Craig Player v Dallas County

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

CRAIG S. PLAYER §

§

Plaintiff, §

§

v. § CIVIL ACTION NO.

§

DALLAS COUNTY, TEXAS § JURY REQUESTED

§

Defendant. §

PLAYER CRAIG S. PLAYER’S 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. GOV’T CODE § 617.005.

4. Jurisdiction for this Court is invoked under 28 U.S.C. § 1343.

Case 3:12-cv-03947-N Document 1 Filed 10/01/12 Page 1 of 14 PageID 1

C.S. Player’s Original Complaint – Page 2

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 Constable’s 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 Constable’s Office, Precinct 1 (“Precinct 1”). The Constable in

Precinct 1 during Player’s 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.



11. During the course of Player’s 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

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

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 Constable’s Office on

June 3, 2011.



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 Player’s 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 Attorney’s Office to address the

crimination investigation of Evans and another constable.



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.

Player’s Termination and Violation of Due Process

28. In 2010, the Dallas County Auditor’s 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 GPS were not in sync with the deputy constables’ written time. The

discrepancies were off by yards and feet, but in the near vicinity.

30. The auditor’s report was generated on May 3, 2011.

31. 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.



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. Player’s 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. Player appealed his “general discharge” designation on his F-5

Report.

1 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).



39. As Evans testified in Player’s 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 Player’s 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 Player’s 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.



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

injury from Dallas County’s 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 Player’s termination

due to falsifying documents and thereby making his eligible for rehire.

48. Player seeks injunctive relief asking the Court to have Player’s 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.



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

County’s 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. Player’s 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.



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 County’s 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 attorney’s fees and cost under 29 U.S.C. § 216.

Relief Four: State Violation of TEX. GOV’T 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



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, Player’s grievance was rejected, stating that he had no

grievance rights.

69. Dallas County’s actions deprive Player of his right to grieve adverse

employment action through TEX. GOV’T CODE § 617.005.

70. In the alternative for reinstatement, Player requests an order

compelling Dallas County to hear and consider Plaintiff’s grievance, as required by

TEX. GOV’T 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.



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 Player’s personnel file with the Precinct 1 of all

documents relating to Player’s termination for falsifying documents and make him

eligible for rehire;

4. Grant the change of Player’s F-5 Report from “general discharge” to

“dishonorable discharge.”

5. Grant Player’s uncompensated wages at a rate of time and a half, or in

the alternative, grant Player’s uncompensated wages based on his regular pay;



6. Grant Player damages for mental anguish;

7. In the alternative, grant Player’s request for a civil service hearing

regarding his termination from Dallas County;

8. Grant Player prejudgment interest in the highest amount allowable by

law; and

9. Grant Player reasonable attorney fees together with cost and such

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



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


Documents

Craig Player v Dallas County