Case 4:19-cv-00337-ALM Document 1 Filed 05/08/19 Page 1 of 15 PageID #: 1
U.S. DISTRICT COURT FOR THE
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SUSAN HALE; THE ESTATE OF
STEPHEN McCORMACK
Plaintiff’s
V.
DENTON COUNTY; Tracy Murphree
DOES 1-50, inclusive,
Defendants.

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CIVIL ACTION 4:19-cv-337

JURY TRIAL DEMANDED

PLAINTIFF’S COMPLAINT
TO THE HONORABLE UNITED STATES DISTRICT COURT:
Stephen McCormack, Decedent, and Susan Hale (“Plaintiffs”) bring this action pursuant
to 42 U.S.C. § 1983, 28 U.S.C. §§ 1331, 1343, and the Eighth And Fourteenth Amendments of
the United States Constitution, to vindicate their rights for acts that resulted in the wrongful
death of Decedent Stephen McCormack and files this, their Original Complaint, complaining of
Denton County, DOES 1-50, and Sheriff Tracy Murphree (collectively, “Defendants”), and for
cause of action would show the Court as follows:
INTRODUCTION
On 29 August 2017 at about 3 PM, decedent Stephen McCormack was arrested by
Lewisville Police Department for a Pardon and Parole Warrant from Texas Department of
Criminal Justice (TDCJ). The following day on 30 August 2017 at or around 10:27 AM, Mr.
McCormack arrived at Denton County Jail. While at Denton County Jail, he was physically
exhibiting signs that he was suffering the adverse effects of drug ingestion, but he received no, or
negligible, medical attention. McCormack reported GHB use to the detention facility officers
multiple times. It was not until Mr. McCormack was found lying unresponsive in his cell that
emergency medical service (EMS) personnel were called. He was transported to a hospital at or

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around 3:54 PM, and his condition continued to deteriorate. Mr. McCormack died on 5
September 2017 due to the effects of his drug usage and lack of timely medical attention by
Denton County officers.

1. Parties
1. This action arises from the wrongful death of Stephen McCormack , who was at times of
the incident made herein, an individual in the custody of the Denton County Jail, Denton,
Texas. Plaintiff Susan Hale is McCormack’s mother. She is also a resident of Denton
County. She is the personal representative of the Estate of Stephen McCormack. The
sole heir of his estate is Susan Hale.
2. Defendant Denton County (“County”) is and at all times mentioned herein was a public
entity authorized by law to establish certain departments responsible for enforcing the
laws and protecting the welfare of the citizens of Denton County. At all times mentioned
herein, Defendant County was responsible for overseeing the operation, management,
and supervision of the Denton County Corrections Facility, the Denton County Sheriff’s
Department, Defendant Sheriff Tracy Murphree, as well as the Sheriff’s deputies,
corrections officers, and medical staff.
3. The names of the individual Sheriff’s deputies, corrections officers, and medical staff
who were responsible for the care and custody of Stephen McCormack, and who were
responsible for the implementation of policies and procedures designed to ensure that the
medical needs of Denton County inmates are adequately met, are currently unknown to
plaintiff. As such, these individuals are sued as DOES 1-50.

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 2

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4. Defendant Tracy Murphree is, and at all times herein mentioned was, Sheriff of
Defendant County. As such he is responsible for supervising, operating, and managing
Denton County Jail.
5. The true names and capacities whether individual, corporate, associate or otherwise, of
defendants herein as DOES 1 through 50 are unknown to plaintiff, who therefore sue said
defendants by said fictitious names. Plaintiff will amend this complaint to show said
defendants’ true names and capacities when the same have been ascertained. Plaintiff
informed and believes and thereon alleges that all defendants sued herein as DOES are in
some manner responsible for the acts and injuries alleged herein.
6. At all times mentioned herein Defendant Murphree, unknown medical staff and jail
officers named herein as DOES 1 through 50 were employed by, or contractors for,
Defendant Denton County and in doing the acts hereinafter described acted within the
course and scope of their employment. The acts of all defendants and each of them were
also done under the color and pretense of the statutes, ordinances, and regulations of the
County of Denton and in the State of Texas.
7. In committing the acts and/or omissions alleged herein, all defendants acted under color
of authority and/or under color of law. Plaintiff sues all public employees named as
Defendants in their individual capacities.
8. Shortly after the events alleged herein, plaintiff Susan Hale filed a claim with the County
of Denton. A response to the claim was never answered or received.

