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Wallace v Janek
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FILED UNITED STATES DISTRICT COURT
2UI' AUG 29 PM 1:33 WESTERN DISTRICT OF TEXAS
_______DIVISION
Stephen Wallace as Guardian for Justin Wallace
Plaintiff A 14 CV 0820 LV
Dr. Kyle Janik, Commissioner of Texas Health and Human Services Commission
Chris Traylor, Deputy Commissioner
Scott Schaiclin, Assistant Commissioner
Of the Texas Department of Aging and Disability Services
Defendants
COMPLAINT
CASE NUMBER
Parties and Location of Parties
Plaintiff Stephen Wallace, at 875 Sand Hills Rd, Red Rock, TX 78662, acting on behalf of ward
Justin Wallace, Bldg. 784, Austin State Supported Living Center, Austin TX.
Defendants include Dr. Kyle Janik Commissioner of the Texas Health and Human Services
Commission, is found at 4900 N. Lamar, Brown-Heatly Building, Austin, TX 78751.
Case 1:14-cv-00830-LY Document 1 Filed 08/29/14 Page 1 of 4
Chris Traylor, 4900 N. Lamar, Brown Heatly Building, Austin TX 78751
Scott Schaiclin, 701 West 51st St., Austin TX, P0 149030, Austin TX 78714.
Jurisdiction
Plaintiff believes that this Court is the Court of Proper Jurisdiction because the central question
to be answered and relief being sought are based on a federal question involving the violations of
Plaintiff's civil rights by the state actors listed as defendants above. The state, through the
actions of the listed defendants seeks to forcibly evict the Plaintiff's ward from his place of
residence of the past 12 years, without due process, and does so due to the severe nature of the
plaintiff's wards disabling condition. Applicable cause can be found in reference to 42 USC
1983, and in guarantees of equal protection under The Fourteenth Amendment to the
Constitution of the United. This court is uniquely qualified to hear these questions. Other
federal and state statutes may have been violated as well, but due to the emergency nature of this
action, we pray that the court finds sufficient grounds for jurisdiction in the above stated reasons.
Allegations
On July 3rd 2014, Plaintiff was informed that ward Justin Wallace would be relocated to some
new location due to the previously unannounced closure of his place of residence at the Austin
State Supported Living Center. The planned closure was to take place no later than November 1,
2014, and Justin Wallace would be relocated in anticipation of that closure, no later than August
11, 2014. Plaintiff was informed that his ward could move either to a community based home, or
another State Supported Living Center. Plaintiff was further informed that continued placement
Case 1:14-cv-00830-LY Document 1 Filed 08/29/14 Page 2 of 4
at Justin's current residence was not an option due to the physical closure of the building.
Plaintiff then received additional notification that Ward Justin Wallace would be physically
removed and relocated to The Brenham State Support Living Center on August 11, 2014, if no
appeal was filed on his behalf. Plaintiff, given no other option to stop the closure and forced
eviction, filed for the appeal, and a hearing was set for September 2, 2014.
Upon receiving the hearing information from the Administrative Law Judge who was to preside
over the scheduled transfer hearing, Plaintiff realized that the remedy being sought by Plaintiff,
which was a continuation of the Justin Wallace's current placement and services, was not within
the scope and authority of the Administrative Law Judge to grant within the transfer hearing
format. Plaintiff filed a motion of clarification and or continuance with the Administrative Law
Judge and received no official or written response. An ex parte response from that official
indicated that he could only offer rulings as to the appropriateness of offered placements, but
could not stop the agency or its directors from closing the residence of Justin Wallace.
Plaintiff now alleges that the state actors listed above, in their official capacities, seek to violate
the rights of Justin Wallace, as well as his eleven other cottage mates, by stripping him of his
right to appropriate due process or legislative oversight before denying him his right to continue
living in a safe and secure environment which meets his needs. The state actors, without proper
plarming or preparation, seek to commence life changing and possibly life threatening alterations
to this severely handicapped individual's services over the objections of the Plaintiff and co-
guardian. The hurried closure and eviction actions are based not on the individual needs of the
Case 1:14-cv-00830-LY Document 1 Filed 08/29/14 Page 3 of 4
disabled person in the care of the state actors, but on the desire to quickly close and alienate
(sell) the current residence of the Plaintiff's ward.
