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Plaintiff, Tiffany Carver, (“Plaintiff”) files this Original Petition, Request for Disclosures,
and Jury Demand complaining of the conduct of defendants Texas Department of Criminal Justice
“(TDCJ”), Mark W. Stiles Unit Jail (“Unit Jail”), Sergeant Rodrick Atwood (“Atwood”), Officer
I.
SUMMARY OF THE CASE
1. Known for sexually exploiting the female jailers and abusing their authority as Sergeant
and Corrections Officers V, Defendants Atwood, Watson, and Smith sexually assaulted, molested
and invaded Plaintiff’s right of privacy on or about December 9, 2017 in a food service hallway
which they knew to be hidden from video surveillance. Plaintiff, a young mother of two sons, was
targeted in her workplace by her supervising officers, taken into a food service hallway, locked
inside and sexually violated. Defendant Atwood, Watson and Smith aided and abetted their
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wrongful conduct by the conscious indifference and grossly negligent conduct of TDCJ and Unit
Jail sued herein who allowed the assault to happen through failure to train, failure to supervise,
and failure to enact and enforce policies designed to protect those under their care. Defendants
Atwood, Watson and Smith’s abusive conduct was known or should have been known by the
owners and operators of the Defendants TDCJ and Unit Jail’s premises, where Plaintiff was being
physically violated and imprisoned. None of the premise owners and operators took any action to
protect Plaintiff from the misconduct and sexual assaults occurring on the premises nor to provide
reasonable security measures to prevent Defendants Atwood, Watson and Smith from abusing
Plaintiff. Rather than protect Plaintiff and others from known dangers, all defendants conspired
and/or actively aided and abetted Defendants Atwood, Watson and Smith in their abuse of
Plaintiff. The defendants cooperated in maintaining the dangerous and known sexual predation
occurring at TDCJ and the Unit Jail premises. Unbeknownst to Defendants TDCJ and the Unit Jail
premises, female corrections officers were involved in inappropriate relationships with their
superior Sergeants and officers. Defendants TDCJ and the Unit Jail allowed for these inappropriate
relationships to form. Because of these relationships not only was the disgusting behavior being
covered up but the female corrections officers were rapidly promoted to higher positions. Because
each Unit Jail and TDCJ’s managers maintained sufficient control over the premises, and/or owed
a duty to Plaintiff to report the sexual abuse but did nothing reasonable to protect plaintiff, they
1.2 Based on information and belief, Plaintiff sues all individual defendants in their official
capacity. Moreover, Plaintiff asserts her common law claims against all defendants for damages
resulting from the false imprisonment, assaults, battery, invasion of privacy and reckless conduct
of Defendants, Atwood, Watson, and Smith, which was aided and abetted by the TDCJ and Unit
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Jail managers. Defendants Atwood, Watson and Smith performed their reckless conduct against
Plaintiff in their official capacities while working for TDJC. All of the defendants’ conduct
enhanced plaintiff’s damages at the hands of Defendants Atwood, Watson and Smith when she
was imprisoned and assaulted on the property in a food service hallway known to not have any
video surveillance. Defendants conduct was unconscionable. Plaintiff also seeks actual damages
II.
DISCOVERY CONTROL PLAN
2. This case should proceed under a Level 3 discovery plan. An appropriate docket control
III.
PARTIES AND SERVICE
3.1 Defendant, Texas Department of Criminal Justice, is an entity created by the State of Texas,
and this Defendant may be served with process, pursuant to FRCP 5(b)(2)(c), by mailing a copy
of this Plaintiff’s Original Complaint to this Defendant at its address: P.O. Box 4004 Huntsville,
3.2 Defendant Mark W. Stiles Unit Jail may be served with process, pursuant to FRCP
5(b)(2)(c), by mailing a copy of this Plaintiff’s Original Complaint to this Defendant at its address:
P.O. Box 4004 Huntsville, Texas 77342-4004, by First Class U.S. Mail, return receipt requested.
