Preview
FILED
8/18/202310:15 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
N0. DC-23_04417
ROBERT WAYNE MITCHELL, § IN THE DISTRICT COURT
§
Plaintiff, §
§
vs. §
§ 298th JUDICIAL DISTRICT
BRYAN COLLIER, EXECUTIVE §
DIRECTOR, TEXAS DEPARTMENT §
OF CRIMINAL JUSTICE, §
§
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S FIRST AMENDED PETITION AND
SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING
ORDER AND REQUEST FOR TEMPORARY INJUNCTION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, ROBERT WAYNE MITCHELL, Plaintiff, and files this
Plaintiff’s First Amended Petition and Supplemental Application for Temporary
Restraining Order and Request for Temporary Injunction, complaining of BRYAN
COLLIER, EXECUTIVE DIRECTOR, TEXAS DEPARTMENT OF CRlMlNAL
JUSTICE, Defendant, and for cause of action would respectfully show unto the Court as
follows:
DISCOVERY LEVEL
l. Plaintiff pleads and elects to have discovery in the matter conducted under
Level 2 of Rule 190.3 of the Texas Rules of Civil Procedure.
PARTIES
2. Plaintiff ROBERT WAYNE MITCHELL is an adult individual and
resident of Dallas County, Texas.
3. Defendant BRYAN COLLIER is the Executive Director of the Texas
Department of Criminal Justice (“TDCJ”), the state agency responsible for operating the
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST FOR TEMPORARY INJUNCTION PAGE 1 OE 8
Texas prison system, and may be served with process at 209 West 14th Street, 5th Floor,
Price Daniel Building, Austin, Texas 78701.
JURISDICTION AND VENUE
4. This Court has jurisdiction over the controversy because the damages
sought are Within the Court’s jurisdictional limits. Plaintiff seeks only non-monetary
relief.
5. In the present declaratory judgment action against the Texas Department
of Criminal Justice, the Court has jurisdiction over Defendant as its Executive Director,
against whom Plaintiff alleges ultra vires acts and Violation of constitutional entitlements.
6. Venue in Dallas County is proper because all or a substantial part of the
events or omissions at issue in this lawsuit occurred in Dallas County.
7. Pursuant to TEX. R. CIV. P. 54, all conditions precedent to filing this
lawsuit have been performed or have occurred.
AGENCY AND RESPONDEAT SUPERIOR
8. Whenever in this petition it is alleged that a Defendant did any act or
engaged in any conduct, it is meant that the Defendant, his officers, agents, employees, or
representatives did such act or engaged in such conduct, and that at the time such act or
conduct took place, it was with the full authorization or ratification of the Defendant, or
was done in the normal and routine course and scope of authority extended by Defendant.
FACTUAL BACKGROUND
9. Texas law permits a person who has been convicted of a criminal offense
to serve a period of their sentenced incarceration term outside of prison on parole
following an evaluation and a determination by a panel of the Board of Pardons and
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 2 OE 8
Paroles (the “Board”) that such person poses a low risk to the community. See Tex. Gov.
Code § 508.001(6).
10. A panel of the Board may only vote to grant parole to an individual when
its members believe that the individual is able and willing to fulfill the obligations of a
law-abiding citizen. See Tex. Gov. Code § 508.141(e)(2). A panel of the Board may only
vote to grant parole to an individual when the panel determines that the individual’s
release will not increase the likelihood of harm to the public. See Tex. Gov. Code §
508.141(d).
ll. Parole is defined as “the discretionary and conditional release of an
eligible inmate sentenced to the institutional division [of TDCJ] so that the inmate may
serve the remainder of the inmate’s sentence under the supervision of the pardons and
paroles division.” Tex. Gov’t Code § 508.001.
12. The present action seeks a determination of Plaintiff’s right to immediate
release from parole and “the supervision of the pardons and paroles division” and an
order instructing Defendant to perform the ministerial duty of providing Plaintiff
discharge papers and release, as a result of his completion of parole.
13. Pertaining to completion of parole, Section 508.155 of the Texas
Government Code states, in relevant part:
(a) To complete a parole period, a releasee must serve the entire period of parole.
(b) The time on parole is computed as calendar time.
Tex. Gov’t Code § 508.155
14. Section 501 .016(a) of the Texas Government Code states, in relevant part:
“The department shall prepare and provide an inmate with the inmate’s discharge or
release papers when the inmate is entitled to be discharged...”
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 3 OE 8
15. Dated May 17, 1999, Plaintiff’s Certificate of Parole granting release on
parole provides that Plaintiff’s date of discharge from parole would be July 12, 2021 —
more than two years ago.1 However, a resident of Dallas County, Plaintiff remains on
parole.
