Filed: 8/14/2020 2:43 PM

Lisa David, District Clerk

Williamson County, Texas
Michele Rodriguez

20-1213-C368
CAUSE NO.

MICHAEL KLIER IN THE DISTRICT COURT

Williamson County - 368th Judicial District Court
VS. JUDICIAL DISTRICT

WILLIAMSON COUNTY, TEXAS WILLIAMSON COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES MICHAEL KLIER, hereinafter referred to as Plaintiff, and files this his

Original Petition complaining of WILLIAMSON COUNTY, TEXAS, hereinafter referred to as

Defendant, and for cause of action would respectfully show the Court the following:

I.
DISCOVERY CONTROL PLAN AND JURY DEMAND

This is a Level 3 case pursuant to TEX. R. Civ. P. 190.4.

Pursuant to TEX. R. Civ. P. 216, Plaintiff requests a jury trial. Accordingly, Plaintiff

tenders the proper jury fee with the filing of this Petition.

II.
JURISDICTION AND VENUE

Venue of this lawsuit is proper in Williamson County, Texas. Defendant WILLIAMSON

COUNTY, TEXAS is a governmental entity, organized under the laws of the State of Texas.

Pursuant to Section section 15.086, of the Texas Civil Practice and Remedies Code, venue is

mandatory in Williamson County, Texas.

This lawsuit is brought prusuan.t to the Texas Whistleblower Act, which contains an

PLAINTIFF'S ORIGINAL PETITION PAGE 1

Envelope# 45399643
express waiver of the County's sovereign immunity. Tex. Gov. Code Ann., sec. 554.0035.

The matter in controversy exceeds the sum or value of the minimum jurisdictional limits

of this Court, exclusive of costs and interest, and therefore, jurisdiction is proper in this Court.

While the amount of damages to be awarded will be the decision made by a jury of Plaintiff's

peers, to comply with Tex. R. Civ. P. 47, as revised, Plaintiff states he is seeking damages

pursuant to Rule 47(c)(4), in that he is seeking monetary relief of over $200,000.00 but not more

than $1,000,000.00.

III.
PARTIES AND SERVICE

Plaintiff MICHAEL KLIER is an individual residing in Williamson County, Texas.

Defendant WILLIAMSON COUNTY, TEXAS is a county governmental entity operating under

the laws of the State of Texas, and which may be served with process, by serving its County

Judge, Bill Gravell, Jr., at '710 S. Main Street, Suite 101, Georgetown, Texas. 78626.

IV.
STATEMENT OF FACTS

At all times relevant to Plaintiff's claims herein, Plaintiff MICHAEL KLIER was a public

employee of the Defendant, WILLIAMSON COUNTY, TEXAS and employed by the Williamson

County Sheriff's Office (hereinafter "WCSO") as a deputy sheriff The Williamson County

Sheriff's Office was a governmental entity at all times relevant hereto. The Sheriff of

Williamson County, Robert Chody (hereinafter "Chody"), was and is an elected official. At all

times relevant herein, Chody was acting in his official capacity as Sheriff of Defendant,

WILLIAMSON COUNTY. Accordingly, Defendant WILLIAMSON COUNTY is liable for both

WCSO's and Chody's misdeeds and violations of the Whistleblower Act. Chody, WCSO and

PLAINTIFF'S ORIGINAL PETITION PAGE 2

 WILLIAMSON COUNTY, by and through the actions and misdeeds of Chody and WCSO are

sometimes collectively referred to as "Defendant".

Plaintiff MICHAEL KLIER was a Detective at the Williamson County Sheriffs Office. In

April 2018 Plaintiff MICHAEL KLIER, as the on-call Detective responded to notification an

individual in custody, Daniel McCoy was found non-responsive in his cell. After investigating

the circumstances surrounding McCoy's condition, Plaintiff MICHAEL KLIER concluded the

medic (Sgt. Nira) had been reckless in his handling of Daniel McCoy and that his reckless

actions resulted in the prioner's death.

During the investigation, Plaintiff MICHAEL KLIER became aware of a Facebook group

that the medics employed by the WCSO had formed. The group had posted comments on

Facebook related to the McCoy matter. In these social media posts and comments, members of

the group were laughing about Daniel McCoy's death. In one comment, the poster bragged they

had saved the County a thousand dollars ($1,000.00) a month in medication costs. In another

post the author inquired whether Sheriff Chody was going to "Facebook about this". During a

briefing on or about April 16, 2019, MICHAEL KLIER notified the Sheriff (Robert Chody) of the

findings of the ongoing investigation and about the Facebook messages he had discovered.

