Preview
FILED
11/7/2022 8:01 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rosa Delacerda DEPUTY
NO. DC-22-13840
WILLIAM S. BOWEN, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § 14TH JUDICIAL DISTRICT
§
DALLAS CITY CENTRAL §
POLICE DEPARTMENT, §
Defendant. § DALLAS COUNTY, TEXAS
DEFENDANT DALLAS POLICE DEPARTMENT’S SPECIAL EXCEPTION.
ORIGINAL ANSWER, AND VERIFIED DENIAL
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW DEFENDANT, Dallas Police Department (“DPD”) misnamed as Dallas
City Central Police Department, and files this, its Special Exception, Original Answer to
Plaintiff’s Original Petition, and Verified Denial, and would respectfully show unto the Court
the following:
SPECIAL EXCEPTION
I.
Defendant DPD specially excepts to Plaintiffs Original Petition as a whole and would
show, under oath, that there is a defect in parties for the reason that Plaintiff has improperly named
and sued DPD, a non-jural entity. Defendant would show that DPD is a department of the City of
Dallas and has no independent legal status or capacity to sue or be sued. Because the City of Dallas
is a home rule municipality, Texas law grants the City of Dallas the authority to organize a police
force and fire department. Tex. Loc. Gov’t Code Ann. §§ 341.003, 342.004. Because the Dallas
City Charter does not grant DPD the authority to sue or be sued, Plaintiff may not bring suit against
DPD. Dallas, Tex. Charter, Ch. II § 1(2). Plaintiffs Petition docs not plead facts that establish
the legal status of DPD as an entity subject to suit. Furthermore, Plaintiff cannot cure the pleading
DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 1
defect by means of an amendment. Accordingly, the allegations against DPD should be dismissed
with prejudice.
ORIGINAL ANSWER
II.
As is authorized by Rule 92, Texas Rules of Civil Procedure, Defendant DPD denies each
and every, all and singular, the allegations in Plaintiff s Original Petition, and demands strict proof
thereof, by a preponderance of the credible evidence.
III.
For further answer, Defendant asserts that Plaintiff s cause of action against it has no basis
in law or fact and, therefore, should be dismissed.
VERIFIED DENIAL
IV.
Defendant DPD further denies that it is liable in the capacity in which it has been sued
because DPD is a department of the City of Dallas. DPD denies that it is a correct party to this
lawsuit and asserts that there is a defect of parties.
NOTICE OF USE OF DOCUMENTS
V.
Pursuant to Texas Rules of Civil Procedure 193.7, Defendant DPD hereby gives notice to
Plaintiff that it intends to use all documents exchanged and produced between parties (including,
but not limited to, correspondence, pleadings, records, depositions and discovery responses) during
any trial in this matter.
WHEREFORE, Defendant prays that it have judgment of the Court, that Plaintiff take
nothing by this suit, that Defendant go hence with its costs, without day, and for such other and
further relief, general or special, at law or in equity, as to which it may be entitled.
DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 2
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
My name is Devin Q. Alexander, and I am an employee of the following governmental
agency: City of Dallas. I am executing this declaration as part of my assigned duties and
responsibilities. I declare under penalty of perjury that Paragraph IV of foregoing is true and
correct.
Executed in Dallas County, State of Texas, on the 7th day of November 2022.
Devin Q. Alexander
DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 3
Respectfully submitted,
CITY ATTORNEY OF THE CITY OF DALLAS
Christopher J. Caso
City Attorney
/s/ DevinQ. Alexander
DEVIN Q. ALEXANDER
Assistant City Attorney
Texas State Bar No. 24104554
Email: deVin.a1exander@dallascityhall.com
City Attorney’s Office
1500 Marilla Street, Room 7D North
Dallas, Texas 75201
Telephone: 214-670-3519
Telecopier: 214-670-0622
ATTORNEYS FOR DEFENDANT
DALLAS POLICE DEPARTMENT
CERTIFICATE OF SERVICE
This is to certify that on November 7, 2022, a true and correct copy of the foregoing
document was sent Via certified mail upon all parties appearing in this cause.