16. Plaintiff alleges TDCJ’s refusal to provide him discharge papers or release
from parole is ultra vires and that the extension of his parole beyond the term of his
prison sentence constitutes infringement of his constitutional rights against double
jeopardy, cruel and unusual punishment, and entitlement to due process and personal
liberty under Article I of the Texas Constitution and the Fifth and Fourteenth
Amendments to the United States Constitution. Tex. Const. art. I, § 19; U.S. Const.
amend. V, XIV.
17. Further, Plaintiff avers that he is subject to sanctions under Sec. 508.283
of the Texas Government Code, revocation of parole, and/or reincarceration, despite
completion of parole, as a result, and would distinguish the present case from one for a
writ of mandamus, writ of habeas corpus, or lawsuit under Section 1983 of the Civil
Rights Act of 1964 implicating irregularities of parole proceedings, on the basis of the
type of misconduct alleged, ultra vires agency action and violation of his constitutional
rights. According to the ultra vires exception, claims against state officials in their
official roles, aiming to secure injunctive or declaratory remedies that enforce adherence
to statutory or constitutional requirements, are not blocked by sovereign immunity. Tex.
Tel. Ass'n v. PUC of Tex., 653 S.W.3d 227, 248 (Tex. App—Austin 2022, no pet).
Sovereign immunity ceases to be a valid defense when a lawsuit asserts a viable
constitutional challenge and exclusively seeks equitable remedies. Hughs v. Dikeman,
1
The Texas Administrative Code defines a “parole certificate” as an order of the Board incorporating
terms and conditions of release. 37 TAC § 141.111(29).
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 4 OE 8
631 S.W.3d 362, 373 (Tex. App—Houston [14th Dist] 2020, pet. denied). Further,
Governmental immunity does not serve as a hindrance to a lawsuit directed at a political
subdivision with the intent of upholding constitutional rights, particularly when the
constitutional allegations are inherently valid on their face Harris Cty. Appraisal Dist. v.
Braun, 625 S.W.3d 622, 627 (Tex. App—Houston [14th Dist.] 2021, no pet).
18. By the present action, Plaintiff seeks to obtain a temporary restraining
order preserving the present status que pending a trial on the merits, and to terminate the
extension of Plaintiff’ s period of parole beyond the term of his sentence, seeking a
judicial determination and order effecting same, commanding Defendant to perform the
ministerial duty of providing Plaintiff discharge papers and release according to law.
CAUSES OF ACTION
A. REQUEST FOR A TEMPORARY RESTRAINING ORDER AND
INJUNCTIVE RELIEF
19. Plaintiff adopts by reference and realleges all material allegations set forth
hereinabove as if fully set forth herein.
20. Despite the wrongful nature of the aforementioned conduct, the defendant
intends to subject Plaintiff to parole and supervision by TDCJ, continue to deprive
Plaintiff of release from parole, and, on information, revoke parole, detain plaintiff, and
reincarcerate him, unless restrained.
21. This court has authority to grant a temporary restraining order Without
notice to the adverse party if “it clearly appears from specific facts shown by affidavit or
by the verified complaint that immediate and irreparable injury, loss, or damage will
result to the applicant before notice can be served and a hearing had thereon.” Tex. R.
Civ. P. 680.
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 5 OE 8
22. As shown by the present verified petition, Plaintiff alleges a Viable cause
of action and shows a probable right to the relief sought, and the wrongful conduct
alleged creates probable, imminent, and irreparable harm to plaintiff before notice can be
served on defendant and a hearing held on plaintiffs application for a temporary
injunction, in that the rights sought to be vindicated will be violated, wrongfully
subjecting Plaintiff to restriction of his liberty, and, on information, detention and
confinement, in contravention of his rights, unless such action is restrained and enjoined.
23. There is no remedy at law that is clear and adequate to protect Plaintiff’s
rights to due process, individual personal liberty, and against double jeopardy, and cruel
and unusual punishment, as Defendant’s actions will deprive Plaintiff of these
constitutionally protected freedoms. This request for injunctive relief is so that justice
may be done, not merely for delay. Plaintiff has performed all conditions precedent and is
ready, willing, and able to perform such equitable acts as the court deems necessary.
