moses estrada, maureen mayfield, becky moeller, susan ... · award of attorneys’ fees pursuant to...

CAUSE NO. _____________________

MOSES ESTRADA, MAUREEN MAYFIELD, * IN THE COUNTY COURT BECKY MOELLER, SUSAN REEVES, * CHARLES SIDERS, AND LINDA WHITE, * * Plaintiffs, * * VS. * AT LAW NUMBER _______ * KARA SANDS, IN HER OFFICIAL CAPACITY * AS NUECES COUNTY CLERK, AND * NUECES COUNTY, * * Defendants. * NUECES COUNTY, TEXAS

PLAINTIFFS’ ORIGINAL PETITION, REQUESTS FOR DISCLOSURE,

INTERROGATORIES, AND REQUESTS FOR PRODUCTION TO DEFENDANTS

Plaintiffs Moses Estrada, Maureen Mayfield, Becky Moeller, Susan Reeves,

Charles Siders, and Linda White file this Original Petition, Requests for Disclosure,

Interrogatories, and Request for Production upon Defendants, complaining of

Defendants Kara Sands, In Her Official Capacity as Nueces County Clerk, and Nueces

County, and in support thereof shows the Court and Jury as follows:

I.

DISCOVERY TRACK

1.1 The Plaintiffs plead that this case should be assigned to Discovery Level

Three pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, and will seek an

agreed order or other court order to this effect.

2020CCV-61304-3

Filed 9/17/2020 10:50 AM

Anne LorentzenDistrict Clerk

Nueces County, Texas

Copy from re:SearchTX

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II.

JURISDICTION AND VENUE

2.1 The Court has subject matter jurisdiction over this civil action because it

has jurisdiction over both of the Defendants, and Plaintiffs seek damages in excess of

the minimum jurisdictional limits of this Court. Pursuant to Rule 47 of the Texas Rules

of Civil Procedure, Plaintiffs hereby state that they are seeking monetary relief greater

than $100,000.00.

2.2 Venue is proper in Nueces County Texas, pursuant to Texas Civil Practice

and Remedies Code §15.002(a)(1) because all or part of the events or omissions giving

rise to this cause of action occurred in Nueces County, Texas, and pursuant to

§15.002(a)(3) because Nueces County is the location of both of the Defendants in this

suit.

III.

PARTIES

Plaintiffs

3.1 The Plaintiffs are all citizens and residents of Nueces County, Texas.

3.2 The Plaintiffs are eligible and registered to vote in Nueces County, Texas

and they have voted in Nueces County, Texas in the past.

3.3 Each Plaintiff is eligible to vote by mail in Nueces County, Texas and has

voted in elections in Nueces County in the past, including voting by mail..


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3.4 Each Plaintiff has suffered from the effects of local government-imposed

interference and government-imposed discrimination in voting and they continue to

suffer from those effects.

3.5 The Plaintiffs had their fundamental right to vote interfered with by the

Defendants.

3.6 The Plaintiffs have a direct, substantial, and legally protectable interest in

the subject matter of this litigation.

B. Defendants

3.7 Defendant Kara Sands, In Her Official Capacity, is the elected County Clerk

of Nueces County and is its Chief Elections Officer by virtue of that position. Defendant

Kara Sands, In Her Official Capacity, may be served by delivering a copy of the petition

to the County Administrator at 901 Leopard Street, Corpus Christi, Texas 78401.

3.8 When County Clerk Kara Sands acts in her official capacity, she is acting

as and on behalf of Nueces County, Texas.

3.9 Defendant Nueces County is a county and political subdivision of the State

of Texas. Defendant Nueces County may be served by delivering a copy of the petition

to the County Administrator at 901 Leopard Street, Corpus Christi, Texas 78401.

IV.

FACTS

4.1 Defendants are charged with the legal responsibility of sending mail-in

ballots to the qualified mail-in voters of Nueces County. This responsibility includes the

requirement of accompanying those mail-in ballots with instructions to the qualified mail-


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in voters that comply with the Constitutions and laws of the

United States and the state of Texas.

4.2 As non-first time mail-in voters in Nueces

County, mail-in voters, including the Plaintiffs, each should

have received with their mail-in ballots the correspondence

and instructions attached as Exhibit 1.

4.3 Instead, mail-in voters, including the Plaintiffs,

received with their mail-in ballots incorrect instructions,

including those attached as Exhibit 2. These instructions

purported to include requirements for various identification

that are not required by law. The placement of these

additional requirements interfered with each of the Plaintiffs’

exercise of their constitutional right to vote.

4.4 When this error was brought to County Clerk

Kara Sands’ office, she then sent the letters attached as

Exhibit 3 to mail-in voters, including the Plaintiffs, in a failed

attempt to remedy the matter. Instead, it served to cause

further confusion, and additionally interfered with the

Plaintiffs’ constitutional right to vote.

4.5 Various Plaintiffs were discouraged from voting

as a result of the incorrect and confusing instructions, and

Exhibit 3, page 1

Exhibit 2, page 1

Exhibit 1, page 1


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this course of events has caused the Plaintiffs to rightly question the validity and

accuracy of their local elections.

4.6 Plaintiffs additionally note a number of prior irregularities associated with

elections in Nueces County, which, together with this most recent voting rights violation,

undermines the integrity of local elections and caused Plaintiffs to question the validity

and accuracy of elections in Nueces County:

• 2016: The County Clerk failed to count early votes that had been cast, until it

was brought to her attention.