2. JURISDICTION
9. This action is brought pursuant to 42 U.S.C. § 1983 and the EIGHTH and
FOURTEENTH AMENDMENTS to the United States Constitution, for wrongful death
Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 3

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and violation of constitutional rights by Defendant County of Denton and its correctional
officers. Accordingly, the Court has jurisdiction of this action under 28 U.S.C. §§ 1331
and 1343. This Court similarly has supplemental jurisdiction over Plaintiffs’ state law
claims for wrongful death, negligence, failure to summon medical care, negligent
supervision and training are alleged as well pursuant to 28 USC § 1367, as those claims
form part of the same case or controversy under Article III of the United States
Constitution.
3. VENUE
10. Venue is proper in the Eastern District of Texas under 28 U.S.C. § 1391(b)(1) and (2)
because the acts, events or omissions giving rise to this claim occurred in Denton, Denton
County, Texas, which falls within the United District Court for the Eastern District of
Texas, Sherman Division.
4. CONDITIONS PRECEDENT
11. All conditions precedent have been performed or have occurred.

5. BACKGROUND FACTS RELEVANT TO ALL COUNTS
12. On 29 August 2017, officers of the Lewisville, Texas Police Department came in contact
with Stephen McCormack after receiving complaints of a female and a male ingesting
drugs in the bathroom of a public establishment.
13. Lewisville Police Department Officer ran Stephen McCormack’s name and found out he
had a pending Pardon and Parole Warrant from TDCJ.
14. Mr. McCormack was arrested and transported to Lewisville Police Department jail,
where he remained less than twelve hours before being transported to Denton County jail.

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 4

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15. When he arrived at the Denton County jail around 10 AM, McCormack was exhibiting
signs of drug intoxication and overdose. He was sweating profusely and acting frigidly.
16. Defendant Denton County Deputy Nick Sulouff noticed McCormack McCormack’s
behavior and inquired about his well-being but never took measures to obtain medical
care.
17. Stephen McCormack was then evaluated by Defendant Officer Cody Clark. McCormack
at first stated he was not under the influence of any drug, but later admitted to GHB use.
Defendant Clark did not put McCormack on heightened watch.
18. At or around 11:45 AM, McCormack’s condition began to worsen. He began to vomit,
had difficulties standing up, and could not focus.
19. Around this time, Defendant Jail Medical Officer Steve Watz evaluated Mr. McCormack
and suggested to Defendant Deputy Sulouff that he should be taken to the hospital, but
that request was ignored.
20. At or around 1:30 PM, Defendant Medical Officer Clark finally gave Detention Sergeant
Randy Starr a verbal directive to place McCormack on heightened time checks but by this
time, McCormack’s physical state was quickly declining.
21. At or around 2:43 PM, McCormack was found to be unresponsive and not breathing.
22. Denton Fire and EMS were called, and McCormack was transported to Medical City
hospital in Denton, Texas.
23. McCormack then spent five days at Medical City hospital in Denton, but resuscitation
efforts were unsuccessful.
24. McCormack was pronounced dead on 5 September 5, 2017 at 6:47 PM due to the effects
of a methamphetamine overdose.