Sheriff Chody's response was , "I don't Facebook, I tweet". Apparently the Sheriff was not

concerned about this finding.

Following that meeting, all paper copies of the Facebook messages were left in a room

with Asst. County Attorney Jason Nassour, Sheriff Robert Chody, and Chief Tim Ryle. A short

time later, Commander Brinkmann instructed/ordered Plaintiff MICHAEL KLIER to omit the

messages from the report, advised him they did not have anything to do with the event in the cell,

PLAINTIFF'S ORIGINAL PETITION PAGE 3

 and indicated the Facebook messages merely constituted bad (unauthorized) conduct by the

individuals involved in posting the messages. Plaintiff MICHAEL KLIER was subsequently

removed from the case and the case was turned over to the Major Case department to work with

the Rangers. It is important to note MICHAEL KLIER wrote more than half the reports and he had

never spoken to Ranger Phillips. The digital Facebook messages were saved on Plaintiff

MICHAEL KLIER'S County-issued cellular telephone, which was retained in case they were

needed. Later, Lt. Lowthorp of the Office of Professional Standards ("OPS") took possession of

Plaintiff MICHAEL KLIER's cellular telephone in which the messages were saved.

On or about November 7, 2019, Plaintiff MICHAEL KLIER went to Lt. Morris with the

Criminal Investigations DiviSion of the Williamson County Sheriff's Office and again asked

what he should do with the Facebook messages, since the WCSO had received an open records

request for all of his work dUring the McCoy case. Lt. Morris and MICHAEL KLIER spoke in his

office, with Lt. David Lowthorp in attendance. Neither Lt. Morris nor Lt. Lowthorp offered any

guidance to Plaintiff. On or about November 7, 2019, MICHAEL KLIER e-mailed all of the

Facebook messages he had photographed with his County-issued cellular telephone to Lt. Morris,

then asked what he should do with the messages. To this day, Plaintiff MICHAEL KLIER has

received nothing in response to this inquiry.

On or about December 13, 2019, Plaintiff MICHAEL KLIER read a KVUE news article

about the lawsuit involving McCoy. He immediately went to Lt. Travis and asked him what he

should do with the Facebook messages. Lt. Travis responded by taking Michael Klier to

Assistant Chief Fikac, at which time Michael Klier asked Assistant Chief Ficac for guidance.

Chief Ryle told Asst. Chief Ficac to take Plaintiff MICHAEL KLIER to the Office of Professional

PLAINTIFF'S ORIGINAL PETITION PAGE 4

Standards (OPS) for the purpose of giving a witness statement for Sgt. Nira's case about the

messages.

On December 13, 2019 at the Office of Professional Standards, Plaintiff MICHAEL KLIER

gave a witness statement in the OPS file for Sgt. Nira's case (OPS 761). He gave his witness

statement to Lt. David Lowthorp. Lt. Lowthorp had possession of Plaintiff's original photos of

the Facebook messages that he had left with the Sheriff and Chief Tim Ryle.

On December 17, 2019, Plaintiff MICHAEL KLIER was placed under investigation by the

Office of Professional Standards for incompetent or ineffective behavior. At that time, Plaintiff

had no modified assignments, was still working as a detective and performing "on-call" work.

On or about January 20, 2020, Plaintiff MICHAEL KLIER's OPS investigation was

extended with no reason provided.

On January 27, 2020, Plaintiff MICHAEL KLIER spoke to Williamson County Assistant

District Attorney Mike Davis at the Williamson County District Attorney's office, along with

Assistant District Attorney Jamie Falica. During that meeting MICHAEL KLIER informed them

both of multiple cases in which the Williamson County Sheriff's Office had lied or withheld

evidence from the District Attorney and the Rangers. Plaintiff then returned to the Williamson

County Sheriff's Office the same morning and told his direct supervisor, Sgt. Jason Breautigam

that he had gone to the Williamson County District Attorney and reported several violations of

the law (whistle blower activity) involving the Williamson County Sheriff's Office and its

employees. He also told Sgt. Breautigam he would be in late on the 30th because he was giving

his official statement and turning over the rest of the evidence in his possession regarding the

violations of law by the Williamson County Sheriff's Office that day.

PLAINTIFF'S ORIGINAL PETITION PAGE 5

 On January 28, 2020 Sgt. Breautigam wrote a memo to Lt. Travis and Lt. Morris

notifying the Chain of Command at the Williamson County Sheriffs Office of Plaintiff MICHAEL

KLIER's actions, i.e. reporting violations of law committed by the WCSO to the Williamson

County District Attorney.

