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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CRAIG S. PLAYER Plaintiff, v. DALLAS COUNTY, TEXAS Defendant.

CIVIL ACTION NO. JURY REQUESTED

PLAYER CRAIG S. PLAYERS ORIGINAL COMPLAINT JURISDICTION AND VENUE 1. This case alleges a violation of procedural due process under the

Fourteenth Amendment, which is codified under 42 U.S.C. 1983. Further, the Civil Rights Attorney Fees Act, as amended, is application to this case under 42 U.S.C. 1988. 2. This case also alleges violation of the Fair Labor Standard Act

(FLSA). 29 U.S.C. 206, 207. 3. Additionally, this case alleges a state claim under pendent or

supplemental jurisdiction for violation of TEX. GOVT CODE 617.005. 4. Jurisdiction for this Court is invoked under 28 U.S.C. 1343.

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5.

The acts or omissions which serve as the basis for this cause of action

occurred in Dallas, Dallas County, Texas, and venue is proper in this Court under 29 U.S.C. 1391(b). PARTIES 6. Player Craig S. Player (Player) is a former deputy constable of the

Dallas County Constables Office. He is a residence of Dallas County, Texas. 7. Dallas County Dallas County, Texas (Dallas County) is a county

government with the right to sue and be sued. Dallas County may be served process by serving Dallas County Judge Clay Jenkins, 411 Elm Street, Dallas, Texas 75202. FACTS Background 8. Craig S. Player is a licensed peace officer in the State of Texas, with

over twenty-seven (27) years of experience in law enforcement, corrections, and academic campus security. 9. Player is a former employee, particularly a deputy constable, with the

Dallas County Constables Office, Precinct 1 (Precinct 1). The Constable in Precinct 1 during Players career was Derick Evans (Evans). 10. Player was hired on or around August 9, 2005 by Precinct 1 in the

civil division, particularly executing service of process.

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11.

During the course of Players employment, he was transferred to the

warrant division, traffic division, and the more-favorable Warrant Strike Force, which consisted of the best deputy constables from each of the Dallas County precincts for the purpose of capturing the individuals with the highest fines. 12. Evans required Player and other deputy constables in the precinct to

participate in his campaign as a condition of employment, including passing out flyers and selling $250.00 worth of raffle tickets each year. The campaigning occurred while Player was on duty and off duty. 13. Player was required to give various amounts of money to Evans as a Player

condition of employment and for approval of off-duty employment.

estimates that he contributed approximately $100 per year to various funds at Precinct 1, including the coffee fund and the telephone fund. 14. Player was also required to participate in Evans towing scandal, in

which Dowdy Ferry was required to tow all cars for Precinct 1, in exchange for Evans receiving approximately $35 kick back. Player was not aware of this

scandal at the time, and he did not receive money from having cars towed by Dowdy Ferry. 15. Player was terminated from the Dallas County Constables Office on

June 3, 2011.

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Unpaid Wages 16. Evans also required Player and other deputies to work at various

locations without pay or for involuntary comp time. 17. In October of 2005, 2006, 2007, 2009, and 2010, Evans required the

deputy constables to work at the Harumbe Festival. Player worked from 7 AM to 4 PM without pay for two days each year. 18. In December of 2005, 2006, 2007, 2009, and 2010, Evans required

Player to work at the Kwanzaa Festival. Player worked from 7 AM to 6 PM for two days each year, and was required to use the time as comp time. 19. In January of every year from 2006 to 2011, Evan required Player to

work at the Martin Luther King, Jr. parade. Player worked from 6 AM to 2 PM. 20. Player worked forty (40) hours per week, and each of these events

was in addition to Players forty-hour work week. 21. Player was not paid overtime for these events. Investigation and Indictment of Evans 22. In 2009, Evans was under investigation for his activities as a

Constable, especially for his campaign activities and the towing scandal. 23. As a result of the investigation, a special prosecutor, Ted Lyons, was

brought in by the Dallas County District Attorneys Office to address the crimination investigation of Evans and another constable.
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24.

Player, as well as other deputy constables, spoke with the special

prosecutor regarding Evans actions, and some of those who participated in the investigation were named in the local Dallas newspaper. 25. In precinct meetings, Evans made several threats to those deputy

constables who participated in the criminal investigations. 26. Those deputy constables who communicated with the special

prosecutor were terminated by Evans on June 3, 2011, including Player. 27. In 2012, Evans was found guilty of engaging in organized crime and

removed from office as the Constable of Precinct 1. Players Termination and Violation of Due Process 28. In 2010, the Dallas County Auditors Office conducted an

investigation of the GPS in deputy constables cars in comparison with the time indicated on eviction notices for serving process. 29. The audit of Precinct 1 revealed that the times for service according to The

the GPS were not in sync with the deputy constables written time. discrepancies were off by yards and feet, but in the near vicinity. 30. 31. The auditors report was generated on May 3, 2011.