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 5

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VI. CLAIM 1:
42 U.S.C. §1983Amendment Cruel and Unusual Punishment [Against Does 1-50Deliberate Indifference to a Serious Medical Need]
(Brought by the Estate of Stephen McCormack, by and through his Administrator, Susan Hale)
8TH

25. Each of the paragraphs of this Complaint are incorporated as if fully set forth herein.
26. Prison officials are personally liable for a plaintiff’s constitutional deprivation if they
acted with “deliberate indifference to a serious medical need.” Estelle v. Gamble, 429
U.S. 97, 104 (1986). To allege deliberate indifference the deprivation must objectively be
“sufficiently serious…” Farmer v. Brennan, 511 U. S. 825, 834 (1994) (citing Wilson v.
Seiter, 501 U.S. 294, 298 (1991)). Additionally, the prison official must “know[] of and
disregard [] an excessive risk to inmate health or safety…” Farmer, 511 U.S. at 837. A
plaintiff must show that officials “refused to treat him, ignored his complaints,
intentionally treated him incorrectly, or engaged in any similar conduct that would clearly
evince a wanton disregard for any serious medical needs.” Domino v. Tex. Dep’t of
Criminal Justice, 239 F.3d 752, 755 (5th Cir. 2001).
27. Here, there is no evidence of any action that was taken to stop the progression of Mr.
McCormack’s medical decline.
28. McCormack’s death was ultimately caused by the reckless actions of the defendants and
the failure of the defendants to obtain timely medical treatment. Had the jailers or
medical staff provided timely and effective treatment and not ignored McCormack’s clear
symptoms of drug overdose, McCormack’s life would have likely been saved.
29. As a result of the defendant’s deliberate indifference to McCormack’s serious medical
needs, plaintiff was subjected to cruel and unusual punishment prohibited by the Eight

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 6

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Amendment of the United States Constitution. As a result, plaintiff is entitled to damages
pursuant to 42 U.S.C. § 1983 in an amount to be proved at trial.
30. The aforementioned acts and/or omissions of the defendants were reckless and/or
accomplished with conscious disregard of McCormack’s rights thereby entitling plaintiff
an award of exemplary and punitive damages according to proof.

VII. Claim Two
42 U.S.C. § 1983- 8TH Amendment Cruel and Unusual Punishment [Against Does 1-50Deliberate Indifference to a Serious Medical Need]
31. Each of the paragraphs of this Complaint are incorporated as if fully set forth herein.
32. Pleaded in the alternative, McCormack’s deprivation of his clearly established right to
adequate medical treatment was caused by Denton County jail officer’s deliberate
decision to leave McCormack in his cell to suffer through his withdrawal.
33. We know that McCormack’s cellmate had desperately and repeatedly made efforts to tell
Denton County officers that McCormack was in need to immediate medical attention
because as previously alleged, the reports do disclose that other cellmates were present in
his cell or transport.
34. These allegations are sufficient to state a claim for deliberate indifference to serious
medical needs. See id; see also Zidell v. Kanan, 428 F. App’x 426, 427 (5th Cir. 2011)
(intentionally ignoring “repeated requests for medical care” or ignoring a “medical order
to be in a wheelchair room,” caused the prisoner to fracture his foot, constitutes deliberate
indifference to serious medical needs). To be actionable, the detention officers’ conduct
must demonstrate subjective awareness of a substantial risk of serious harm and a failure
to take reasonable measures to abate this risk. Domino v. Tex. Dep’t of Crim. Justice, 239

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 7

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F.3d 752, 756 (5th Cir. 2001); Hare, 74 F.3d at 636, 648-49 (analyzing Farmer v.
Brennan, 511 U.S. 825 (1994))
35. As a result of Denton County’s deliberate indifference to plaintiff’s serious medical
needs, plaintiff was subjected to cruel and unusual punishment prohibited by the Eight
Amendment of the United States Constitution. As a result, plaintiff is entitled to damages
pursuant to 42 U.S.C. § 1983 in an amount to be proved at trial.
36. The aforementioned acts and/or omissions of the defendants were reckless and/or
accomplished with conscious disregard of Stephen McCormack’s rights thereby entitling
plaintiff an award of exemplary and punitive damages according to proof.

