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2016CI22022_-P00001

150TH JUDICIRL DISTRICT COURT

JRUJER SALAZAR US SUSAN L PAMERLERU
:_DHTE FILED: 12/28/2018
JAVIER SALAZAR, SHERIFF ELECT
Plaintiff,

IN THE DISTRICT COURT

V.

SUSAN L. PAMERLEAU, SHERIFF

BEXAR COUNTY
Defendant.

JUDICIAL DIST'k

OF BEXAR COUNTY, TEXAS

PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER

AND TEMPORARY INJUNCTION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Javier Salazar, Sheriff elect, and Plaintiff herein, and files this Plaintiffs
Application for Temporary Restraining Order and Injunction against Susan L. Pamerleau, Sheriff
of Bexar County, Defendant herein, and in support thereof, shows the Honorable Court the
following:
PARTIES AND SERVICE
Plaintiff, Javier Salazar, Sheriff elect, is an Individual.
Defendant Susan L. Pamerleau, Sheriff Bexar County, an Individual who is a
resident of Texas, may be served with process at her office at the following address: 200 N.
Comal Street, San Antonio, Texas 78207 or wherever she may be found. Service of said
Defendant as described above can be effected by personal delivery.
JURISDICTION AND VENUE
The subject matter in controversy is within the jurisdictional limits of this court.
Plaintiff seeks:
A.

monetary relief of $100,000 or less and non-monetary relief; OR

This court has jurisdiction over the parties because Defendant is a Texas resident.

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Venue in Bexar County is proper in this cause.

FACTS
Plaintiff is the Bexar County Sheriff Elect who will assume the position of Bexar
County Sheriff on January 1, 2017.
Defendant is the current Bexar County Sheriff whose position will cease on January 1,
2017.
Plaintiff as incoming Sheriff has been attempting to transition into the position of Sheriff
which entails dealing with current and future employment positions under his administration.
It has come to the attention of Plaintiff that the Defendant has been retaliating against
members of his transition team, more in particular, Sgt. Teresa Christensen, who was given a 30
day suspension for unwarranted and meritless allegations.
Furthermore, the Defendant has been attempting and has created new positions within the
Bexar County Sheriffs office, which are unwarranted and are mere attempts to protect her
supporters, more in particular, Chiefs Tammy Burr and Henry Reyes, whose employment status
after January 1, 2017 is likely to terminate and not protected under the Plaintiffs administration.
As such, Defendant is arbitrarily and has unilaterally demoted Chiefs Burr and Reyes so that
their employment is secure within the county. Such actions are unwarranted and were not
properly administrated or were the candidates given an examination as dictated by the collective
bargaining agreement.
Plaintiff seeks to preserve the status quo in this matter until a final trial on the
merits of Plaintiffs claims. Unless Defendant is temporarily restrained during the pendency of
this litigation, Defendant will create harm upon the Plaintiffs administration in that grievances
which will inevitably be filed by deputies seeking promotion will have to be dealt with by the

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Plaintiff for actions created by Defendant, causing Plaintiff to ineffectively manage the Bexar
County Sheriffs office and will cause Plaintiff irreparable injury for which there is no adequate
remedy at law.
ELEMENTS
9.

In light of the above described facts, Plaintiff seeks recovery from Defendant.

The nature of the lawsuit is tortious interference with employment matters within the Bexar
County Sheriff office.
10.

Plaintiff is likely to succeed on the merits of its lawsuit because Plaintiff can

prove each element of his cause of action.

11.

Unless this Honorable Court temporarily restrains the Defendant until a final trial

on the merits of Plaintiffs case, the Plaintiff will suffer irreparable injury, for which there is no
adequate remedy at law to give Plaintiff complete, final and equal relief. More specifically,
Plaintiff will show the court the following:
The harm to Plaintiff is imminent because Defendant will continue to
interfere with and arbitrarily retaliate against Plaintiffs transition team members and
place certain employees within positions of the Bexar County Sheriff's office without
administering the proper procedures and testing for same.
There is no adequate remedy at law which will give Plaintiff complete,
final and equal relief because Defendant's term as Sheriff will cease on December 31,
2016 at midnight.
12.

Furthermore, Plaintiff should be granted a temporary injunction because:

A.

Plaintiff is entitled to the relief demanded above, and all or part of the

relief requires the restraint of the acts described above which are prejudicial to the

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Plaintiff.
BOND
Plaintiff request that no bond be issued.
REMEDY
Plaintiff has met Plaintiffs burden by establishing each element which must be
present before injunctive relief can be granted by this court, therefore Plaintiff is entitled to the
requested temporary injunction order.
Plaintiff requests the court to enjoin Susan L. Pamerleau, Sheriff of Bexar County
from interfere with and arbitrarily placing any employees under her current administration within
positions of the Bexar County Sheriff's office without administering the proper procedures and
testing for same.
It is essential that the Court temporarily enjoin Susan L. Pamerleau, Sheriff Bexar
County, and Defendant herein, from these acts until final trial on the merits of Plaintiffs case. In
order to preserve the status quo during the pendency of this action, the Defendant should be cited
to appear and show cause why they should not be temporarily enjoined from the acts cited above.
REQUEST FOR TEMPORARY RESTRAINING ORDER
For the reasons set forth above, Plaintiff requests the Court to enter a temporary
restraining order that provides as follows:
a.

Defendant cease and desist from directly or indirectly interfering with and arbitrarily
place any employees within positions of the Bexar County Sheriff's office without
administering the proper procedures and testing for same.

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PRAYER
WHEREFORE, PREMISES CONSIDERED, Javier Salazar, Sheriff elect, Plaintiff
herein, respectfully prays that:
Defendant, Susan L. Pamerleau, Sheriff of Bexar County, be cited to appear and
answer herein;
After notice and hearing, a temporary injunction will issue enjoining and
restraining Susan L. Pamerleau, Sheriff Bexar County, Defendant, Defendant's officers,
agents, servants, employees, successors and assigns, and attorneys from directly or
indirectly interfering with and arbitrarily place any employees within positions of the
Bexar County Sheriffs office without administering the proper procedures and testing for
same;
For such other and further relief, in law or in equity, to which Plaintiff may be
justly entitled.

Respectfully submitted,
DELA

Ruben Alcantara
Texas Bar No. 24009860
Email: ralcantara@delarivalaw.com
400 N. Loop 1604 E - Suite #110
SAN ANTONIO, TX 78232
Tel. (210) 224-2200
Fax. (210) 224-2204
Attorney for Plaintiff
Javier Salazar, Sheriff elect

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