24. To prevent the immediate and irreparable harm to plaintiff described
above, Plaintiff requests that the court issue a temporary restraining order restraining the
defendant, including the defendant's agents, servants, employees, independent
contractors, attorneys, representatives, and those persons or entities in active concert or
participation with them, as follows, pending a hearing on the plaintiffs application for a
temporary injunction: cease and desist from any and all further acts to detain plaintiff,
revoke Plaintiff’s parole, or reincarcerate Plaintiff related to parole, and thereafter that
this Court enter a temporary injunction, after notice and hearing, against Defendant’s
further acts or conduct to detain plaintiff, revoke Plaintiffs parole, or reincarcerate
Plaintiff related to parole until the merits of Plaintiff’s claims and causes of action as pled
herein can be fully adjudicated by the trier of fact.
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 6 OE 8
25. Plaintiff requests that the Restraining Order and Temporary Injunction be
made into a permanent injunction.
B. DECLARATORY JUDGMENT
26. Plaintiff adopts by reference and realleges all material allegations set forth
hereinabove as if fully set forth herein.
27. Plaintiff petitions this Court pursuant to the Uniform Declaratory
Judgments Act, Chapter 37 of the Texas Civil Practices and Remedies Code, for a finding
that Plaintiff is entitled to immediate release from parole and the TDCJ prison system as
alleged herein and issuance of an order compelling Defendant to perform its ministerial
duty of providing Plaintiff discharge papers and release.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be
cited to appear and answer, and that Plaintiff be awarded:
(a) judgment declaring TDCJ’s retention of Plaintiff on parole beyond his
prison sentence unlawful;
(b) judgment commanding TDCJ to provide Plaintiff discharge papers and
release;
(c) injunctive relief against the defendant (temporary and permanent); and
(d) all such other and further relief, at law or in equity, general or special, to
which Plaintiff may show himself justly entitled.
Respectfully submitted,
By: Tai A. Warren /s/
TAJ A. WARREN
Texas Bar No. 24060802
WARREN LAw, PLLC
325 N. St. Paul Street, Suite 3100
Dallas, Texas 75201
(214) 206-1225
(214) 206-1226 fax
twarren@warrenlawpllc.com
ATTORNEY FOR PLAINTIFF
ROBERT WAYNE MITCHELL
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 7 OE 8
VERIFICATION
STATE OF TEXAS §
COUNTY OF DALLAS g
BEFORE ME, the undersigned authority, personally appeared Robert Wayne
Mitchell, who stated upon oath that the statements made in the foregoing instrument are
within his personal knowledge and are true and correct.
ROBERT WAYNE MITCHELL
SUBSCRIBED AND SWORN TO BEFORE ME on this the 17th day of
August 2023, to certify which witness my hand and official seal.
Notary Public, State of Texas
PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION
FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 8 OE 8
Preview
FILED 8/18/202310:15 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY N0. DC-23_04417 ROBERT WAYNE MITCHELL, § IN THE DISTRICT COURT § Plaintiff, § § vs. § § 298th JUDICIAL DISTRICT BRYAN COLLIER, EXECUTIVE § DIRECTOR, TEXAS DEPARTMENT § OF CRIMINAL JUSTICE, § § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST FOR TEMPORARY INJUNCTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ROBERT WAYNE MITCHELL, Plaintiff, and files this Plaintiff’s First Amended Petition and Supplemental Application for Temporary Restraining Order and Request for Temporary Injunction, complaining of BRYAN COLLIER, EXECUTIVE DIRECTOR, TEXAS DEPARTMENT OF CRlMlNAL JUSTICE, Defendant, and for cause of action would respectfully show unto the Court as follows: DISCOVERY LEVEL l. Plaintiff pleads and elects to have discovery in the matter conducted under Level 2 of Rule 190.3 of the Texas Rules of Civil Procedure. PARTIES 2. Plaintiff ROBERT WAYNE MITCHELL is an adult individual and resident of Dallas County, Texas. 3. Defendant BRYAN COLLIER is the Executive Director of the Texas Department of Criminal Justice (“TDCJ”), the state agency responsible for operating the PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST FOR TEMPORARY INJUNCTION PAGE 1 OE 8 Texas prison system, and may be served with process at 209 West 14th Street, 5th Floor, Price Daniel Building, Austin, Texas 78701. JURISDICTION AND VENUE 4. This Court has jurisdiction over the controversy because the damages sought are Within the Court’s jurisdictional limits. Plaintiff seeks only non-monetary relief. 5. In the present declaratory judgment action against the Texas Department of Criminal Justice, the Court has jurisdiction over Defendant as its Executive Director, against whom Plaintiff alleges ultra vires acts and Violation of constitutional entitlements. 6. Venue in Dallas County is proper because all or a substantial part of the events or omissions at issue in this lawsuit occurred in Dallas County. 