3.3 Defendant, Rodrick Atwood, is an adult who was at all times relevant to this cause of
action, a duly appointed acting sergeant at the Mark W. Stiles Unit within the course and scope of
his employment with the County. This defendant may be served with process, pursuant to FRCP
5(b)(2)(c), by mailing a copy of this Plaintiff’s Original Complaint to this Defendant at its address:
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4115 Crow Road #24 Beaumont, Texas 77706 or wherever he may be found, by First Class U.S.
3.4 Defendant, Herman Smith, is an adult who was at all times relevant to this cause of action,
a duly appointed acting Correction Officer Level V at the Mark W. Stiles Unit within the course
and scope of his employment with the County. This defendant may be served with process,
pursuant to FRCP 5(b)(2)(c), by mailing a copy of this Plaintiff’s Original Complaint to this
Defendant at its address: 6085 Navajo Trail, Beaumont, Texas 77708 or wherever he may be found
3.5 Defendant, Keith Watson, is an adult who was at all times relevant to this cause of action,
a duly appointed acting Correction Officer Level V at the Mark W. Stiles Unit within the course
and scope of his employment with the County. This defendant may be served with process,
pursuant to FRCP 5(b)(2)(c), by mailing a copy of this Plaintiff’s Original Complaint to this
Defendant at its address: 5050 Timber Creek Loop # 5, Beaumont, Texas 77708 or wherever he
V.
JURISDICTION AND VENUE
4. Venue is proper in the Eastern District of Texas, Beaumont Division, as this is the district
4.1 Jurisdiction is based upon 42 U.S.C. §§ 1983 and 1988, which confer jurisdiction over
Plaintiff’s constitutional claims for redress in this Court under 28 U.S.C. § 1343(a)(3). This Court
has supplemental jurisdiction over state law claims pursuant to 28 U.S.C. § 1367.
4.2 Federal question jurisdiction is conferred on this Court by 28 U.S.C. § 1331, because this
action arises under the Constitution and laws of the United States.
VI.
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guaranteed to her by the Fourth and Fourteenth Amendments of the United States Constitution.
5.1 Plaintiff commences this action pursuant to 42 U.S.C.§ 1983, which provides, in relevant
part, for redress for every person within the jurisdiction of the United States for the deprivation,
under color of state law, or any rights, privileges, or immunities secured by the Constitution and
laws of the United States, and 42 U.S.C. § 13981, as well as related state law and common law
5.2 At all times relevant herein, Defendants Atwood, Watson, and Smith were acting under
5.3 At all times relevant herein, Defendants TDCJ and Unit Jail were the ultimate policymakers
for jail employees. Defendants Atwood, Watson, and Smith were at all times relevant hereto,
employees of the Unit Jail in Jefferson County, Texas. At all times material hereto, Defendants
VII.
NOTICE OF FACTS
6. On December 9, 2017, Plaintiff was working in her capacity as a Correction Officer IV and
was at her assigned duty spot. While Plaintiff was at her assigned spot, Defendants, Atwood,
Watson, and Smith, informed Plaintiff that they needed to speak to her about a private matter in
the food service area. Plaintiff questioned as to what Defendants Atwood, Watson and Smith
6.1 While hesitant and after asking what the issue was numerous times, Plaintiff followed
Defendant Atwood, Watson, and Smith as she thought the matter was work related and she was
required to follow instructions from her superior officers. Defendants Atwood, Watson, and Smith
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were leading Plaintiff into the food service hallways which Defendants knew was not equipped
with video cameras and afforded Defendants Atwood, Watson, and Smith privacy and seclusion
6.2 When Plaintiff arrived in food service hallway, Defendant Watson asked Plaintiff to follow
them further down the food service hallway, with Defendant Atwood behind her who immediately
locked the door behind her. Defendant Atwood then stated “Carver, I’m tired of you always going
6.3 Defendant Smith then violently pushed Plaintiff against the wall and proceeded to fondle
Plaintiff’s breasts while unbuttoning her shirt. Plaintiff cried and screamed for them to stop but to
her dismay Defendant Atwood proceeded to unbuckle his pants and say “You’re going to bust it
open right here!” The disgusting sexual violations did not stop there. Defendant Atwood then
started to rub Plaintiff’s buttocks and thighs, while Plaintiff was crying for Defendant Atwood to
6.4 Instead, Defendant Smith responded with, “what makes your think this is a game? We ain’t
[sic] playing!” In fear, Plaintiff attempted to open the door but was blocked by Defendant Watson
who removed Plaintiff’s hand from the doorknob and stood in front of the door. The vulgarity
continued when Defendants Smith and Watson asked Plaintiff “Why is it that you don’t want to
fuck [sic] with us? You think you’re too good to get this dick[sic]?” Plaintiff responded in surprise
and questioned where all this lude behavior was coming from. Defendant Smith said that he would
only let Plaintiff out if she agreed to come to his house in the morning so “we can all fuck. [sic]”
Defendant Atwood then approached Plaintiff and repulsively tried to unbuckle Plaintiff’s pants.