On January 29, 2020 OPS Lt. David Lowthorp received an e-mail from Chief Tim Ryle

stating Plaintiff MICHAEL KLIER was to be placed on Administrative leave so that he (Chief Ryle)

could look into Plaintiff MICHAEL KLIER's behavior. Lt. Lowthorp showed the e-mail to

Plaintiff. MICHAEL KLIER then asked Lt. Lowthorp what behavior was in issue and Lt. Lowthorp

replied, "I do not know". While in the room utilized for recording statements, Plaintiff

MICHAEL KLIER told Lt. Lowthorp about his whistleblower activity, i.e. reporting violations of

law committed by the Williamson County Sheriffs Office and its employees to the Williamson

County District Attorney. He was then placed on administrative leave and escorted out of the

Williamson County Sheriffs Office.

Sgt. Breautigam told Plaintiff that the memo he wrote to Lt. Travis and Lt. Morris on

January 28, 2020 stated MICHAEL KLIER had met with the District Attorney and was scheduled

to return on January 30, 2020 to complete his statement to the investigators. He also told

Plaintiff the memo outlined their conversation of January 27, 2020, during which they discussed

the whistle blower report MICHAEL KLIER made to the District Attorney, and stated Plaintiff was

going to be a bit late on the 30th, as that was the date he would be sitting down again with the two

District Attorney investigators to provide details of what he had reported on the 27th. Sgt.

Breautigam turned in the memo on the afternoon of January 28, 2020. Plaintiff MICHAEL KLIER

was escorted out of the Williamson County Sheriffs Office the next morning. When MICHAEL

PLAINTIFF'S ORIGINAL PETITION PAGE 6

 KLIER asked Lt. Lowthorp to identify the behavior the Chief needed to look into, Lt. Lowthorp

replied he had no idea. The morning Plaintiff MICHAEL KLIER spoke with Williamson County

Assistant District Attorney Mike Davis, Davis replied "had I known about the messages

(Facebook) it may have changed my mind about the need for a grand jury".

On January 30, 2020 Plaintiff MICHAEL KLIER gave a full statement to the District

Attorney of all violations of law committed by the Williamson County Sheriffs Office and its

employees, including providing false information in an official investigaiton and withholding

evidence in violation of sections 37.08 False Report to a Peace Officer, 37.09 Tampering with or

Fabricating Evidence, and/or 37.10 Tampering with a Government Record, Texas Penal Code.

On February 10, 2020, Plaintiff MICHAEL KLIER was called in again in and charged with

untruthfulness. MICHAEL KLIER again asked Lt. David Lowthorp what he was untruthful about.

Lt. Lowthorp replied that he did not know.

On or about March 29, 2020, Plaintiff MICHAEL KLIER was demoted and again placed on

administrative leave. This demotion was unwarranted and the action was taken solely in

retaliation against Plaintiff MICHAEL KLIER for his whistleblower activity.

On June 29, 2020 Plaintiff MICHAEL KLIER was fired. The termination was unwarranted

and the action was taken solely in retaliation for his whistleblower activity.

Plaintiff MICHAEL KLIER, believed in good faith, these activities by his employer,

WILLIAMSON COUNTY, by and through Sheriff Chody and the WCSO Chain of Command,

violated state statutes and/or rules specifically sections 37.08 False Report to a Peace Officer,

37.09 Tampering with or Fabricating Evidence, and/or 37.10 Tampering with a Government

Record, Texas Penal Code, and that the Williamson County District Attorney's Office was an

PLAINTIFF'S ORIGINAL PETITION PAGE 7

appropriate law enforcement authority to which these violations should be reported.

Plaintiff MICHAEL KLIER contends that in reporting the above violations of law, he had a

good faith belief the actions of Sheriff Robert Chody, the Williamson County Sheriff's Office,

the WCSO's Chain of Command and therefore the County, violated state laws and/or rules, and

that the law enforcement agency to which he reported the violations, specifically the Williamson

County District Attorney's Office, was an appropriate law enforcement authority, i.e. was

authorized to regulate or to enforce the laws alleged to be violated in the report, to investigate

and/or to prosecute a violation of criminal law.

V.
AGENCY

Plaintiff MICHAEL KLIER would show that at all times relevant hereto, the employees and

agents of Defendant were acting within the course and scope of their employment with

Defendant and that Chody was at all times relevant, acting in his official capacity as the elected

Sheriff of Defendant WILLIAMSON COUNTY, TEXAS.

