awarded to the
city for defense of case )
Aubrey Harold Edleman v. City of Wichita Falls and the Wichita
Falls Fire Dept., No. 7:97-CV-13-39KA; U.S. District Court,
Northern District of Texas, Wichita Falls Division (claim of unreasonable
search and seizure during fire investigation of a residence stemming
from a 911 call by a neighbor )
Marsha Point v. City of Wichita Falls; No. 144,735-B;
78th JDC, Wichita County, Texas (claims of racial discrimination,
negligent supervision, and wrongful retaliation under Workers
Compensation A ct)
A P & C Development Corp. v. City of Wichita Falls; No.
143,129-C; 89th JDC, Wichita County, Texas (injunctive suit by
property owner in city's extra-territorial jurisdiction claiming
city arbitrarily refused access to water, thereby prohibiting
development. Claim abated because of ripeness, then subsequently
dismissed )
Larry Tompkins v. City of Wichita Falls, Wichita Falls City
Council, Greg Humbach, Curtis Harrellson, Cary Allen, Jim Berzina,
and Elaine Bourgoin; No. 7:95-CV-039-X; U.S. District Court,
North District of Texas, Wichita Falls Division (claims of wrongful
arrest and various state tort claims against the city, its city
manager, city attorney, police chief, a police officer, and municipal
court clerk. Dismissed based on plaintiff's discovery abuse )
Larry Tompkins v. City of Wichita Falls and Michael Fincannon;
No. 7:97-CV-019-X; U.S. District Court, Norther District of
Texas, Wichita Falls Division (claims of false arrest, false imprisonment,
abuse of power, and racketeering )
Larry Tompkins v. City of Wichita Falls, Elwyn Ladd, and Two
Unidentified Officers; No. 144,971-A; 30th JDC, Wichita County,
Texas
Larry Tompkins v. City of Wichita Falls, William Harbin, and
an Unidentified Shift Commander; No. 145,058-C; 89th JDC,
Wichita County, Texas
Larry Tompkins v. City of Wichita Falls and J.T. Collins;
No. 144,359-A; 30th JDC, Wichita County, Texas
Larry Tompkins v. City of Wichita Falls, William Neuberth
and Eric Russell, No. 145,313-B; 78th JDC, Wichita Falls,
Texas (series of lawsuits filed by same plaintiff against the
city and many of its officers for numerous violations of his civil
rights. Cases were consolidated and subsequently dismissed for
plaintiff's discovery abuse )
Larry Roberson and Laticia Roberson v. City of Wichita Falls,
No. 145,693-A; 30th JDC, Wichita County, Texas (head injury allegedly
sustained during city bus accident )
Medrano Davis v.. Wichita Falls Police Dept., and Officers
Timothy Josefy and Lee Robertson; No. 7-96:CV-054-X; U.S.
District Court, Northern District of Texas, Wichita Falls Division
(illegal arrest and excessive force claim against officers who
made an arrest on top of a 50 foot water tower )
Freddie Castillo v. City of Wichita Falls, Police Chief Curtis
Harrellson, and Officer Larry Robinett; No. CCL-747-89-E;
County Court at Law No. 1, Wichita County, Texas (excessive force
claim for testicular injury during detention and search for weapon
)
Ricky Rachel v. City of Wichita Falls; No. CCL-348-94-E;
County at Law No. 1, Wichita County, Texas (wrongful termination
under Article 8307C of the Workers Compensation Act )
Norma Malaga, Gerald Malaga and the Estate of Kristopher Malaga,
Deceased v. Primacare, Inc., Perry M. Beck, M.D., City of Garland
and Grace Rutherford, R.N.; No. 93-9149; 44th JDC, Dallas
County, Texas (medical malpractice and negligence claims under
the Texas Tort Claims Act for failing to treat child subsequent
to DTP vaccination resulting in child's death )
David Jeff Johnson v. City of Garland, et al; No. 93-CV-2467-R;
U. S. District Court, Northern District of Texas, Dallas Division
(upon criminal trial finding an arrestee not guilty of assaulting
a police officer, arrestee sued for excessive force )
Keith Cutler v. City of Garland; No. 91-7253, County Court
at Law No. 1, Dallas County, Texas (negligence action by mailman
for failing to quarantine pit bull after attack )
James Mauer v. Police Officer J. Cox; No. 93:CV-304; U.S.
District Court, Northern District of Texas, Dallas Division (excessive
force claim during DWI arrest)
SETTLEMENTS
Joseph DeSisto and Ronald Sorenson v. City of Lavon and Police
Chief Tim Hammond, No. 93-14009; 250th JDC, Travis County,
Texas (Two former police officers made retaliation claims under
Worker Compensation Act and received $1.2 million dollar judgment
against city. Retained after judgment, obtained new trial setting
aside judgment, and settled case for $30,000 )
Penny Sue Culwell v. City of Wichita Falls, Officer Dennis
Keethler, and Denny's Restaurant, No. 146, 166; 78th JDC,
Wichita County, Texas (wrongful arrest and excessive force claim
settled for court costs, after dismissal of officer, and amendment
of petition to delete civil rights claim and allege only an unconstitutional
city smoking ordinance )
Joe Heddins v. City of Garland, Commercial Lloyds Insurance,
et al; Cause No. 92-14563; 298th JDC, Dallas County, Texas
(premises liability claim on a municipal golf course. Settled
without any funding by the city except a fishing pole