Player was accused of falsifying personal service attempts based upon

the GPS locations in order to obtain alternative service on at least three instances. 32. These accusations were not the result of a complaining witness.

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33.

Player was terminated immediately by Evans on June 3, 2011, along

with other deputy constables, particularly those who communicated with the special prosecutor in Evans criminal investigation. 34. On June 7, 2011, Player filed a formal grievance with Dallas County,

requesting a hearing for being unjustly terminated. 35. Players formal grievance was rejected, stating that he had no civil

service rights. Player also was not allowed access to his personnel file after making written request. 36. Player contacted the Texas Attorney General Gregory Abbott

regarding his termination and the right to have access to his file. The Texas Attorney General only responded to his request for access to his file through the open records request. 37. Precinct 1 also gave Player a general discharge designation on his

Texas Commission on Law Enforcement Officer Standards and Evaluation (TCLEOSE) Report of Separation of Licensee, also known as the F-5 report.1 38. Report. Player appealed his general discharge designation on his F-5

According to TCLEOSE, a General Discharge designation is when a peace officer (A) was terminated by, retired or resigned from, or died while in the employ of a law enforcement agency and the separation was related to a disciplinary investigation of conduct that is not included in the definition of dishonorable discharged; or (B) was terminated by or retired or resigned from a law enforcement agency and the separation was for a documented performance problem and was not because of a reduction in workforce or an at-will employment decision. TEX. OCC. CODE 1701.452(b)(2).
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39.

As Evans testified in Players F-5 hearing, Player was terminated for

falsifying documents due to discrepancies with the GPS system on his patrol car and his documented time of service of process. 40. After a hearing on his F-5 report through the Texas State Office of

Administrative Hearings with Evans representing Precinct 1, the Honorable Catherine C. Egan determined that the preponderance of the evidence did not establish that Player engaged in the alleged misconduct of falsifying documents for service. 41. The ruling resulted in a requirement that Players F-5 Report be

changed from general discharge to honorable discharge. 42. At the time this Complaint was filed, Dallas County and Precinct 1

have failed to change Players F-5 Report. RELIEF REQUESTED Relief One: Injunctive Relief 43. Paragraphs one (1) through forty-two (42) of the Complaint are

incorporated by reference and made a part of Relief One. 44. Player has no plain, adequate, or complete remedy at law to redress

the wrongs alleged, and the suit for injunctive relief is the only means of securing that relief.

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45.

Player suffered, is not suffering, and will continue to suffer irreparable

injury from Dallas Countys policy, practice, custom, and usage, as set forth herein, until and unless enjoined by the Court. 46. Player seeks injunctive relief asking the Court to reinstate him in the

warranty division of the Precinct 1 with all lost pay, increments, benefits and other compensation and pension rights, as well as retroactive ranking. 47. Player seeks injunctive relief asking the Court to purge his personnel

file with the Dallas County of all documents pertaining to the Players termination due to falsifying documents and thereby making his eligible for rehire. 48. Player seeks injunctive relief asking the Court to have Players F-5

Report changed from general discharge to honorable discharge. Relief Two: Procedural Due Process 49. Paragraphs one (1) through forty-eight (48) of the Complaint are

incorporated by reference and made a part of Relief Two. 50. Player filed a formal grievance with Dallas County regarding his

termination, but the grievance was rejected based on the premise that Player had no civil service rights. 51. In 2008, deputy constables were forced by threat by Evans in Precinct

1 to sign waivers to take away their civil service rights. If Player and others had not signed, they would have been fired on the spot.
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52.

Player was given no redress for his termination, based upon Dallas

Countys arbitrary decision that some deputy constables, all of who are not allowed to strike, are not allowed civil service rights. 53. Such policy is unequally applied, so that some deputy constables have

civil service rights and others do not. 54. Player was informed that he had no civil service rights, yet other

former deputy constables that are similarly situated were given civil service rights for a hearing regarding their termination for the same reason as Player was terminated. 55. Players due process rights were violated by Dallas County. In

intentional violation of the Fourteenth Amendment to the Constitution of the United States, codified as 42 U.S.C. 1983, Dallas County acted under color of law and proximately deprived Player of his constitutional right to due process. 56. Under the Civil Rights Attorney Fees Award Act, Player is entitled to

reasonable attorney fees and costs. 42 U.S.C. 1988. Relief Three: Fair Labor Standard Act (FLSA) 57. Paragraphs one (1) through fifty-six (56) of the Complaint are

incorporated by reference and made a part of Relief Three. 58. Dallas County, through its agents, violated the Fair Labor Standards

Act. 29 U.S.C. 206, 207.