Plaintiff moved his hands off of her and cried for him to stop.
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6.5 After approximately 7-10 minutes of this horrific incident, when Defendants finally
stopped and before they opened the door to let Plaintiff out, they threatened Plaintiff not to tell
anyone about the incident or else something bad would happen to Plaintiff.
VIII.
DEFENDANTS’ CRIMINAL INDICTMENTS
7. On March 27, 2019, Defendants Atwood, Watson, and Smith were indicted for Official
7.1 As a result of Defendant Atwood’s indictment, the court gave Defendant Atwood two years
of deferred adjudication in exchange for a guilty plea. Defendant Smith and Watson’s criminal
IX.
CAUSES OF ACTION
8. Plaintiff re-alleges paragraphs 6-6.5 above, incorporating those allegations in this count,
8.1 Defendants Atwood, Watson, and Smith committed sexual assault against Plaintiff on
December 9, 2017, without consent or lawful authority by fondling her body and pulling at her
8.2 Defendants Atwood, Watson, and Smith intended to cause this harmful and offensive
contact with Plaintiff in that the fondling and other harmful acts were deliberate and in that the
acts of Defendants Atwood, Watson, and Smith were substantially certain to result in harm and
offense.
8.3 Defendants Atwood, Watson, and Smith exceeded the level of force necessary to
accomplish any legitimate law enforcement purpose or employer employee purpose and used
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physical force against Plaintiff under circumstances where no force was necessary or appropriate.
Defendants Atwood, Watson, and Smith acted in bad faith and with malicious purpose and in a
manner exhibiting wanton and willful disregard of human rights and safety.
8.5 Defendants Atwood, Watson, and Smith misused their power, possessed by virtue of state
law and made possible only because Defendants Atwood, Watson, and Smith were clothes with
the authority of state law. The violation of Plaintiff’s rights, as described above, occurred under
8.6 Defendants TDCJ and Unit Jail exhibited deliberate indifference in failing to adequately
investigate and remedy any prior conduct, in allowing an area in on the premises to be free of any
video surveillance, and in retaining but failing to adequately train, supervise, or discipline
8.7 The foregoing actions of Defendants were willful, wanton, and in reckless disregard of
Plaintiff’s rights.
8.8 As a direct and proximate result of the above unlawful acts and omissions, Plaintiff
sustained severe damages, including emotion pain, anguish, humiliation, insult, indignity, loss of
8.9 Based on the willful and malicious conduct of these Defendants, as is set out herein,
Plaintiff is entitled to a substantial award of punitive damages against Defendants sue in their
individual capacities.
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8.10 Plaintiff has been forced to retain counsel to represent her to vindicate her rights. Pursuant
to the provisions of 42 U.S.C. § 1988, Plaintiff is entitled to an award of reasonable attorney’s fees
and costs.
9. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Court, and
9.1 Defendants Atwood, Watson, and Smith committed battery against Plaintiff on December
7, 2017, without consent or lawful authority, by fondling her body and pulling at her clothing in
9.2 Defendants Atwood, Watson, and Smith intended to cause this harmful and offensive
contact with Plaintiff in that the fondling and other harmful acts were deliberate and in that
Defendants Atwood, Watson, and Smith threatened and intimidated Plaintiff in the course of the
harmful acts and the acts of Defendants Atwood, Watson, and Smith were substantially certain to
9.3 Defendants Atwood, Watson, and Smith exceeded the level of force necessary to enforce
compliance with lawful commands and acted in bad faith and with malicious purpose and in a
manner exhibiting wanton and willful disregard of human rights, safety, and property.