7. Pursuant to TEX. R. CIV. P. 54, all conditions precedent to filing this lawsuit have been performed or have occurred. AGENCY AND RESPONDEAT SUPERIOR 8. Whenever in this petition it is alleged that a Defendant did any act or engaged in any conduct, it is meant that the Defendant, his officers, agents, employees, or representatives did such act or engaged in such conduct, and that at the time such act or conduct took place, it was with the full authorization or ratification of the Defendant, or was done in the normal and routine course and scope of authority extended by Defendant. FACTUAL BACKGROUND 9. Texas law permits a person who has been convicted of a criminal offense to serve a period of their sentenced incarceration term outside of prison on parole following an evaluation and a determination by a panel of the Board of Pardons and PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 2 OE 8 Paroles (the “Board”) that such person poses a low risk to the community. See Tex. Gov. Code § 508.001(6). 10. A panel of the Board may only vote to grant parole to an individual when its members believe that the individual is able and willing to fulfill the obligations of a law-abiding citizen. See Tex. Gov. Code § 508.141(e)(2). A panel of the Board may only vote to grant parole to an individual when the panel determines that the individual’s release will not increase the likelihood of harm to the public. See Tex. Gov. Code § 508.141(d). ll. Parole is defined as “the discretionary and conditional release of an eligible inmate sentenced to the institutional division [of TDCJ] so that the inmate may serve the remainder of the inmate’s sentence under the supervision of the pardons and paroles division.” Tex. Gov’t Code § 508.001. 12. The present action seeks a determination of Plaintiff’s right to immediate release from parole and “the supervision of the pardons and paroles division” and an order instructing Defendant to perform the ministerial duty of providing Plaintiff discharge papers and release, as a result of his completion of parole. 13. Pertaining to completion of parole, Section 508.155 of the Texas Government Code states, in relevant part: (a) To complete a parole period, a releasee must serve the entire period of parole. (b) The time on parole is computed as calendar time. Tex. Gov’t Code § 508.155 14. Section 501 .016(a) of the Texas Government Code states, in relevant part: “The department shall prepare and provide an inmate with the inmate’s discharge or release papers when the inmate is entitled to be discharged...” PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 3 OE 8 15. Dated May 17, 1999, Plaintiff’s Certificate of Parole granting release on parole provides that Plaintiff’s date of discharge from parole would be July 12, 2021 — more than two years ago.1 However, a resident of Dallas County, Plaintiff remains on parole. 16. Plaintiff alleges TDCJ’s refusal to provide him discharge papers or release from parole is ultra vires and that the extension of his parole beyond the term of his prison sentence constitutes infringement of his constitutional rights against double jeopardy, cruel and unusual punishment, and entitlement to due process and personal liberty under Article I of the Texas Constitution and the Fifth and Fourteenth Amendments to the United States Constitution. Tex. Const. art. I, § 19; U.S. Const. amend. V, XIV. 17. Further, Plaintiff avers that he is subject to sanctions under Sec. 508.283 of the Texas Government Code, revocation of parole, and/or reincarceration, despite completion of parole, as a result, and would distinguish the present case from one for a writ of mandamus, writ of habeas corpus, or lawsuit under Section 1983 of the Civil Rights Act of 1964 implicating irregularities of parole proceedings, on the basis of the type of misconduct alleged, ultra vires agency action and violation of his constitutional rights. According to the ultra vires exception, claims against state officials in their official roles, aiming to secure injunctive or declaratory remedies that enforce adherence to statutory or constitutional requirements, are not blocked by sovereign immunity. Tex. Tel. Ass'n v. PUC of Tex., 653 S.W.3d 227, 248 (Tex. App—Austin 2022, no pet). Sovereign immunity ceases to be a valid defense when a lawsuit asserts a viable constitutional challenge and exclusively seeks equitable remedies. Hughs v. Dikeman, 1 The Texas Administrative Code defines a “parole certificate” as an order of the Board incorporating terms and conditions of release. 37 TAC § 141.111(29). PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 4 OE 8 631 S.W.3d 362, 373 (Tex. App—Houston [14th Dist] 2020, pet. denied). Further, Governmental immunity does not serve as a hindrance to a lawsuit directed at a political subdivision with the intent of upholding constitutional rights, particularly when the constitutional allegations are inherently valid on their face Harris Cty. Appraisal Dist. v. Braun, 625 S.W.3d 622, 627 (Tex. App—Houston [14th Dist.] 2021, no pet). 