RELIEF SOUGHT
Plaintiff prays that the Court will order an immediate cessation of the forced and hurried moves
which could endanger or radically alter the life of Justin Wallace, and do irreparable harm to that
disabled individual. Plaintiff alternately requests that such an order be a least temporarily put in
place until some method of due process or redress can be created to assure the safety and security
of the disabled individual in question. Plaintiff request that the state actors listed be ordered to
cease and desist in all efforts to so immediately close the residence in question until proper
legislative or judicial oversight can be allowed to study and authorize a more orderly dispensation of the matter.
Respectfully submitted by Stephen Wallace____________________ on this date
A/7L/LZ3
$998
Case 1:14-cv-00830-LY Document 1 Filed 08/29/14 Page 4 of 4
JS44 (Rev, 12/12) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORA'I)
I. (a) PLAINTIFFS Stephen Wallace for Justin Wallace
(b) County of Residence of First Listed Plaintiff Travis (EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
DEFENDANTS Dr. Kyle Janik, Texas Health and Human Services Commission, Chris Traylor, Deputy Commissioner, and Scoti Schalchlin Deputy Commissioner of the Department of Aging and Disabilities
County of Residence of First Listed Defendant Travis (IN US PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
AfAeYIKn4 CV 083 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant) I U.S. Government 3 Federal Question PTI5 DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State X 1 I Incorporated or Principal Place 4 4 of Business In This State
2 U.S. Govermuent 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country
IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES .. 1
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 J 410 Antitrust 140 Negotiable Instrument Liability 367 Health Care! 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
820 Copyrights & Enforcement of Judgment Slander Personal Injury 460 Deportation 151 Medicare Act 330 Federal Employers' Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit (Excludes Veterans) 345 Marine Product Liability 490 Cable/Sat TV LABOR SOCIAL SECURITY
710 Fair Labor Standards 861 HIA (13950) 153 Recovery of Overpayment Liability PERSONAL PROPERTY 850 Securities/Commodities! of Veteran's Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders' Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters 196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedons of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 791 Employee Retirement
Income Security Act
896 Arbitration 899 Administrative Procedure
Act/Review or Appeal of I REAL PROPERTY CIVIL RIGhTS PRISONER PETITIONS FEDERAL TAX SUITS
210 Land Condemnation X 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of 240 Torts to Land 443 Housing! Sentence 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 530 General 290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION
1 462 Naturalization Application Employment Other: 446 Amer. w/Ditabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions 448 Education 555 Prison Condition
560 Civil Detainee - Conditions of Confinement
V. ORIGIN (Place an "X' in One Box Only) I Original 2 Removed from lJ 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Lttigation
Ctte the U.S. Civtl Statute under which you are tiling (ho not cite jurisdictional statutes unless diversity): 42 USC Section 1983, 14th Amendment
VI. CAUSE OF ACTION Brief description of cause: Plaintiff is being forcibly removed from his residence of 12 years by state actors without due,
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S) (See instructions,) IF ANY JUDGE ___________________________DOCKET NUMBER
DATE SIGNATURE OF ATFORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT 6 AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 1:14-cv-00830-LY Document 1-1 Filed 08/29/14 Page 1 of 2
A082 (Rev. 4/90)
ORIGINAL 429537 RECEIPT FOR PAYMENT
UNITED STATES DISTRICT COURT for the
WESTERN DISTRICT at_______________________________
RECEIVED FROM 7JC 'Ao- o. 332
ACCOUNT AMOUNT Fund
2OD i4 1'JO Do 6855XX Deposit Funds 604700 Registry Funds General and Special Funds
__________
____________ ______ 508800 Immigration Fees
085000 Attorney Admission Fees 086900 Filing Fees
TOTAL L4.Jo 0 0 322340 Sale of Publications 322350 Copy Fees Case Number or Other Reference 322360 Miscellaneous Fees I_k- Ci LL 143500 Interest 322380 322386
Recoveries of Court Costs Restitution to U.S. Government \N Ct( Q e 121 000 Conscience Fund
129900 Gifts 504100 Crime Victims Fund 613300 Unclaimed Monies Jjj'Th k. t c. 510000 Civil Filing Fee () 510100 Registry Fee
Checks and drafts are accepted subject to col- lection and full credit will only be given when the - 3 ) 2 ) I '- check or draft has been accepted institution on which it was drawn. TV DATEL /2- -i 1 '201 Lfj Cash
,
/7- 201'-d
Case 1:14-cv-00830-LY Document 1-1 Filed 08/29/14 Page 2 of 2