Professional Documents
Culture Documents
12/11/2018 5:12 PM
CIT CML/SAC 1
Donna Kay McKinney
Bexar County District Clerk W/ JD
Accepted By: Roxanne Mujica
2018CI23309
CAUSE NO. ___________________
(hereinafter referred to as Defendant or “Bexar County”, and for cause of action will show unto
I.
PARTIES AND SERVICE
1. Plaintiff, Moreno, is a citizen of the United States and the State of Texas and resides in San
2. Defendant, Bexar County, is a Political Subdivision within the State of Texas and
3. Defendant, Bexar County, may be served with process by delivering a copy of Plaintiff’s
Original Petition to Nelson Wolff, County Judge of Bexar County, via certified mail return
receipt requested at 101 West Nueva, 10th Floor, San Antonio TX 78205-3482.
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II.
JURISDICTION AND VENUE
4. This Court has jurisdiction of this action, as this case arises under the Texas Labor Code
Sections 21.051 and 21.055 and damages are within the jurisdictional limits of this court
and will continue to increase as this case proceeds to trial. Moreover, venue is proper in
Bexar County, Texas, pursuant to the Texas Civil Practice and Remedies Code § 15.002,
as all or a substantial part of the events or omissions giving rise to this claim occurred in
this county.
III.
NATURE OF ACTION
5. This is an action brought pursuant to Texas Labor Code Section 21.051 and Section 21.055
to correct and recover for Defendant’s unlawful employment practices on the basis of
Plaintiff’s sex and retaliation for Plaintiff opposing discrimination based upon Plaintiff’s
sex.
IV.
CONDITIONS PRECEDENT
V.
FACTS
8. On or about January 8, 2001, Plaintiff began working as a Deputy Constable for Bexar
County Constable, Pct. 2. Plaintiff exceeded expectations and never had issues related to
his work performance as he was promoted to Chief Deputy. In January 2017, Moreno’s
relationship with Constable Barrientes Vela took a turn for the worse. Vela exacted
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punishment on deputies that was not supported by the facts and Chief Deputy Moreno
pushed back against Vela’s unfair treatment of the Bexar County employees.
9. On July 30, 2017, Plaintiff and Lt. De La Cerda attended a three-day class in Galveston
along with Constable Vela. At this conference, Vela sexually harassed Moreno and De La
Cerda was a witness to the sexual harassment. Moreno opposed the sexually inappropriate
conduct of Vela as she referred to Moreno as her husband while in the hotel hot tub and
repeatedly made efforts to touch and caress Plaintiff. Moreno made it clear to anyone
present that he was not Vela’s husband and he did not want Vela touching him.
10. Vela engaged in retaliatory conduct against Moreno because he refused her sexual
overtures. Finally, on December 28, 2017, Moreno received written discipline from Vela
and he was demoted from his role as Chief Deputy in Constable Pct. 2. Vela was setting
Moreno up for failure and issuing written disciplines that were not justified. The demotion
from Chief Deputy was announced to all deputies on January 2, 2018. Vela claimed that
Moreno was taking classes by computer that were not approved by her. Moreno explained
that some of the classes taken by computer were for assistance in administrative duties.
Vela accepted Moreno’s explanation. Then on January 11, 2018, Vela accused Plaintiff of
falsifying government documents which in truth and in fact was a slanderous allegation
and was an accusation leveled at Moreno in retaliation for his opposition to sex
discrimination. Plaintiff was placed on administrative leave and forced to surrender his
11. On February 23, 2018, Moreno was issued a notice of proposed discipline effectively
dismissing Plaintiff from his 17-year career as a Constable Deputy. Moreno was escorted
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to his office to retrieve any personal property and then escorted off the Constable Pct. 2
property.
12. On March 9, 2018, Plaintiff was officially terminated. Moreno appealed his dismissal to
the Civil Service. Plaintiff returned to work on June 23, 2018, and he was immediately
subjected to retaliation for having opposed sex discrimination. Moreno was 1) not
permitted to speak with other deputies; 2) assigned to a desk in the lobby and not permitted
in the secure area of the office; 3) required to get permission from a supervisor to go to the
restroom; and 4) issued 2 write-ups for missing roll call and not returning to work in
uniform. Plaintiff missed roll call because he was denied access to the secure area. Moreno
did not return in uniform because he must be sworn in before he is allowed to wear the
uniform and that is the law in Texas. A variety of harassment has been dished out to
VI.
SEX DISCRIMINATION
UNDER § 21.051 OF THE TEXAS LABOR CODE AND RETALIATION FOR
OPPOSING SEX DISCRIMINATION UNDER SECTION 21.055
13. Plaintiff incorporates by reference the allegations contained in paragraphs 1-11 as if fully
against Plaintiff on the basis of his sex in violation of Section 21.051 et seq., of the Texas
classified Plaintiff in a manner that would deprive or tend to deprive him of an employment
opportunity or adversely affect his status because of Plaintiff's sex in violation of Section
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21.051 et seq., of the Texas Labor Code.
15. Defendant intentionally retaliated against Plaintiff and engaged in an unlawful employment
VII.
DAMAGES
16. Plaintiff sustained the following damages as a result of the actions and/or omissions of
mental anguish, loss of enjoyment of life, and other non-economic damages) allowed
b. Economic damages in the form of lost back pay from the date of him being
c. Front pay in an amount the Court deems equitable and just to make Plaintiff whole;
17. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff hereby seeks monetary
relief over $200,000.00 but less than $1,000,000.00 including costs, expenses, pre- and
post-judgment interests, and attorney’s fees. Plaintiff further requests that the non-
VIII.
JURY DEMAND
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18. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
IX.
REQUEST FOR DISCLOSURE
19. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose within
fifty (50) days of the service of this request the information or material described in Texas
X.
PRAYER
respectfully prays that Defendant, Bexar County, be cited to appear and answer herein, and
that upon a final hearing of the cause, judgment be entered for the Plaintiff against
Defendant for damages in an amount within the jurisdictional limits of the Court, together
with interest as allowed by law, costs of court, and such other and further relief to which
Respectfully submitted,