9.5 Defendants Atwood, Watson, and Smith misused their power, possessed by virtue of state
law and made possible only because Defendants Atwood, Watson, and Smith were clothes with
the authority of state law. The violation of Plaintiff’s rights, as described above, occurred under
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9.6 Defendants TDCJ and Unit Jail intentionally furthered Defendants Atwood, Watson, and
Smith’s ability to sexually assault Plaintiff and were therefore responsible for Defendants Atwood,
Watson, and Smith continuing their sexual abuse of Plaintiff or exhibited deliberate indifference
in failing to adequately investigate and remedy the complaints and in retaining but failing to
adequately train, supervise, and discipline Defendants Atwood, Watson, and Smith to prevent such
harm.
9.7 The foregoing actions of Defendants were willful, wanton, and in reckless disregard of
Plaintiff’s rights.
9.8 As a direct and proximate result of the above unlawful acts and omissions, Plaintiff
sustained damages, including emotional pain, anguish, humiliation, insult, indignity, loss of self-
esteem, inconvenience and hurt, because of Defendants’ actions, and is therefore entitled to
9.9 Based on the willful and malicious conduct of these Defendants, as is set out herein,
Plaintiff is entitled to a substantial award of punitive damages against Defendants sued in their
individual capacities.
9.10 Plaintiff has been forced to retain counsel to represent her to vindicate her rights. Pursuant
to the provisions of 42 U.S.C. §1988, Plaintiff is entitled to an award of reasonable attorney’s fees
and costs.
10. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Court, and
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10.1 Defendants Atwood, Watson, and Smith, by the foregoing actions practiced discrimination
and harassment against Plaintiff based upon her sex in violation of the Fourteenth Amendment to
10.3 Plaintiff is a woman and is therefore a member of a protected class within the meaning of
applicable law.
10.4 Defendants Atwood, Watson, and Smith misused their power, possessed by virtue of state
law and made possible because Defendants Atwood, Watson, and Smith were clothed with the
authority of state law. The violation of Plaintiff’s rights, as described above, occurred under color
10.5 Defendants TDCJ and Unit Jail exhibited deliberate indifference in failing to adequately
investigate and remedy the complaints and in retaining but failing to adequately train, supervise,
and discipline Defendants Atwood, Watson, and Smith to prevent such harm.
10.6 In promulgating policies which permitted or encouraged or permitted the cover-up of such
actions by its officers, Defendant TDCJ and Unit Jail contributed to the constitutional violation of
Plaintiff.
10.7 The foregoing actions of Defendants were willful, wanton, and in reckless disregard of
Plaintiff’s rights.
10.8 The disparate treatment, discrimination, and harassment described herein was based on
10.9 As a direct and proximate result of the above unlawful acts and omissions, Plaintiff
sustained damages, including emotional pain, anguish, humiliation, insult, indignity, loss of self-
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esteem, inconvenience and hurt, because of Defendants’ actions, and is therefore entitled to
10.10 Based on the willful and malicious conduct of Defendants Atwood, Watson, and Smith, as
is set out herein, Plaintiff is entitled to a substantial award of punitive damages against Defendants
10.11 Plaintiff has been forced to retain counsel to represent her to vindicate her rights. Pursuant
to the provisions of 42 U.S.C. §1988, Plaintiff is entitled to an award of reasonable attorney’s fees
and costs.
11. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Court, and
11.1 In forcibly seizing and fondling Plaintiff, Defendants Atwood, Watson, and Smith
intentionally and unlawfully violated Plaintiff’s Fourteenth Amendment right to bodily integrity
11.2 Defendants TDCJ and Unit Jail having notice of the risk of sexual abuse of Plaintiff and
other females, failed to provide safe facilities for the care of women in their jail or provide a safe
alternative.