Via Electronic Mail: bowen7279@2mail.com
William S. Bowen
4405 Elm Street Unit 10
Dallas, Texas 75226
Pro se, Plaintiff
/s/ Devin O. Alexander
DEVIN Q. ALEXANDER
DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Devin Alexander on behalf of Devin Alexander
Bar No. 24104554
devin.alexander@dallascityhall.com
Envelope ID: 69917185
Status as of 11/7/2022 9:02 AM CST
Associated Case Party: WILLIAMSBOWEN
Name BarNumber Email TimestampSubmitted Status
William Bowen bowen7279@gmail.com 11/7/2022 8:01 :52 AM SENT
Associated Case Party: DALLAS CITY CENTRAL POLICE DEPARTMENT
Name BarNumber Email TimestampSubmitted Status
Devin Q.Alexander devin.alexander@dallascityhall.com 11/7/2022 8:01:52 AM SENT
Preview
FILED 11/7/2022 8:01 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rosa Delacerda DEPUTY NO. DC-22-13840 WILLIAM S. BOWEN, § IN THE DISTRICT COURT Plaintiff, § § V. § 14TH JUDICIAL DISTRICT § DALLAS CITY CENTRAL § POLICE DEPARTMENT, § Defendant. § DALLAS COUNTY, TEXAS DEFENDANT DALLAS POLICE DEPARTMENT’S SPECIAL EXCEPTION. ORIGINAL ANSWER, AND VERIFIED DENIAL TO THE HONORABLE JUDGE OF SAID COURT: COME NOW DEFENDANT, Dallas Police Department (“DPD”) misnamed as Dallas City Central Police Department, and files this, its Special Exception, Original Answer to Plaintiff’s Original Petition, and Verified Denial, and would respectfully show unto the Court the following: SPECIAL EXCEPTION I. Defendant DPD specially excepts to Plaintiffs Original Petition as a whole and would show, under oath, that there is a defect in parties for the reason that Plaintiff has improperly named and sued DPD, a non-jural entity. Defendant would show that DPD is a department of the City of Dallas and has no independent legal status or capacity to sue or be sued. Because the City of Dallas is a home rule municipality, Texas law grants the City of Dallas the authority to organize a police force and fire department. Tex. Loc. Gov’t Code Ann. §§ 341.003, 342.004. Because the Dallas City Charter does not grant DPD the authority to sue or be sued, Plaintiff may not bring suit against DPD. Dallas, Tex. Charter, Ch. II § 1(2). Plaintiffs Petition docs not plead facts that establish the legal status of DPD as an entity subject to suit. Furthermore, Plaintiff cannot cure the pleading DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 1 defect by means of an amendment. Accordingly, the allegations against DPD should be dismissed with prejudice. ORIGINAL ANSWER II. As is authorized by Rule 92, Texas Rules of Civil Procedure, Defendant DPD denies each and every, all and singular, the allegations in Plaintiff s Original Petition, and demands strict proof thereof, by a preponderance of the credible evidence. III. For further answer, Defendant asserts that Plaintiff s cause of action against it has no basis in law or fact and, therefore, should be dismissed. VERIFIED DENIAL IV. Defendant DPD further denies that it is liable in the capacity in which it has been sued because DPD is a department of the City of Dallas. DPD denies that it is a correct party to this lawsuit and asserts that there is a defect of parties. NOTICE OF USE OF DOCUMENTS V. Pursuant to Texas Rules of Civil Procedure 193.7, Defendant DPD hereby gives notice to Plaintiff that it intends to use all documents exchanged and produced between parties (including, but not limited to, correspondence, pleadings, records, depositions and discovery responses) during any trial in this matter. WHEREFORE, Defendant prays that it have judgment of the Court, that Plaintiff take nothing by this suit, that Defendant go hence with its costs, without day, and for such other and further relief, general or special, at law or in equity, as to which it may be entitled. DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 2 VERIFICATION THE STATE OF TEXAS § § COUNTY OF DALLAS § My name is Devin Q. Alexander, and I am an employee of the following governmental agency: City of Dallas. I am executing this declaration as part of my assigned duties and responsibilities. I declare under penalty of perjury that Paragraph IV of foregoing is true and correct. Executed in Dallas County, State of Texas, on the 7th day of November 2022. Devin Q. Alexander DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 3 Respectfully submitted, CITY ATTORNEY OF THE CITY OF DALLAS Christopher J. Caso City Attorney /s/ DevinQ. Alexander DEVIN Q. ALEXANDER Assistant City Attorney Texas State Bar No. 24104554 Email: deVin.a1exander@dallascityhall.com City Attorney’s Office 1500 Marilla Street, Room 7D North Dallas, Texas 75201 Telephone: 214-670-3519 Telecopier: 214-670-0622 ATTORNEYS FOR DEFENDANT DALLAS POLICE DEPARTMENT CERTIFICATE OF SERVICE This is to certify that on November 7, 2022, a true and correct copy of the foregoing document was sent Via certified mail upon all parties appearing in this cause. Via Electronic Mail: bowen7279@2mail.com William S. Bowen 4405 Elm Street Unit 10 Dallas, Texas 75226 Pro se, Plaintiff /s/ Devin O. Alexander DEVIN Q. ALEXANDER DEFENDANT’S SPECIAL EXCEPTION AND ORIGINAL ANSWER Page 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Devin Alexander on behalf of Devin Alexander Bar No. 24104554 devin.alexander@dallascityhall.com Envelope ID: 69917185 Status as of 11/7/2022 9:02 AM CST Associated Case Party: WILLIAMSBOWEN Name BarNumber Email TimestampSubmitted Status William Bowen bowen7279@gmail.com 11/7/2022 8:01 :52 AM SENT Associated Case Party: DALLAS CITY CENTRAL POLICE DEPARTMENT Name BarNumber Email TimestampSubmitted Status Devin Q.Alexander devin.alexander@dallascityhall.com 11/7/2022 8:01:52 AM SENT