18. By the present action, Plaintiff seeks to obtain a temporary restraining order preserving the present status que pending a trial on the merits, and to terminate the extension of Plaintiff’ s period of parole beyond the term of his sentence, seeking a judicial determination and order effecting same, commanding Defendant to perform the ministerial duty of providing Plaintiff discharge papers and release according to law. CAUSES OF ACTION A. REQUEST FOR A TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF 19. Plaintiff adopts by reference and realleges all material allegations set forth hereinabove as if fully set forth herein. 20. Despite the wrongful nature of the aforementioned conduct, the defendant intends to subject Plaintiff to parole and supervision by TDCJ, continue to deprive Plaintiff of release from parole, and, on information, revoke parole, detain plaintiff, and reincarcerate him, unless restrained. 21. This court has authority to grant a temporary restraining order Without notice to the adverse party if “it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon.” Tex. R. Civ. P. 680. PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 5 OE 8 22. As shown by the present verified petition, Plaintiff alleges a Viable cause of action and shows a probable right to the relief sought, and the wrongful conduct alleged creates probable, imminent, and irreparable harm to plaintiff before notice can be served on defendant and a hearing held on plaintiffs application for a temporary injunction, in that the rights sought to be vindicated will be violated, wrongfully subjecting Plaintiff to restriction of his liberty, and, on information, detention and confinement, in contravention of his rights, unless such action is restrained and enjoined. 23. There is no remedy at law that is clear and adequate to protect Plaintiff’s rights to due process, individual personal liberty, and against double jeopardy, and cruel and unusual punishment, as Defendant’s actions will deprive Plaintiff of these constitutionally protected freedoms. This request for injunctive relief is so that justice may be done, not merely for delay. Plaintiff has performed all conditions precedent and is ready, willing, and able to perform such equitable acts as the court deems necessary. 24. To prevent the immediate and irreparable harm to plaintiff described above, Plaintiff requests that the court issue a temporary restraining order restraining the defendant, including the defendant's agents, servants, employees, independent contractors, attorneys, representatives, and those persons or entities in active concert or participation with them, as follows, pending a hearing on the plaintiffs application for a temporary injunction: cease and desist from any and all further acts to detain plaintiff, revoke Plaintiff’s parole, or reincarcerate Plaintiff related to parole, and thereafter that this Court enter a temporary injunction, after notice and hearing, against Defendant’s further acts or conduct to detain plaintiff, revoke Plaintiffs parole, or reincarcerate Plaintiff related to parole until the merits of Plaintiff’s claims and causes of action as pled herein can be fully adjudicated by the trier of fact. PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 6 OE 8 25. Plaintiff requests that the Restraining Order and Temporary Injunction be made into a permanent injunction. B. DECLARATORY JUDGMENT 26. Plaintiff adopts by reference and realleges all material allegations set forth hereinabove as if fully set forth herein. 27. Plaintiff petitions this Court pursuant to the Uniform Declaratory Judgments Act, Chapter 37 of the Texas Civil Practices and Remedies Code, for a finding that Plaintiff is entitled to immediate release from parole and the TDCJ prison system as alleged herein and issuance of an order compelling Defendant to perform its ministerial duty of providing Plaintiff discharge papers and release. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be cited to appear and answer, and that Plaintiff be awarded: (a) judgment declaring TDCJ’s retention of Plaintiff on parole beyond his prison sentence unlawful; (b) judgment commanding TDCJ to provide Plaintiff discharge papers and release; (c) injunctive relief against the defendant (temporary and permanent); and (d) all such other and further relief, at law or in equity, general or special, to which Plaintiff may show himself justly entitled. Respectfully submitted, By: Tai A. Warren /s/ TAJ A. WARREN Texas Bar No. 24060802 WARREN LAw, PLLC 325 N. St. Paul Street, Suite 3100 Dallas, Texas 75201 (214) 206-1225 (214) 206-1226 fax twarren@warrenlawpllc.com ATTORNEY FOR PLAINTIFF ROBERT WAYNE MITCHELL PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 7 OE 8 VERIFICATION STATE OF TEXAS § COUNTY OF DALLAS g BEFORE ME, the undersigned authority, personally appeared Robert Wayne Mitchell, who stated upon oath that the statements made in the foregoing instrument are within his personal knowledge and are true and correct. ROBERT WAYNE MITCHELL SUBSCRIBED AND SWORN TO BEFORE ME on this the 17th day of August 2023, to certify which witness my hand and official seal. Notary Public, State of Texas PLAINTIFF’s FIRST AMENDED PETITION AND SUPPLEMENTAL APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST EOR TEMPORARY INJUNCTION PAGE 8 OE 8