11.3 Defendants Atwood, Watson, and Smith misused their power, possessed by virtue of state
law and made possible only because Defendants were cloaked with the authority of state law. The
violation of Plaintiff’s rights, as described above, occurred under color of state law and is
11.4 The foregoing actions of Defendants were willful and wanton and in deliberate or reckless
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11.5 As a direct and proximate result of the above unlawful acts and omissions, Plaintiff
sustained damages, including emotional pain, anguish, humiliation, insult, indignity, loss of self-
esteem, inconvenience and hurt, because of Defendants’ actions, and is therefore entitled to
compensatory damages.
11.6 Based on the willful and malicious conduct of Defendants, as is set out herein, Plaintiff is
12. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Count,
12.1 Plaintiff asserts her common law claim to be free from physical assault and physical abuse.
Defendants Atwood, Watson, and Smith in their official capacity of Defendants TDCJ and Unit
Jail were reckless and unconscionable in causing and allowing injury and damages to plaintiff.
Defendants Atwood, Watson, and Smith were negligent in their false imprisonment, seduction,
sexual abuse, invasion of privacy, and manipulation of plaintiff which caused life-altering and
enhanced damages. Plaintiff seeks actual and punitive resulting from such conduct.
13. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Count,
13.1. Defendants Atwood, Watson, and Smith committed wrongful actions on December 9, 2017
including the physical confinement and restraint of Plaintiff against her will and without lawful
purpose or justification.
13.2 The foregoing actions of Defendants Atwood, Watson, and Smith were willful, wanton,
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13.3 As a direct and proximate result of the above unlawful acts and omissions, Plaintiff
sustained damages, including emotional pain, anguish, humiliation, insult, indignity, loss of self-
esteem, inconvenience and hurt, because of Defendants’ actions, and is therefore entitled to
13.4 Based on the willful and malicious conduct of Defendants Atwood, Watson, and Smith, as
is set out herein, Plaintiff is entitled to a substantial award of punitive damages against Defendants.
14. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Count,
14.1 Plaintiff had a reasonable expectation that the integrity of her body would not be invaded
by three men. Defendants Atwood, Watson, and Smith invaded Plaintiff’s body integrity by
initially locking her in a food service hallway, tearing her uniform blouse open, unzipping her
uniform pants, groping her breasts and thrusting their face into her breasts and pelvic
area…”bumping” into her butt, “squeezing” by her body in such a manner as to have Defendant
Atwood’s groin rub up against the body of Plaintiff, “trapping” plaintiff in a food service hallway
on the Unit Jail premises and eventually groping and feeling on her breasts, butt and other body
parts. Such conduct, even before there was vaginal or oral penetration, were invasions of her
privacy rights for which Plaintiff now brings suit. She seeks actual and punitive damages against
Defendants Atwood, Watson, and Smith and for her invasion of her privacy rights.
15. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Count,
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15.1 Defendants Atwood, Watson, and Smith engaged in reckless sexual assaults and common
law assault against Plaintiff. These defendants are liable for actual and punitive damages for their
16. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Count,
16.1 Defendants Atwood, Watson and Smith’s conduct was unconscionable. Their conduct was
reprehensible and against all reasonable tenets of a civilized society. Such conduct constitutes
indecency and is actionable as unconscionable conduct under Texas common law. Defendant
TDCJ Unit Jail’s cooperation in the silence if equally reprehensible and actionable under Texas
common law.
17. Plaintiff re-alleges paragraphs 6-6.5 above, incorporates those allegations in this Count,
17.1 The defendants were all negligent and grossly negligent for which plaintiff seeks actual
18. In agreeing to conceal, commit, and/or permit the assault on Plaintiff, all defendants acted
in concert with one another with the reasonable knowledge and intent that plaintiff would be
abused and assaulted. To accomplish the object of their agreement, Defendants Atwood, Watson,
and Smith physically assaulted plaintiff while aided, abetted and engaged in a cover-up of the
behavior.