VI.
VIOLATIONS OF WHISTLEBLOWER ACT

Plaintiff MICHAEL KLIER would show that in reporting the above violations of law, he had

a good faith belief that the actions of Chody, WCSO, and its Chain of Command, and therefore

the County, violated state laws and/or rules, and that the law enforcement agency he reported the

violations to, the Williamson County District Attorney's Office, was an appropriate law

enforcement authority, i.e. was authorized to regulate under or enforce the laws alleged to be

violated in the report or investigate or to prosecute a violation of criminal law.

The Defendant's actions in demoting and terminating Plaintiff MICHAEL KLIER from his

PLAINTIFF'S ORIGINAL PETITION PAGE 8

position as Detective with the Williamson County Sheriff's Office constitute a violations of the

Texas Whistleblower Act, Tex. Gov't Code Sec. 554.001 et seq, in that Plaintiff MICHAEL KLIER

was a public employee who was demoted and then terminated by Defendant in retaliation for

reporting violations of law by his employer and employees of his employer, to an appropriate law

enforcement authority.

VII.
DAMAGES

Plaintiff MICHAEL KLIER would show as a result of the retaliation against him, he has

suffered damages and is entitled to recover his damages in the past and in the future including,

lost wages, loss of employment benefits, front pay, pecuniary losses, emotional pain, suffering,

mental anguish, inconvenience, and loss of enjoyment of life within the jurisdictional limits of

this court. Plaintiff MICHAEL KLIER would further show that Defendant's unlawful action as

described above was the producing causes of said damages.

Plaintiff MICHAEL KLIER seeks reinstatement to his former or an equivalent position;

compensation for wages lost since his removal and demotion and reinstatement of fringe benefits

and seniority rights lost because of the termination.

VIII.
GRIEVANCE PROCEDURES

Plaintiff MICHAEL KLIER has exhausted the available grievance or appeal procedures as

of June 29, 2020. Pursuant to Tex. Government Code section 554.006, all conditions precedent

to the filing of this action have been satisfied.

IX.
ATTORNEY FEES

Plaintiff MICHAEL KLIER is entitled to attorney's fees pursuant to Chapter 554 of the

PLAINTIFF'S ORIGINAL PETITION PAGE 9

Texas Government Code.

X.

Pursuant to Chapter 30.014 of the Texas Civil Practice & Remedies Code, the last three

digits of Plaintiff MICHAEL KLIER social security number are 864 and the last three digits of his

driver's license number are 172 .

XI.
NOTICE OF INTENT TO USE DOCUMENTS

Pursuant to Tex. R. Civ. P. 193.7, Plaintiff MICHAEL KLIER, by and through the

undersigned attorneys, notifies Defendant of Plaintiffs intention to use, any pretrial proceeding

or at trial, any documents produced by Defendant in response to Plaintiffs written discovery.

XII.
REQUEST FOR DISCLOSURE

Under the authority of Texas Rules of Civil Procedure 194, Plaintiff MICHAEL KLIER

requests that Defendant disclose within fifty (50) days of service of this request, the information

or material described in Rules 194.2 and 194.3 and 194.5.

XIII.
PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff MICHAEL KLIER prays that

Defendant WILLIAMSON COUNTY, TEXAS be cited to appear and answer herein, and upon

hearing, the Court declare Defendant's acts in violation of the Texas Whistleblower Act; that

Defendant WILLIAMSON COUNTY, TEXAS be permanently enjoined together with all agents,

employees, successors and others directed by or in concert with them in future violations of the

Tex. Government Code; that the Plaintiff be awarded judgment, reinstatement, his damages,

prejudgment interest, post judgment interest, all interest to be paid by the highest legal rate, for

PLAINTIFF'S ORIGINAL PETITION PAGE 10

 costs of court, reasonable attorney's fees, expert witness fees, for reinstatement of Plaintiff

MICHAEL KLIER to a comparable position with Defendant if front pay is not awarded, and for

such other and further relief, either at law or in equity, to which Plaintiff may be justly entitled.

Respectfully submitted,

The Law Office of Randall D. Moore, P.L.L.C.

3701 S. University Drive
Fort Worth, Texas 76
Telephone: (8 48-9339
Teleco : (817) 348-9342
ail: rmoore@randallmoorel .co

By:
Randall D. i oore
State Bar No. 1 27

ATTORNEY FOR PLA N

Robert M. McCabe
State Bar No. 24026830
The Law Office of Robert M. McCabe
203 S. Austin Ave.
Georgetown, Texas 78626
Telephone: (512) 240-5385
Telecopier: (512) 597-3993
E-mail: robert@mccabecriminaldefense.com

CO-COUNSEL FOR PLAINTIFF

PLAINTIFF'S ORIGINAL PETITION PAGE 11