Preview
Electronically Filed
5/10/2024 10:18 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
CAUSE NO. C-3502-22-I
MARTITA MARTINEZ and §
LESLYE BATISTA, § IN THE DISTRICT COURT
Plaintiffs, §
§
VS. § HIDALGO COUNTY, TEXAS
§
DAENA NICOLE GONZALEZ and §
CITY OF PROGRESO, § 398TH JUDICIAL DISTRICT
Defendants. §
DEFENDANT CESAR SOLIS, INDIVIDUALLY AND AS POLICE
CHIEF FOR THE CITY OF PROGRESO, ORIGINAL ANSWER
TO PLAINTIFFS MARTITA MARTINEZ AND LESLYE
BATISTA’S FIRST AMENDED PETITION AND PLAINTIFF
JAZZMIN GUAJARDO’S FOURTH AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant Cesar Solis, Individually and as Police Chief for the City of Progreso,
submits this Original Answer to Plaintiffs Martita Martinez and Leslye Batista’s First
Amended Petition and Plaintiff Jazzmin Guajardo’s Fourth Amended Petition.
I.
GENERAL DENIAL
Defendant CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR
THE CITY OF PROGRESO, denies each and every allegation contained in Plaintiffs
Martita Martinez and Leslye Batista’s First Amended Petition and Plaintiff Jazzmin
Guajardo’s Fourth Amended Petition, all and singular, and demands strict proof thereof at the
trial of this cause.
S:\gg\Answers\ 820-22 Solis Original Answer Page1
Electronically Filed
5/10/2024 10:18 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
II.
ASSERTION OF QUALIFIED IMMUNITY
Plaintiffs cannot recover, directly or indirectly, from Defendant CESAR SOLIS
INDIVIDUALLY because he is entitled to qualified or official immunity for all allegations
raised against him.
II.
ASSERTION OF SOVEREIGN IMMUNITY
Plaintiffs cannot recover, directly or indirectly, from Defendant CESAR SOLIS AS
POLICE CHIEF FOR THE CITY OF PROGRESO because he is entitled to sovereign
or governmental immunity for all allegations raised against him in his official capacity.
IV.
AFFIRMATIVE DEFENSES
Defendant CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR
THE CITY OF PROGRESO, still urging and relying on the matters hereinabove alleged,
by way of further answer, if any need there be, further allege by way of affirmative defenses
the following:
(1) Any loss or damage sustained by Plaintiffs at the time and/or place and on the
occasion mentioned in Plaintiffs Martita Martinez and Leslye Batista’s First
Amended Petition and Plaintiff Jazzmin Guajardo’s Fourth Amended Petition
was caused, in whole or in part, or contributed to, by the negligence of Plaintiffs
MARTITA MARTINEZ, JAZZMIN GUAJARDO, and/or the negligence
of Defendant DAENA NICOLE GONZALEZ, and not by any negligence or
fault or want of care on the part of Defendant or any of its employees, and this
Defendant would invoke the doctrine of comparative responsibility; and
(2) Any loss or damages sustained by the Plaintiffs at the time and place, and on
the occasion, mentioned in Plaintiffs Martita Martinez and Leslye Batista’s
S:\gg\Answers\ 820-22 Solis Original Answer Page2
Electronically Filed
5/10/2024 10:18 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
First Amended Petition and Plaintiff Jazzmin Guajardo’s Fourth Amended
Petition was caused, in whole or in part, or contributed to, by the negligence,
fault or want of care of parties, persons, or instrumentalities over whom this
Defendant exercised no control and for whose acts Defendant is not under
the law responsible.
Without waiving the foregoing general denial, sovereign immunity, official immunity,
and affirmative defenses, but still insisting upon the same, for further answer if any need be
necessary, and as separate defenses, Defendant CESAR SOLIS, INDIVIDUALLY AND
AS POLICE CHIEF FOR THE CITY OF PROGRESO, reserves the right to file any and
all cross-actions, third-party actions, designations of responsible third parties, counter-claims,
motions, verified denials and discovery as it may deem proper.
V.