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18.1 The conduct of all defendants was committed with legal malice and conscious indifference
18.2 Defendants also breached the contract and oral agreements they made to plaintiff in the
18.3 Plaintiff re-alleges and incorporates by reference the allegations made above.
18.4 Defendants’ conduct constitutes gross negligence, unconscionable and willful misconduct,
and aide and abetting unlawful acts against Plaintiff. All defendants have acted in such a willful
and conscious manner and with disregard for plaintiff’s rights so as to allow for the imposition of
punitive damages. Defendants have specifically intended conduct that has caused substantial injury
to plaintiff and defendants have acted in flagrant disregard of the rights, welfare and safety of
others, and with actual awareness. Defendants’ actions and inactions constitute intentional,
knowing and willful misconduct. Therefore, Plaintiff is entitled to recover from Defendants
exemplary damages in an amount determined by the jury to be appropriate and fitting under the
circumstances.
19. Plaintiff re-alleges 6-6.5 above, incorporates those allegations in this Count, and further
alleges as follows:
19.1 Defendants Atwood, Watson, and Smith, by the conduct described herein, including the
victimization of a person in Defendants Atwood, Watson, and Smith’s charge, the threats against
Plaintiff at the time of the fondling and sexual abuse, the demand for sexual favors and vulgarity,
constitutes outrageous conduct that would shock the conscience of a reasonable person, and
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19.2 As a direct and proximate result of the above unlawful acts and omissions of Defendants’,
Plaintiff sustained damages, including emotional pain, anguish, humiliation, insult, indignity, loss
of self-esteem, inconvenience and hurt, because of Defendants’ actions, and is therefore entitled
19.3 Based on the willful and malicious conduct of Defendants, as is set out herein, Plaintiff is
QUALIFIED IMMUNITY
20. It is anticipated that Defendants will raise, or will attempt to raise, a defense of qualified
immunity. In this regard, Plaintiff pleads that it was well-established law, as of well prior to
December 9, 2017, that every citizen of the United States has a clearly defined constitutional right
to be free from unwanted sexual touching and sexual assault by law enforcement officers in
accordance with the Fourth and Fourteenth Amendments to the United States Constitution, as
applied to the several states through the Fourteenth Amendment. No reasonable law enforcement
officer would have acted as the Defendants did under these circumstances. See, e.g., Roe v. Tex.
Dept. Prot. & Reg. Servs., 299 F.3d 395 (5th Cir.2002); Doe v. Taylor Independent School Dist.,
15 F.3d 443 (5th Cir. 1994); Doe v. Clairborne County, Tenn., 103 F.3d 495 (6th Cir. 1996).
Defendants are, therefore, not entitled to protection of qualified immunity for this lawsuit.
21. Plaintiff has been required to retain the services of attorneys to represent her in this
complex and difficult proceeding and prosecute this cause of action on her behalf. Plaintiff has
retained the undersigned attorney to represent her, and pursuant to 42 U.S.C. §1988(b) of the
Federal Civil Rights Act, she is entitled to recover her reasonable and necessary attorney’s fees
incurred for the attorney, and the reasonable and necessary expenses incurred in the pursuit of this
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claim at the trial level, the Court of Appeals level, if the case is appealed to that Court, and the
JURY DEMAND
22. Plaintiff demands a jury trial and tenders the required jury fee.
DAMAGES
23. Plaintiff now seeks and requests from the Court a jury trial and entry of judgment granting
a. Reasonable medical care and expenses in the past. These expenses were incurred by
Plaintiff, Tiffany Carver, for the necessary care and treatment of injuries resulting from
the incident complained of herein and such charges are reasonable and were usual and
customary charges for such services in Jefferson County, Texas;
b. Reasonable and necessary medical care and expenses which will, in all reasonable
probability, be incurred in the future;
h. Loss of earning capacity which will, in all probability, be incurred in the future;
i. Loss of consortium in the past, including damages to the family relationship, loss of
care, comfort, solace, companionship, protection, services, and/or physical relations;
j. Loss of consortium in the future including damages to the family relationship, loss of
care, comfort, solace, companionship, protection, services, and/or physical relations;
l. Reasonable and necessary attorneys’ fees through the time of trial, and such further
attorneys’ fees in the event this matter is appealed;
m. Punitive damages;
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n. Court costs;
p. Such other and further relief, general and special, legal and equitable, to which Plaintiff
may be justly entitled.
Respectfully submitted,
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