VIII. Claim Three
42 U.S.C. § 1983Amendment Cruel and Unusual Punishment [Against Defendant
Denton County and Defendant Murphree in his Individual Capacity for Failure to Train]
8TH

37. Each of the paragraphs of this Complaint are incorporated as if fully set forth herein.
38. Pleaded in the alternative, Denton County is liable for its failure to train Denton County
staff to recognize and treat a prisoner’s serious medical needs. A County is liable for
failing to adequately train jail employees where the County’s failure to adopt an adequate
training policy in that: “1) the County’s training policy procedures were inadequate, 2)
the County was deliberately indifferent in adopting its training policy, and 3) the
inadequate training policy directly caused the Eighth Amendment violation.” SandersBurns, 594 F.3d at 381 (citing Baker v. Putnal, 75 F.3d 190, 200 (5th Cir. 1996)). “The
standard is met when ‘the need for more or different training is so obvious, and the
inadequacy so likely to result in the violation of constitutional rights, that the
policymakers of the city can reasonably be said to have been deliberately indifferent to
Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 8

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the need.” Id ( quoting City of Canton v. Harris, 489 U.S. 378, 390 (1989)). “ The need to
act may be obvious because any reasonable person would recognize the need.” Gibson v.
County of Washoe, Nev., 290 F.3d 1175, 1195 (9th Cir.2002). The second approach, as the
Supreme Court hypothesized in City of Canton, Ohio v. Harris, 489 U.S. 378, 390 n.10
(1989), and analyzed further in Connick v. Thompson, 131 S. Ct. 1350, 1360-61 (2011),
is the limited exception for “single- incident liability” in a “narrow range of
circumstances” where a constitutional violation would result as “the highly predictable
consequence” of a particular failure to train. See also Brumfield, 551 F.3d at 329.
39. The need to train employees to recognize and address the serious risks associated with
methamphetamine withdrawal is obvious. Failure to treat the effects of a drug overdose,
whether complicated by underlying medical conditions or not, can easily result in death.
The medical literature and Denton County jail detoxification policy clearly recognizes the
severity of withdrawal symptoms and the high probability caused by underlying medical
conditions. As a result of Denton County’s failure to sufficiently train its employees,
McCormack was passed through intake and assigned a cell in general population in
which he would not receive any medical attention for his readily observable dangerous
medical condition.
40. Neither the intake screening nurse nor the Denton County medical staff were sufficiently
trained to diagnose, address, and treat methamphetamine withdrawal. The intake
screening nurse was not trained to: 1) interpret McCormack’s previous inmate health
records that showed a history of methamphetamine use; 2) take into account that
McCormack was currently in custody for warrant but was arrested after someone
witnessed his use of illicit drugs immediately prior to his arrest; 3) to recognize the

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 9

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obvious signs of methamphetamine intoxication, and; 4) to adequately address the serious
medical risks that McCormack would face from overdose and the withdrawal process.
Furthermore, the medical staff who treated McCormack on the morning following his
incarceration were well aware of McCormack’s serious withdrawal symptoms but were
inadequately trained to recognize McCormack’s serious medical risks.
41. Lack of sufficient training in methamphetamine detoxification was a direct cause of
McCormack’s death. Had Denton County staff been adequately trained to recognize any
of the signs and risk of acute methamphetamine withdrawal, which is a rather common
and frequent task they should be expected to perform, McCormack would not have been
housed in general population where his medical needs would go unsupervised. This
demonstrates an obvious lack of training to identity methamphetamine addicts and
appropriately assign them to a cell where increased observation is available according to
the severity of their withdrawal symptoms.
42. In doing the acts and/or omissions herein alleged, defendants were deliberately
indifferent to the serious medical needs to McCormack which caused the unnecessary
infliction of pain and physical injury on McCormack, resulting in his untimely death.
The actions and inactions of the Denton County staff resulted in the violation of his rights
under the Eighth Amendment of the United States Constitution.
43. The aforementioned acts and/or omissions of defendants in violating plaintiff’s civil
rights were the direct and proximate result of the County’s failure to train Denton County
staff as alleged herein.