JURY DEMAND
Pursuant to Texas Rule of Civil Procedure 216, Defendant CESAR SOLIS,
INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO,
TEXAS hereby requests a jury trial in the above-styled and numbered cause.
WHEREFORE, PREMISES CONSIDERED, Defendant CESAR SOLIS,
INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO,
TEXAS prays that upon final trial and hearing hereof that he have judgment on his behalf,
together with costs, that Plaintiffs go hence without day, and that Defendant have such other
and further relief, both special and general, at law and in equity, to which he may show himself
to be justly entitled.
S:\gg\Answers\ 820-22 Solis Original Answer Page3
Electronically Filed
5/10/2024 10:18 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
Signed on this the 10th day of May, 2024.
Respectfully submitted,
990 Marine Drive
Brownsville, Texas 78520
Telephone : (956) 504-1100
Facsimile : (956) 504-1408
/s/ J. Arnold Aguilar
J. Arnold Aguilar
State Bar No. 00936270
Attorney for Defendant
CITY OF PROGRESO, TEXAS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing DEFENDANT
CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF
PROGRESO, ORIGINAL ANSWER TO PLAINTIFFS MARTITA MARTINEZ AND
LESLYE BATISTA’S FIRST AMENDED PETITION AND PLAINTIFF JAZZMIN
GUAJARDO’S FOURTH AMENDED PETITION will on this the 10th day of May, 2024,
be automatically accomplished through the Notice of Electronic Filing upon the following:
Richard A. Hinojosa
HINOJOSA LAW, P.L.L.C.
3904 Brandt Street
Houston, TX 77006
richardhinojosa@hinojosalaw.com
Rosemary Conrad-Sandoval
ROERIG, OLIVEIRA & FISHER, L.L.P.
10225 N. 10th Street
McAllen, TX 78504
rsandoval@rofllp.com
S:\gg\Answers\ 820-22 Solis Original Answer Page4
Electronically Filed
5/10/2024 10:18 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
Raul A. Guajardo
LAW OFFICE OF RAUL A. GUAJARDO, P.L.L.C.
706 E. University Drive
Edinburg, TX 78539
office@raulguajardo.com
Katie P. Klein
William D. Mount, Jr.
DALE & KLEIN, L.L.P.
1100 E. Jasmine, Ste. 202
McAllen, TX 78501
office@daleklein.com
/s/ J. Arnold Aguilar
J. Arnold Aguilar
S:\gg\Answers\ 820-22 Solis Original Answer Page5
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.
Gabriela Garcia on behalf of J. Arnold Aguilar
Bar No. 936270
gabriela@aguilarzabarte.onmicrosoft.com
Envelope ID: 87600638
Filing Code Description: Answer/Response
Filing Description: Solis Original Answer
Status as of 5/13/2024 7:55 AM CST
Associated Case Party: Martita Martinez
Name BarNumber Email TimestampSubmitted Status
Hinojosa Law e-service@hinojosalaw.com 5/10/2024 10:18:31 AM SENT
Richard Hinojosa richardhinojosa@hinojosalaw.com 5/10/2024 10:18:31 AM SENT
Noe A.Gonzalez ngonzalez@hinojosalaw.com 5/10/2024 10:18:31 AM SENT
Stephanie Medrano smedrano@hinojosalaw.com 5/10/2024 10:18:31 AM SENT
Associated Case Party: City of Progreso
Name BarNumber Email TimestampSubmitted Status
J. Arnold Aguilar arnold@aguilarzabartellc.com 5/10/2024 10:18:31 AM SENT
Gabriela Garcia gabriela@aguilarzabarte.onmicrosoft.com 5/10/2024 10:18:31 AM SENT
Associated Case Party: DaenaNicoleGonzalez
Name BarNumber Email TimestampSubmitted Status
Rosemary Conrad-Sandoval rsandoval@rofllp.com 5/10/2024 10:18:31 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
RAUL G OFFICE@RAULGUAJARDO.COM 5/10/2024 10:18:31 AM SENT
RAUL G MELBA@RAULGUAJARDO.COM 5/10/2024 10:18:31 AM SENT
KATIE KLEIN OFFICE@DALEKLEIN.COM 5/10/2024 10:18:31 AM SENT
Preview
