Wrongful Death Statute, Tex. Civ. Prac. Rem. Code Ann. §71.001,
et
seq., the Texas Survival Statute, Tex. Civ. Prac. Rem. Code Ann.
§
71.021, and all other applicable laws complaining
of
the various acts listed below and for their wrongful death
and
survival cause
of
action.
2
Plaintiff alleges that the CITY OF DALLAS had a duty, but failed to implement policies, practices and procedures that respected GERARDO PINEDO,
JR. s
constitutional rights to assistance, protection, and equal treatment under the law. Defendant's failure to implement the necessary policies and the implementation
of
unconstitutional policies deprived GERARDO PINEDO, JR.
of
equal protection and due process under the Fourteenth Amendment and caused his unwarranted
and
excruciating physical and mental anguish and death. For these civil rights violations, and other causes
of
action discussed herein, Plaintiff seeks answers and compensation for his damages and the death
of
GERARDO PINEDO, JR
PARTIES
3
Plaintiff, GERARDO PINEDO, SR. is the father
of
GERARDO PINEDO, JR., decedent, and brings this wrongful death action pursuant to the Texas Survival Statute, Tex. Civ. Prac. Rem. Code § 71.021, and
as
the parent
of
GERARDO PINEDO, JR. who, at the time
of
his death, was a resident
of
Dallas County, Texas.
4
Defendant, the CITY OF DALLAS, is a municipality located
in
Dallas County, Texas. The CITY OF DALLAS operates the Dallas Police Department ( DPD ). The CITY OF DALLAS
may
be
served with citation herein by
and
through its agent for service
of
process, Warren Ernst, City Attorney, Dallas City Hall, 1500 Marilla Street, Dallas, Texas 75201. Additional service is being made
on
Mayor Mike Rawlings, 1500 Marilla Street, Room SEN, Dallas, Texas 75201.
PLAINTIFFS'
ORIGINAL
COMPLAINT -Page 2 of
18
PLED
ltf
Orig
omplaint
Case 3:14-cv-00958-L Document 1 Filed 03/17/14 Page 2 of 18 PageID 2