IX. CLAIM FOUR:
PLAINTIFF’S CLAIM FOR WRONGFUL DEATH AS TO ALL DEFENDANTS
Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 10

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44. Each of the paragraphs of this Complaint are incorporated as if fully set forth herein.
45. Plaintiffs have satisfied the notice requirement for suit against a government entity,
through a letter to the Denton County Sheriff.
46. Plaintiffs bring this claim against the Defendants for wrongful death, under Chapter 71 of
the Texas Civil Practice & Remedies Code. The actions of the Individual Defendants,
individually, collectively, and vicariously resulted in the wrongful death of Decedent
McCormack and caused harm and damages to Decedent McCormack’s mother and heir,
Susan Hale.
X. Claim FIVE:
Negligence
47. Each of the paragraphs of this Complaint are incorporated as if fully set forth herein.
48. At all times relevant, Defendants had a duty to take reasonable measures to prevent the
death of Mr. McCormack.
49. Defendants received actual notice more than once during Mr. McCormack’s detention that
Mr. McCormack’s physical health was rapidly deteriorating.
50. Upon notice of Mr. McCormack’s health, Defendants failed to act to get him immediate
medical assistance.
51. Defendants were acting within the course and scope of their employment at all times
relevant and breached their duty of care to Mr. McCormack by either (a) deviating
significantly from the policies and procedures in place to prevent his death or (b) failing to
adequately supervise and/or train officers to ensure that proper medical attention was given.
52. But for the intentional and negligent acts and omissions of Defendants and their violations
of the standards of care and statute set forth herein, Mr. McCormack would not have died.

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 11

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Defendants’ intentional and negligent acts and omissions therefore amount to wanton
negligence, and negligent failure to warn, train, and/or educate.

XI. CLAIM SIX
42 U.S.C. § 1983- Due Process – Deprivation of Familial Relationships
(Brought by Susan Hale, individually against All Defendants)
53. Each of the paragraphs of this Complaint are incorporated as if fully set forth herein.
54. Liability for deprivation of familial relationship exists in this case.
55. As a result of Defendants’ acts and/or omissions hereinabove described, including
defendants’ deliberate indifference to McCormack’s serious medical needs, McCormack’s
mother and heir, Susan Hale, deprived of their constitutional rights to familial association,
society, and companionship, without due process of law, in violation of the Fourteenth
Amendment of the United States Constitution.
XII. CLAIM SEVEN
42 U.S.C. § 1983- 8TH Amendment Cruel and Unusual Punishment [Against Defendant
Denton County and Defendant Murphree in his Individual Capacity for Failure to Treat
Medical Needs]

56. Each of the paragraphs of this Complaint are incorporated as if fully set forth herein.
57. The Eighth Amendment protects your rights to medical care. The Constitution guarantees
prisoners this right even though it does not guarantee medical care to people outside of
prison. The Supreme Court explained that this is because “[a]n inmate must rely on prison
authorities to treat his medical needs; if the authorities fail to do so, those needs will not be
met.” Estelle v. Gamble, 429 U.S. 97, 103 (1976).

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 12

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58. McCormack’s decline was witnessed by several jail staff when he was sweating, vomiting,
had difficulties standing up, and could not focus, yet he was never treated for these
symptoms.
59. It was not until McCormack was found unresponsive in his jail cell that EMS paramedics
were finally called, and McCormack was transported to the hospital.
60. Unfortunately, by the time he arrived at the hospital, he had no chance of resuscitation.
61. In doing the acts and/or omissions herein alleged, defendants were deliberately
indifferent to the serious medical needs to McCormack which caused the unnecessary
infliction of pain and physical injury on McCormack, resulting in his untimely death.
The actions and inactions of the Denton County staff resulted in the violation of his rights
under the Eighth Amendment of the United States Constitution.
62. The aforementioned acts and/or omissions of defendants in violating plaintiff’s civil
rights were the direct and proximate result of the County’s failure to train Denton County
staff as alleged herein.