• 2017: During the statewide Constitutional Amendments election, numerous in-

person voters in Robstown, Texas were not provided with the entire ballot, and

were instead provided ballots that did not include Robstown city elections.

• 2018: During various elections in 2018, numerous polling places opened well

after the legislatively mandated time of 7:00 a.m., and there was a severe

shortage of functioning voting machines, which caused substantial and

unreasonable wait times at certain precincts for voters to simply cast their votes.

V.

CLAIMS

5.1 The Plaintiffs have a fundamental Constitutional right to vote, and the

Defendants have interfered with that fundamental right, as alleged above, in violation of

the Plaintiffs’ due process rights under the 1st and 14th Amendments to the United States

Constitution. Plaintiffs hereby bring suit pursuant to 42 USC § 1983, et. seq., because


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Defendants have interfered with the Plaintiffs’ fundamental rights to vote without due

process of law. Veasey v. Perry, 71 F. Supp. 3d 627, 685–86 (S.D. Tex. 2014).

5.2 Plaintiffs seek actual damages as well as injunctive relief, in addition to an

award of attorneys’ fees pursuant to the Civil Rights Attorneys Fees Awards Act of 1976,

42 U.S.C. § 1988, 42 U.S.C. § 1973, and 42 U.S.C. § 1983.

VI.

DAMAGES

6.1 The Plaintiffs seek recovery of all damages proximately caused by

Defendants’ conduct, including injunctive relief.

6.2 The Plaintiffs seek recovery of any other and further relief, general or

special, legal or equitable, to which the Plaintiffs may show themselves justly entitled.

VII.

PRE-JUDGMENT AND POST-JUDGMENT INTEREST

7.1 The Plaintiffs seek pre-judgment and post-judgment interest at the highest

rate provided by law.

VIII.

RESERVATION OF RIGHTS

8.1 The Plaintiffs reserve the right to prove the amount of damages at trial. The

Plaintiffs reserve the right to amend their Petition and add additional counts and/or

parties as discovery continues.


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IX.

CONDITIONS PRECEDENT

9.1 Pursuant to Rule 54 of the Texas Rules of Civil Procedure, all conditions

precedent to the Plaintiffs’ rights to recover and Defendants’ liability have been

performed or have occurred.

X.

JURY DEMAND

10.1 The Plaintiffs request a trial by jury and have tendered the applicable jury

fee.

XI.

REQUESTS FOR DISCLOSURE

11.1 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendants

are to disclose, within fifty (50) days of service of this request, the information and

material described in Texas Rule of Civil Procedure 194.2 (a)-(l).

XII.

INTERROGATORIES TO DEFENDANTS

12.1 Identify the names of each Nueces County mail-in voter in the 2020 primary

election who originally received a mail ballot which you contend contained correct

instructions.


election who received a mail ballot which contained the instructions attached as Exhibit

1.


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election who received a mail ballot which you contend contained incorrect and/or

incomplete instructions.

12.4 Identify all Nueces County mail-in voters in the 2020 primary who received

from the County Clerk’s office the correspondences and instructions marked as Exhibit

2.

12.5 Identify all Nueces County early mail-in voters in the 2020 primary who

received from the County Clerk’s office the correspondences and instructions marked

as Exhibit 3.

12.6 Identify all Nueces County early mail-in voters in the 2020 primary who

contacted either of the Defendants complaining of the instructions that accompanied

their mail-in ballots.

XIII.

REQUESTS FOR PRODUCTION TO DEFENDANTS

13.1 Please produce copies of all correspondence forms and instructions that

are referred to in paragraph 12.1, above.








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were sent to 2020 primary write-in voters by the Nueces County Clerk’s office that are

not included in paragraphs 13.1 through 13.5, above.

PRAYER

Wherefore Plaintiffs respectfully pray that this Court:

1. Assume jurisdiction of this action;

2. Award the Plaintiffs all relief to which they are entitled;

3. Issue a declaration that the Plaintiffs are not subject to the identification

requirements set forth in Exhibit 2;

4. Issue a preliminary and permanent injunction enjoining the Defendants,

their agents, employees, and those persons acting in concert with them, from further

interfering with voting rights of the citizens of Nueces County, Texas;

5. Make all further orders as are just, necessary, and proper to ensure

complete fulfillment of this Court’s Orders in this case;

6. Issue an Order requiring Defendants to pay Plaintiffs’ costs, expenses, and

reasonable attorney’s fees incurred in the prosecution of this action, as authorized by

the Civil Rights Attorneys Fees Awards Act of 1976, 42 U.S.C. § 1983, and 42 U.S.C.

§ 1988; and


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7. Grant such other and further relief, general or special, legal or equitable, to

which Plaintiffs may show themselves justly entitled.

Respectfully submitted,

SICO HOELSCHER HARRIS, LLP /s/ David T. Bright David Bright State Bar No. 02991490 802 North Carancahua Street, Suite 900

Corpus Christi, Texas 78401 Telephone: (361) 653-3300

Telefax: (361) 653-3333 Email: [email protected]

ATTORNEYS FOR PLAINTIFF



Exhibit 1


Exhibit 2


Exhibit 3

moses estrada, maureen mayfield, becky moeller, susan ... · award of attorneys’ fees pursuant to...

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