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59.

As previously set out above, Player worked the following events and

hours without overtime compensation: Harumbe festival for 90 hours; Kwanzaa festival for 110 hours; and Martin Luther King, Jr. parade for 88 hours. 60. Player requests compensation at a rate of time and a half for violation,

under 29 U.S.C. 207, as each of the work hours were in addition to the forty (40) hours worked per week. 61. In the alternative, Player asks the Court to at least compensate him for

the total hours as part of his regular pay, under 29 U.S.C. 206. 62. Dallas Countys failure to pay has caused Player to suffer actual

damages. Additionally, Player is entitled to liquidated damages under 29 U.S.C. 216(6). 63. Plaintiff is entitled to attorneys fees and cost under 29 U.S.C. 216. Relief Four: State Violation of TEX. GOVT CODE 617.005 64. Paragraphs one (1) through sixty-three (63) of the Complaint are

incorporated by reference and made a part of Relief Four. 65. Texas Government Code 617 addresses public employees and their

prohibition against entering into a collective bargaining contract or strike against the state or a political subdivision. 66. Texas Government Code 617.005 specifically states: This chapter

does not impair the right of public employees to present grievances concerning
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their wages, hours of employment, or conditions of work either individually or through a representative that does not claim the right to strike. 67. Player sought to appeal the adverse employment action by completing

a formal grievance through the then Constable Evans and filing it within the appropriate time limit. 68. However, Players grievance was rejected, stating that he had no

grievance rights. 69. Dallas Countys actions deprive Player of his right to grieve adverse

employment action through TEX. GOVT CODE 617.005. 70. In the alternative for reinstatement, Player requests an order

compelling Dallas County to hear and consider Plaintiffs grievance, as required by TEX. GOVT CODE 617.005. DAMAGES 71. The actions and omissions of Dallas County and its agents

proximately caused Player to be wrongfully terminated. 72. Player suffered loss of compensatory damages, inter alia, including

salary pension, benefits, and other compensation. 73. Player suffered and continues to suffer humiliation, loss of standing

and reputation in the community, emotional distress and suffering, and irritation.

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74.

Such acts were intended to produce mental anguish, or mental anguish

could reasonably be anticipated by Dallas County to be a natural consequence of such wrongful acts or omissions. PRAYER Player requests the Court to cause Dallas County to be cited to appear and answer in this Court, and that upon final hearing, the Court grant to Plaintiff as follows: 1. Grant Player injunctive relief enjoining Dallas County, its agents,

successors, employers and those acting in concert with it or at its direction from continuing to abridge the rights of Player; 2. Grant Player reinstatement to his position as deputy constable in the

Warrant division of Precinct 1 retroactive to date of termination along with all lost compensation, benefits, increments, and seniority; 3. Grant the purging of Players personnel file with the Precinct 1 of all

documents relating to Players termination for falsifying documents and make him eligible for rehire; 4. Grant the change of Players F-5 Report from general discharge to

dishonorable discharge. 5. Grant Players uncompensated wages at a rate of time and a half, or in

the alternative, grant Players uncompensated wages based on his regular pay;
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6. 7.

Grant Player damages for mental anguish; In the alternative, grant Players request for a civil service hearing

regarding his termination from Dallas County; 8. law; and 9. Grant Player reasonable attorney fees together with cost and such Grant Player prejudgment interest in the highest amount allowable by

other and further relief as appear just and equitable in the circumstances of this case. Respectfully submitted,

/s/ ChiQuia J. Roberson, Esq. ChiQuia J. Roberson, Esq. Texas Bar No. 24045328 8431 Katy Freeway, Suite 203 Houston, Texas 77024 Tel: (832) 287-8683 Fax: (832) 358-9400 ATTORNEY IN CHARGE CRAIG S. PLAYER

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Of counsel: Roberson Law Firm JURY DEMAND Plaintiff Craig S. Player respectfully requests that upon trial of this case, all issues of fact be determined by a jury, except attorney fees and those issues specifically reserved by law for determination by the Court.

/s/ ChiQuia J. Roberson ChiQuia J. Roberson

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