Electronically Filed 5/10/2024 10:18 AM Hidalgo County District Clerks Reviewed By: Faith Martinez CAUSE NO. C-3502-22-I MARTITA MARTINEZ and § LESLYE BATISTA, § IN THE DISTRICT COURT Plaintiffs, § § VS. § HIDALGO COUNTY, TEXAS § DAENA NICOLE GONZALEZ and § CITY OF PROGRESO, § 398TH JUDICIAL DISTRICT Defendants. § DEFENDANT CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO, ORIGINAL ANSWER TO PLAINTIFFS MARTITA MARTINEZ AND LESLYE BATISTA’S FIRST AMENDED PETITION AND PLAINTIFF JAZZMIN GUAJARDO’S FOURTH AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: Defendant Cesar Solis, Individually and as Police Chief for the City of Progreso, submits this Original Answer to Plaintiffs Martita Martinez and Leslye Batista’s First Amended Petition and Plaintiff Jazzmin Guajardo’s Fourth Amended Petition. I. GENERAL DENIAL Defendant CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO, denies each and every allegation contained in Plaintiffs Martita Martinez and Leslye Batista’s First Amended Petition and Plaintiff Jazzmin Guajardo’s Fourth Amended Petition, all and singular, and demands strict proof thereof at the trial of this cause. S:\gg\Answers\ 820-22 Solis Original Answer Page1 Electronically Filed 5/10/2024 10:18 AM Hidalgo County District Clerks Reviewed By: Faith Martinez II. ASSERTION OF QUALIFIED IMMUNITY Plaintiffs cannot recover, directly or indirectly, from Defendant CESAR SOLIS INDIVIDUALLY because he is entitled to qualified or official immunity for all allegations raised against him. II. ASSERTION OF SOVEREIGN IMMUNITY Plaintiffs cannot recover, directly or indirectly, from Defendant CESAR SOLIS AS POLICE CHIEF FOR THE CITY OF PROGRESO because he is entitled to sovereign or governmental immunity for all allegations raised against him in his official capacity. IV. AFFIRMATIVE DEFENSES Defendant CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO, still urging and relying on the matters hereinabove alleged, by way of further answer, if any need there be, further allege by way of affirmative defenses the following: (1) Any loss or damage sustained by Plaintiffs at the time and/or place and on the occasion mentioned in Plaintiffs Martita Martinez and Leslye Batista’s First Amended Petition and Plaintiff Jazzmin Guajardo’s Fourth Amended Petition was caused, in whole or in part, or contributed to, by the negligence of Plaintiffs MARTITA MARTINEZ, JAZZMIN GUAJARDO, and/or the negligence of Defendant DAENA NICOLE GONZALEZ, and not by any negligence or fault or want of care on the part of Defendant or any of its employees, and this Defendant would invoke the doctrine of comparative responsibility; and (2) Any loss or damages sustained by the Plaintiffs at the time and place, and on the occasion, mentioned in Plaintiffs Martita Martinez and Leslye Batista’s S:\gg\Answers\ 820-22 Solis Original Answer Page2 Electronically Filed 5/10/2024 10:18 AM Hidalgo County District Clerks Reviewed By: Faith Martinez First Amended Petition and Plaintiff Jazzmin Guajardo’s Fourth Amended Petition was caused, in whole or in part, or contributed to, by the negligence, fault or want of care of parties, persons, or instrumentalities over whom this Defendant exercised no control and for whose acts Defendant is not under the law responsible. Without waiving the foregoing general denial, sovereign immunity, official immunity, and affirmative defenses, but still insisting upon the same, for further answer if any need be necessary, and as separate defenses, Defendant CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO, reserves the right to file any and all cross-actions, third-party actions, designations of responsible third parties, counter-claims, motions, verified denials and discovery as it may deem proper. V. JURY DEMAND Pursuant to Texas Rule of Civil Procedure 216, Defendant CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO, TEXAS hereby requests a jury trial in the above-styled and numbered cause. WHEREFORE, PREMISES CONSIDERED, Defendant CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO, TEXAS prays that upon final trial and hearing hereof that he have judgment on his behalf, together with costs, that Plaintiffs go hence without day, and that Defendant have such other and further relief, both special and general, at law and in equity, to which he may show himself to be justly entitled. S:\gg\Answers\ 820-22 Solis Original Answer Page3 Electronically Filed 5/10/2024 10:18 AM Hidalgo County District Clerks Reviewed By: Faith Martinez Signed on this the 10th day of May, 2024. Respectfully submitted, 990 Marine Drive Brownsville, Texas 78520 Telephone : (956) 504-1100 Facsimile : (956) 504-1408 /s/ J. Arnold Aguilar J. Arnold Aguilar State Bar No. 00936270 Attorney for Defendant CITY OF PROGRESO, TEXAS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing DEFENDANT CESAR SOLIS, INDIVIDUALLY AND AS POLICE CHIEF FOR THE CITY OF PROGRESO, ORIGINAL ANSWER TO PLAINTIFFS MARTITA MARTINEZ AND LESLYE BATISTA’S FIRST AMENDED PETITION AND PLAINTIFF JAZZMIN GUAJARDO’S FOURTH AMENDED PETITION will on this the 10th day of May, 2024, be automatically accomplished through the Notice of Electronic Filing upon the following: Richard A. Hinojosa HINOJOSA LAW, P.L.L.C. 3904 Brandt Street Houston, TX 77006 richardhinojosa@hinojosalaw.com Rosemary Conrad-Sandoval ROERIG, OLIVEIRA & FISHER, L.L.P. 10225 N. 10th Street McAllen, TX 78504 rsandoval@rofllp.com S:\gg\Answers\ 820-22 Solis Original Answer Page4 Electronically Filed 5/10/2024 10:18 AM Hidalgo County District Clerks Reviewed By: Faith Martinez Raul A. Guajardo LAW OFFICE OF RAUL A. GUAJARDO, P.L.L.C. 706 E. University Drive Edinburg, TX 78539 office@raulguajardo.com Katie P. Klein William D. Mount, Jr. DALE & KLEIN, L.L.P. 1100 E. Jasmine, Ste. 202 McAllen, TX 78501 office@daleklein.com /s/ J. Arnold Aguilar J. Arnold Aguilar S:\gg\Answers\ 820-22 Solis Original Answer Page5 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. Gabriela Garcia on behalf of J. Arnold Aguilar Bar No. 936270 gabriela@aguilarzabarte.onmicrosoft.com Envelope ID: 87600638 Filing Code Description: Answer/Response Filing Description: Solis Original Answer Status as of 5/13/2024 7:55 AM CST Associated Case Party: Martita Martinez Name BarNumber Email TimestampSubmitted Status Hinojosa Law e-service@hinojosalaw.com 5/10/2024 10:18:31 AM SENT Richard Hinojosa richardhinojosa@hinojosalaw.com 5/10/2024 10:18:31 AM SENT Noe A.Gonzalez ngonzalez@hinojosalaw.com 5/10/2024 10:18:31 AM SENT Stephanie Medrano smedrano@hinojosalaw.com 5/10/2024 10:18:31 AM SENT Associated Case Party: City of Progreso Name BarNumber Email TimestampSubmitted Status J. Arnold Aguilar arnold@aguilarzabartellc.com 5/10/2024 10:18:31 AM SENT Gabriela Garcia gabriela@aguilarzabarte.onmicrosoft.com 5/10/2024 10:18:31 AM SENT Associated Case Party: DaenaNicoleGonzalez Name BarNumber Email TimestampSubmitted Status Rosemary Conrad-Sandoval rsandoval@rofllp.com 5/10/2024 10:18:31 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status RAUL G OFFICE@RAULGUAJARDO.COM 5/10/2024 10:18:31 AM SENT RAUL G MELBA@RAULGUAJARDO.COM 5/10/2024 10:18:31 AM SENT KATIE KLEIN OFFICE@DALEKLEIN.COM 5/10/2024 10:18:31 AM SENT