XII.

ATTORNEY’S FEES AND COSTS

1. Plaintiffs are entitled to an award of attorney’s fees and costs under 42 U.S.C. § 1988.

XIII. RELIEF REQUESTED
2. The preceding factual statements and allegations are incorporated by reference. For these
reasons, Plaintiffs pray for judgment against Defendants, any and all of them, for the
following:
i. Compensatory damages;

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 13

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ii. Pre-judgment and post-judgment interest;
iii. Attorney’s fees and expenses;
iv. Punitive damages against the Individual Defendants;
v. Costs of Court; and
vi. Such other and further relief as the Court deems proper.
XIV. JURY DEMAND
Plaintiff respectfully demands a trial by jury and has tendered the appropriate fee for the
same.
XV.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs’ respectfully prays that
Defendants, be cited to appear and answer herein. And that upon a final hearing of the cause,
that this Court enter judgment in their favor and against Defendants, awarding compensatory
damages, costs, and attorneys’ fees as well as punitive damages against each of the Individual
Defendants and any other relief this Court deems appropriate.
a. Damages in an amount within the jurisdictional limits of this Court;
b. All damages, penalties, and attorneys’ fees allowed by 42 U.S.C. §§ 1983 and 1988,
and as otherwise may be allowed by federal law;
c. Pre-judgment interest (from the date of injury through the date of judgment) at the
maximum rate allowed by law;
d. Post-judgment interest at the legal rate;
e. Costs of the court; and
f. Such other and further relief to which Plaintiff may be entitled at law or equity.

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 14

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Respectfully submitted,
Law Office of Patrick J. McLain
/s/ Patrick J. McLain_______________
PATRICK J. McLAIN
State Bar No. 13737480
900 Jackson Street, Suite 635
Dallas, Texas 75202
Telephone: (214) 416-9100
patrick@patrickjmclain.com
ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading shall be served on all Defendants
within the 90-day time limit imposed by Fed. R. Civ. P. 4(m).

/s/ Patrick J. McLain_______________
PATRICK J. McLAIN

Complaint in the Case of Susan Hale and Estate of Stephen McCormack, plaintiffs v. Denton County, Sheriff Tracy
Murphree, and Does 1 – 50, defendants
page 15

 JS 44 (Rev. 0    )

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CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Hale, Susan: The Estate of Stephen McCormack

Denton County; Tracey Murphree DOES 1-50, inclusive

Denton

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Denton

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Patrick J. McLain, Law Office of Patrick J. McLain
900 Jackson Street, Suite 635, Dallas, Texas 75202, 214-416-9100

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
u 1

DEF
u 1

Citizen of Another State

u 2

u

2

Incorporated and Principal Place
of Business In Another State

u 5

u 5

Citizen or Subject of a
Foreign Country

u 3

u

3

Foreign Nation

u 6

u 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
u
u
u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u
u
u
u
u

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure
of Property 21 USC 881
u 690 Other

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 835 Patent - Abbreviated
New Drug Application
u 840 Trademark
SOCIAL SECURITY
u 861 HIA (1395ff)
u 862 Black Lung (923)
u 863 DIWC/DIWW (405(g))
u 864 SSID Title XVI
u 865 RSI (405(g))

FEDERAL TAX SUITS
u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRS—Third Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 485 Telephone Consumer
Protection Act
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
u 1 Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District

u 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

u 8 Multidistrict
Litigation Direct File

42 U.S.C Sec 1983

VI. CAUSE OF ACTION Brief description of cause:

Violation of rights and privileges under the 8th and 14th amendment

u CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
u Yes
u No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Patrick J. McLain

05/08/2019
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE