FILED
DALLAS COUNTY
3/2/2015 2:50:09 PM
FELICIA PITRE
DISTRICT CLERK

Freeney Anita

DC-15-02395
CAUSE NO.

AARON VON MOSLEY
Plaintiff

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V.
CITY OF DALLAS,
SR. CORPORAL STEPHEN BAKER,
OFFICER MICHAEL BUD ARNOLD,
SERGEANT BRYAN RODEN,
DALLAS CHIEF OF POLICE DAVID
BROWN,
DALLAS COUNTY HOSPITAL DISTRICT
d/b/a PARKLAND HEALTH & HOSPITAL
SYSTEM,
JUDY ELLYN SCOGGIN,
DALLAS COUNTY,
DALLAS COUNTY SHERIFF'S
DEPARTMENT

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IN THE DISTRICT COURT

JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

FIRST SET OF INTERROGATORIES. FIRST REOUEST FOR PRODUCTION AND
REOUEST FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES AARON VON MOSLEY, Plaintiff herein, complaining of and against the
CITY OF DALLAS, SR. CORPORAL STEPHEN BAKER, OFFICER MICHAEL BUD

ARNOLD, SERGEANT BRYAN RODEN, DALLAS CHIEF OF POLICE DAVID BROWN,
DALLAS COUNTY HOSPITAL DISTRICT d^/a PARKLAND HEALTH & HOSPITAL

SYSTEM, JUDY ELLYN SCOGGIN, DALLAS COUNTY, DALLAS COUNTY SHERIFF'S

DEPARTMENT Defendants, and for cause of action would respectfully show the Court the
following:

PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REOUEST FOR

PRODUCTION AND REOUEST FOR DISCLOSURE

1

 DISCOVERY LEVEL

1.01

Discovery is to take place under Level 3 ofRule 190 ofthe Texas Rules of Civil Procedure.

Plaintiffs seeks monetary reliefofover $200,000.00 but not more than $1,000,000.00 The damages
sought are within the jurisdictional limits of the court.
II.

PARTIES AND VENUE

2.01

AARON VON MOSLEY, Plaintiff herein, (sometimes referred to as "MOSLEY"), is an

individual who resides in Dallas County, Texas and is a citizen of the State of Texas.

2.02

Defendant CITY OF DALLAS is a municipality located in Dallas County, Texas and

may be served with process by serving the Mayor, Mike Rawlings, Dallas City Hall, 1500
Marilla Street, Room SEN, Dallas, Texas 75201.

2.03

Defendant SR. CORPORAL STEPHEN BAKER (hereinafter, sometimes, referred to as

"Baker"), is a police officer with the City of Dallas Police Department whose principal place of
employment is in Dallas County, Texas and may be served with process at 1400 S. Lamar, Dallas,
Texas 75215.

2.04

Defendant OFFICER MICHAEL BUD ARNOLD (hereinafter, sometimes, referred to as

"Arnold"), is a police officer with the City of Dallas Police Department whose principal place of
employment is in Dallas County, Texas and may be served with process at 1400 S. Lamar, Dallas,
Texas 75215.

2.05

Defendant SERGEANT BRYAN RODEN, (hereinafter, sometimes, referred

to as

"Roden"), is a police officer with the City of Dallas Police Department whose principal place of

employment is in Dallas County, Texas and may be served with process at 1400 S. Lamar, Dallas,
PLAINTIFF^S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

2

 Texas 75215.

2.06

Defendant DALLAS CHIEF OF POLICE DAVID BROWN is the Chiefof Police ofthe

City of Dallas Police Department whose principal place ofemployment is in Dallas County, Texas
and may be served with process at 1400 S. Lamar, Dallas, Texas 75215.
2.07

Defendant DALLAS COUNTY SHERIFF'S DEPARTMENT may be served by serving

SHERIFF LUPE VALDEZ who is the Sheriff of Dallas County Texas and may be served with
process at Frank Crowley Courts Building, 133 N. Riverfront Boulevard, LB 31 1st Floor, Dallas,
Texas 75207.

2.08

Defendant DALLAS COUNTY may be served by serving DALLAS COUNTY JUDGE

CLAY JENKINS and may be served with process at 411 Elm Street, Dallas, Texas 75202.
2.09 (a) Defendant DALLAS COUNTY HOSPITAL DISTRICT d/b/a PARKLAND
HEALTH & HOSPITAL SYSTEM ("Parkland") may be served with process by serving
Frederick P. Cerise, MD, MPH President and Chief Executive Officer, Dallas County Hospital

District d/b/a Parkland Health & Hospital System, 5201 Harry Hines Blvd., Dallas Texas 75235.
(b) Defendant DALLAS COUNTY HOSPITAL DISTRICT d/b/a PARKLAND

HEALTH & HOSPITAL SYSTEM ("Parkland") may be served with process by serving by

serving Paul S. Leslie Registered Agent, Dallas County Hospital District d/b/a Parkland Health &
Hospital System, 5201 Harry Hines Blvd., Dallas, Texas 75235.
2.10

Defendant JUDY ELLYN SCOGGIN is a registered nurse whose principal place of

employment is in Dallas County, Texas and may be served with process at 8240 Saint PatrickStreet,
North Richland Hills, Texas 76180.

PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

^3

 2.11

The acts that form the basis of this lawsuit occurred in Dallas County, Texas.
III.

PRE-SUIT REQUIREMENTS

3.01

Mosley has satisfied the prerequisites to suit specified by the Texas Tort Claims Act,

V.T.C.A Civil Practice & Remedies Code §101.101 for each claim in this complaint to which these
laws apply. The City of Dallas, County of Dallas, Dallas County SheriffDepartment and Parkland
had actual notice of the injury.
3.02

Mosley has satisfied the prerequisites to suit specified by V.T.C.A., Civil Practice &

Remedies Code §74.051 by sending notice certified mail to each medical provider against whom

this claim is asserted. Aaron Von Mosley understands that as to the medical defendants, the
lawsuit will be abated for 60 days for the medical defendants to review the case pursuant to
§74.051.
IV.

BACKGROUND FACTS

4.01

In the very late evening of March 2, 2013 and through the morning of March 3, 2013,

Plaintiff Aaron Von Mosley was arrested and taken to the Dallas County Jail which is operated by
the Dallas County Sheriffs Department and Dallas County on a charge ofdriving while intoxicated;
Aaron Von Mosley was placed in the "Lew Sterrett Blood Draw Room" to have a blood specimen
taken.

4.02

The officers conducting the search were: Sr. Corporal Stephen Baker, Badge Number 7064,

Officer Michael Bud Arnold, Badge Number 6199, and SergeantBryanRoden, Badge Number 8520.
PLAlNTIFF^S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

4

 4.03

The Blood Draw Room is located at the Lew Sterrett, Dallas County Jail facility and is

governed by the rules and practicesas established bythe DallasCounty Sheriffs Department, Dallas
County and Parkland.

4.04The BloodDrawis performed bystaffemployed byDefendant DallasCounty Hospital District
D/B/A Parkland Health& Hospital System. The nursedrawing the bloodspecimen wasJudyEllyn
Scoggin, 13499RN2 BSN ParklandJail Healthwho is employed by DallasCounty Hospital District
D/B/A Parkland Health & Hospital System.

4.03

Mosley's shoes were removedand Mosleywas placed on a restraintchair,strappedinto the

chair, with his legs bound to the legs ofthe chair, and his arms wereboundto the arms ofthe chair.

4.04

Officer Roden grabbed Mosley's left arm and twisted it forcibly and painfully during the

alleged blood draw attempt. Before any attempt was made by the nurse to draw blood. Officer

Michael Bud Arnoldintentionally assaulted and batteredMosley byplacinghis right shoedfoot on
Mosley's right bare foot and then smashing down on Mosely's right bare foot with his full body

weight. Next Arnold liftedhis left leg to againplacehis full weight on his rightfoot which was on
Morley's bare foot. Mosley screamed in pain and begged Officer Arnold, "Get off my foot!"
4.05

Throughoutthis assault and battery. OfficerBakerplacedhimselfin frontofthe videocamera

that was recordingthe assault to obstructthe camera's view of the assault. Arnoldliftedhis left leg

off of the floor to maintain maximum weight and pressure on Mosley's bare foot. Mosley was

pleading for the officers to stop their assault and battery. Officer Stephen Baker, said, "Stop
resisting! He is not on your foot."

4.06

While these assaults and battery took place, Judy Ellyn Scoggin, R.N. who was in

charge of the blood draw room, never made any objection to the conduct of the officers and
PLAlNTIFF^S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

^5

 proceeded to draw blood in conjunction during the ongoing assault and battery ofMoseley. Officer
Arnold again lifted his foot and placed his heel on Mosley's bare foot. Again, Mosley shouted at
the officers, "Get offmy foot!" Officer Baker responded, "There is no need for this violence." At all
times relative hereto, Mosley's arms and legs were securely strapped to the chair.
4.07

Sr. Corporal Baker clearly realized and witnessed the actions ofOfficer Arnold, but chose not

to take any action to stop the assault ofOfficer Arnold. Instead Baker attempted to prevent the video

and audio recording system from making a completerecordofwhat occurredby intentionally placing
his body in front of the camera.

4.08

Sergeant Roden fully realized and witnessed the actionsofOfficerArnold,but chosenot take

any action to stop the assault ofOfficer Arnold but instead.SergeantRodenpainfullytwistedthe arm
of Mr. Mosley during this incident.

4.09

The police officers involved in the incident were employed by the City ofDallas and under

the direction, control and supervision ofthe ChiefofPolice, David Brown and the Nurse employed
by Parkland and the blood draw room is under the control of Dallas County and the Dallas County
Sheriffs department.

These agencies and supervisors are responsible for the making the policy ofthe department
for its employees, officers, and staff. The officers and nurse in this matter were acting according to
official policy, practice, custom and operation ofthe Dallas Police, Parkland, and the DallasCounty
Sherriff. This type of conduct which, even if not official authorized, is so common and well
established as to constitute a custom that fairly represents Dallas police policy and the policy of
Parkland, Dallas County, and the Dallas County Sheriffs Department

4.10

Acting under color of state law, by and through its policy makers, these agencies and its

supervisors pursuant to official policy or custom and practice, intentionally, knowingly, recklessly,
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

6

 or with deliberate indifference to the rights ofMr. Mosley, failed to instruct, supervise, control, and
discipline, on a continuing basis, his Officers, its employees, its Nurses in the performance oftheir

duties to refrain from conspiring to violate the rights, privileges, and immunities guaranteed to
Mosley by the Constitution and laws of the United States and the laws of the State of Texas.

4.11

These agencies and supervisors had knowledge of, or in the alternative had he diligently

exercised his duties to instruct, supervise, control, and discipline on a continuing basis, he should
have had knowledge of the wrongs that were perpetrated against Mosley as heretofore alleged.
4.12

These agencies and supervisors had the power and duty to prevent or aid in preventing the

commission of the wrongs described above, could have done so, and intentionally, knowingly, or

with deliberate indifference to the rights ofMosley did not exercise this power to prevent this harm
from occurring.
4.13

These agencies and supervisors directly or indirectly, under color of law, by and through its

final policymakers, approved or ratified the unlawful, deliberate, malicious, reckless and wanton
conduct of the Officers and the Nurse and heretofore described.

4.14

The individual Defendants were not adequately trained as to the requirements ofperforming

blood specimen searches and procedures for conducting such searches in a lawful manner. For
example, the final policymaker with respect to training of officers is Chief of Police David Brown

who knew from experience that blood specimen searches were a situation that police officers would
encounter.

V.

CAUSES OF ACTION
THEORIES OF LIABILITY

5.01

Violation of the Fourth, Eighth and Fourteenth Amendment to the United States

PLAINTIFF*S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

7

 Constitution. Citizens have the right, protected under the Fourth Amendment to the United States

Constitution to be free from unlawful searches and seizures. Aaron Von Mosley's blood was drawn
in an improper and assaultive manner. Drawing blood in the manner in which it was drawn from
Aaron Von Mosley violates the Fourth Amendment right to be free from unlawful search and
seizure.

Citizens have the right under the Fourth Amendment to the United States Constitution to be
free from excessive force during arrest. The force used to effectuate the arrest and search of
Aaron Von Mosley was excessive.

Defendants have engaged in a pattern or practice of violating the civil rights of citizens who

refuse to submit to blood draw in the jail by risking their safety and health drawing blood in an
improper and assaultive manner.

5.02

The Chief of Police of the Dallas Police Department and the persons employed within the

chain of command with the Dallas Police Department as well as Dallas County and the Dallas
County Sheriff and persons employed within the chain of command of the Dallas Police

Department, Dallas County, Dallas County Sheriff and Parkland and the Nurse Defendants

were involved directly or indirectly in the violation of Aaron Von Mosley's civil rights.
5.03

All of the above described actions and/ or inaction were undertaken pursuant to the

direction and/or supervision of the Chief of Police of the Dallas Police Department and the
Sheriff of Dallas County and Parkland within their respective chains of command. These persons
were responsible for all training and supervision of the individual members of the Dallas Police
Department and Dallas County Sheriff and Parkland whose conduct resulted in the violation of
Aaron Von Mosley's civil rights.
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

8

 FAILURE TO ESTABLISH POLICY

6.01

The Chief of Police of the Dallas Police Department as well as Dallas County and the

Sheriff of Dallas County and Parkland and persons employed within their respective chains of
command are responsible for establishing the Departmental policies, rules, regulations,

ordinances, and procedures under which the Chief and Sheriff and each and every one of their
employees must act.

6.02

Upon information and belief, at all times relevant to this Complaint, there was no policy,

rule, regulation, ordinance or procedure providing safe procedures for drawing blood from
persons accused of DWI.

The lack of established policies, rules, regulations, and procedures caused the Civil Rights
violations under the United States and Texas Constitutions and State tort violations and as a

consequence the damages suffered by Mr. Mosley.

On information and belief, the policy makers with City of Dallas/ Dallas Police Department,
Dallas County and Dallas County Sheriff Department and Parkland knew or should have known

that the lack of policy, rule, regulation or procedure would cause this type of civil rights
violation.

FAILURE TO TRAIN/FAILURE TO SUPERVISE

7.01

Alternatively, the Chief of Police of the Dallas Police Department, Sheriff of Dallas

County, Dallas County and Parkland and persons within their respective chains of command
who are unknown at this time failed to properly train regarding and supervise the enforcement of
established rules, regulations and procedures.

In addition, these persons failed to discipline, reprimand, or correct the employees whose
PLAINTIFF^S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

9

 conduct resulted in the violations of Aaron Von Mosley's civil rights.
The Defendants are liable for violations of Aaron Von Mosley's Civil Rights that occurred on
March 2,2013 through March 3,2013, as they willfully, wantonly, or recklessly failed to
properly train and supervise the individual employees whose conduct resulted in the violation of
Aaron Von Mosley's civil rights.

Said inept training and supervision was a direct and proximate cause of the Civil Rights
Violations under the United States and Texas Constitutions and State tort violations and as a

consequence the damages suffered by Aaron Von Mosley.

The Dallas Police Department, Dallas County and Dallas County Sheriff and Parkland knew
or should have known that the failure to train and/or failure to supervise officers about citizens'
civil rights would cause this type civil rights violation.
The Defendants willfully and wantonly deprived Mr. Aaron Von Mosley of his
constitutionally protected civil rights afforded to him by the Constitution ofthe United States of
America and the Fourth Amendment, and Fourteenth Amendment, by conspiring to and/or
engaging in conduct which caused, encouraged, and continued violations of Mr. Aaron Von

Mosley's civil rights. Defendants are liable for these civil rights violations pursuant to 42 U.S.C.
1983.

All of these Constitutional protections were taken from Plaintiff by Defendants' gross
disregard for the law and gross disregard for the United States Constitution and the Constitution
of the State of Texas while Defendants were acting under color of authority and law.
42 U.S,C. § 1983

8.01

Mosley asserts a claim under 42 U.S.C. § 1983 against Defendants, City Of Dallas, Sr.

PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

10

 Corporal StephenBaker,OfficerMichael BudArnold, Sergeant Bryan Roden, ChiefOf PoliceDavid
Brown, Dallas County, Dallas County Sheriff and Parkland in that the actions by Dallas police

officers and nurse described constituted a violation of Mosley's rights to due process of law and

equal protection of the law under the 14^ Amendment to the United States Constitution and a
violation ofMosley's right to be free from theexcessive use of force under the4^^ and 8^ and 14th
Amendments to the United States Constitution.

8.02

Citizens have the right, protected under the Fourth Amendment to the United States

Constitution to be free from unlawful searches and seizures. Mosley's blood was drawn in an
improper manner in an unsanitary environment. Drawing blood in the manner in which it was

drawn from Mosley violates the Fourth Amendment right to be free from unlawful search and
seizure.

8.03

Citizens have the right under the Fourth Amendment to the United StatesConstitution to

be free from excessive force during arrest. The force used to effectuate the arrest of Caroline
Callaway was excessive.

8.04

Defendants have engaged in a pattern or practice of violating the civil rights of citizens

who refuse to submit to blood draw in the jail by risking their safety and health drawing blood in
an improper manner and in an unsanitary environment.
State Law Claims

9.01

The actions ofDefendants as described above in the statement of facts violated the

rights ofthe Plaintiff under the tort law ofthe State ofTexas.

Assault and Battery
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES^ FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

11

 9.02

Mosley asserts a claim xmder the Texas Tort Claims Act against Defendants in that the

actions by the Defendants described above constituted a conspiracy to commit civil assault and an
intentional assault and battery.
9.03

On the occasion in question, said Defendants acting intentionally, knowingly, or

recklessly, made contact with Plaintiffs person, which caused Plaintiff to suffer severe injuries and
personal humiliation and emotional trauma.
9.04

As a direct result of said Defendants' illegal conduct. Plaintiff Mosley has suffered

physical, mental and emotional injuries and has incurred and will incur in the future, significant
damages as set forth below.
MEDICAL MALPRACTICE

10.01 Mosley asserts a claim for medical malpractice and negligence against Judy Ellyn Scoggin,

and Dallas County Hospital District D/B/A Parkland Health & Hospital System in that their actions
violated the accepted standards of care that they owed Mosley. In spite ofthe fact that Mosley was

being subject to an assault and battery on his person, not only did Scoggin make no attempt to stop it,

she attempted to draw blood while Mosley was being subjected to the assault and battery. At all
relevant times herein, Scoggin was acting in her capacity as an employee of Parkland, making it
responsible for her actions.
NEGLIGENCE

11.01 On the occasion in question. Defendants were negligent by failing to exercise ordinarycare to
draw blood from Aaron Von Moseley. This negligence of Defendants was the proximate cause of
the damages incurred by Aaron Von Mosley as set forth.
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

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 VI.

DAMAGES

12.01 As a direct and proximate result ofthe acts and omissions outlined above, Mosley has been

severely damaged. Defendants' conduct caused physical pain, as well as emotional distress and
mental anguish and trauma and the violation of his federally protected constitutional rights.
12.02 Mosley seeks compensatory damages in an amount deemed sufficient by a trier of fact to

compensate him for his damages which include physical pain, mental anguish, pain and suffering and
the violation of his federally protected constitutional rights.
12.03 Mosley also seeks exemplary damages against Defendants.
12.04 Mosley asserts a right to his costs and attorney fees in prosecuting this action pursuant to 42
U.S.C. § 1988.
vn.

JURY DEMAND

13.01 Plaintiff respectfully requests trial by jury.
VIII.

PRAYER

14.01 For these reasons. Plaintiff seeks judgment against Defendants for:

a.

compensatory and actual damages in an amount deemed sufficient by the trier
of fact;

b.

Exemplary damages;

c.

attorney's fees under 42 U.S.C. §1988;

d.

costs of court; and

PLAINTIFF*S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

13

 e.

interest allowed by law for prejudgment and /or post-judgment interest.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO CITY OF DALLAS

Pursuant to Rule 197 ofthe Texas Rules of Civil Procedure, PlaintiffAaron Von Mosley serves his

First Set of Interrogatories to Defendant, City of Dallas. Responses are due on or before fifty (50)
days from receipt of this Request, at 5:00 p.m., in the office of John C. Sherwood, 2926 Maple
Avenue, Suite 200, Dallas, Texas 75201.

INTERROGATORY NO. 1: Identify all persons who you or your attorney have contacted, or
from whom you or your attorney have either obtained or requested a statement, regarding the
allegations of the complaint in this action by stating their name, address, and last known work
and home telephone numbers.
RESPONSE:

INTERROGATORY NO. 2: Identify the name and, if known, the address and telephone
number of each person likely to have discoverable information that you may use to support your
defense(s). With respect to each such person, identify in as much detail as possible the
discoverable information he or she possesses.
RESPONSE:

INTERROGATORY NO. 3: Explain in detail Dallas Police Department procedures for drawing
blood samples from DUI suspects in custody.
RESPONSE:

INTERROGATORY NO. 4: Identify any complaints or charges of battery, assault or violations
of 42 U.S.C. § 1983 that have been made against any Dallas Police officers in the last five (5)
years, include the name, address, and telephone number for each officer; the date of each
complaint or charge; and the current status of each complaint or charge.
RESPONSE:

INTERROGATORY NO. 5: Explain in detail the Dallas Police Department's procedures for
complaints received against your officers and any disciplinary or corrective measures that are
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

14

 taken.
RESPONSE:

INTERROGATORY NO. 6: Identify by name and badge number every police officer who was
present during the blood draw attempt that is the subject ofthis lawsuit.
RESPONSE:

PLAINTIFF FIRST REQUEST FOR PRODUCTION TO CITY OF DALLAS

Pursuant to Rule 196 ofthe Texas Rules of Civil Procedure, PlaintiffAaron Von Mosley serves his

First Request for Production to Defendant, City ofDallas. Responses are due on or before fifty (50)
days from receipt of this Request, at 5:00 p.m., in the office of John C. Sherwood, 2926 Maple
Avenue, Suite 200, Dallas, Texas 75201.

REQUEST FOR PRODUCTION

In compliance with Rule 196, Texas Rules of Civil Procedure, Plaintiffs request that the
documents defined hereinafter be produced by Defendant, City of Dallas, for copying and
inspection on or before fifty (50) days from receipt ofthis Request, at 5:00 p.m., in the Law
Office of John Sherwood, located at 2926 Maple Avenue, Suite 200, Dallas, Texas 75201.

Nothing in these requests are to be construed as a request for documents or information that is
outside the scope of Rule 192.3 of the Texas Rules of Civil Procedure or for documents that are
exempt under Rule 193.3(c) of the Texas Rules of Civil Procedure.
9.02

Produce the following documents:

1.

Documents and Tangible Things. Any and all documents, charts, diagrams, models,
photographs, videotape recordings or other tangible evidence concerning the incident
claim made the basis of this lawsuit that are within the scope of Rule 192.3 of the Texas
Rules of Civil Procedure.

PLAINTIFF*S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

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 2.

Copies of Defendants' incident reports, internal investigations and all files relating to the
events and subsequent investigations involving Aaron Von Mosley on March 2 2013 and
March 3,2013.

3.

Copiesof all recorded witness statements (whether writtenor oral) taken in this cause
relating to all incidents involving the arrestand custody of AaronVon Mosely. Plaintiffs
request that if the statement was recorded on audio tape, that an exact duplicate of the
audio tape be produced. If the tapes have been transcribed, then Plaintiffs request that the
Defendants,produce copies of the transcriptions along with the transcriber's certificate
and credentials.

4.

Copies of all photographs or video tapes taken by or in the possession of Defendantof
Aaron Von Mosley.

6.

Any and all work papers, correspondence, internal memorandums, e-mails, calculations,
correspondence with any witnesses or persons with knowledge of relevant facts (relating
to the arrest and detention and investigation of Aaron Von Mosley.

7.

A copy of all remedial measures taken by Defendants to correct or prevent the future
injury to persons, such as Plaintiff, Aaron Von Mosley, when the Defendants, take a
blood draw for a DWI investigation and showingcorrectiveaction by Defendants, as a
result of Aaron Von Mosley's.

8.

A copy of all personnel records for Sr. Corporal Stephen Baker, Officer Michael Bud
Arnold, Sergeant Bryan Roden .

Copies of all policy and procedure manuals that were in effect on March 2 and March 3,
2014 for the Dallas Police Department but not limited to those manuals on DWI arrests,
restraints and use of force and blood draws.

10.

All records (electronic documents, paper-based documents, audio recordings, police
dispatches, or video surveillance) in your possession, custody, or control relating to the
encounter in question between Dallas Police officers and Plaintiff Aaron Von Mosley
that is the subject of this lawsuit.

11.

All records reflecting complaints of the use of excessive force by any of the Dallas Police
Officers named in this lawsuit.
PLAINTIFF'S FIRST SET OF INTERROGATORIES

PLA1NT1FF*S ORIGINAL PETITION, FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

16

 TO SR. CORPORAL STEPHEN BAKER

Pursuant to Rule 197of the TexasRulesofCivil Procedure, PlaintiffAaronVon Mosley serveshis

First Set of Interrogatories to Defendant, Sr. Corporal Stephen Baker. Responses are due on or
before fifty (50)daysfrom receipt of this Request, at 5:00p.m., in the office of John C. Sherwood,
2926 Maple Avenue, Suite 200, Dallas, Texas 75201.

INTERROGATORY NO. 1: Identify all personswho you or your attorney have contacted, or
from whom youor your attorney have either obtained or requested a statement, regarding the
allegations of the complaint in this action by stating their name, address, and last known work
and home telephone numbers.
RESPONSE:

INTERROGATORY NO. 2: Identify the name and, if known, the addressand telephone
number of eachperson likely to have discoverable information that you mayuse to support your
defense(s). Withrespect to each suchperson, identify in as muchdetail as possible the
discoverable information he or she possesses.
RESPONSE:

INTERROGATORY NO. 3: Have you ever been the subject of a complaint or named as a
defendant in any lawsuit that charged you, either individual or in yourcapacity as a police officer
with the use of excessive force?
RESPONSE:

INTERROGATORY NO. 4: Ifthe answer to Interrogatory No. 3 is yes, please identifydate ofthe
complaint or lawsuit, the name and address of the person filing it, where it was filed and the
resolution ofthe complaint or lawsuit.
RESPONSE:

PLAINTIFF FIRST REQUEST FOR PRODUCTION
TO SR. CORPORAL STEPHEN BAKER

Pursuantto Rule 196of the Texas Rules ofCivil Procedure, PlaintiffAaron Von Mosleyserveshis

First Request for Production to Defendant, Sr. Corporal Stephen Baker. Responses are due on or
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

17

 before fifty (50) days from receipt ofthis Request, at 5:00 p.m., in the office ofJohn C. Sherwood,
2926 Maple Avenue, Suite 200, Dallas, Texas 75201.

REQUEST NO. 1: All documents identified by you in response to each and every
interrogatory set forth above.
RESPONSE:

REQUEST NO. 2: All documents or data compilations that are in your possession, custody or
control that you may use to support your defenses.
RESPONSE:

REQUEST NO. 3: All records (electronic documents, paper-based documents, audio
recordings, police dispatches, or video surveillance) in your possession, custody, or control
relating to the encounter in question between Dallas Police officers and Plaintiff Aaron Von
Mosley that is the subject of this lawsuit.
PLAINTIFF'S FIRST SET OF INTERROGATORIES

TO OFFICER MICHAEL BUD ARNOLD

Pursuant to Rule 197 ofthe Texas Rules of Civil Procedure, PlaintiffAaron Von Mosley serves his

First Set of Interrogatories to Defendant, Officer Michael Bud Arnold. Responses are due on or

before fifty (50) days from receipt ofthis Request, at 5:00 p.m., in the office ofJohn C. Sherwood,
2926 Maple Avenue, Suite 200, Dallas, Texas 75201.

INTERROGATORY NO. 1: Identify all persons who you or your attorney have contacted, or
from whom you or your attorney have either obtained or requested a statement, regarding the
allegations of the complaint in this action by stating their name, address, and last known work
and home telephone numbers.
RESPONSE:

INTERROGATORY NO. 2: Identifythenameand,ifknovm, the address and telephone
number of each person likely to have discoverable information that you may use to support your
defense(s). With respect to each such person, identify in as much detail as possible the
discoverable information he or she possesses.
PLA1NT1FF*S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

18

 RESPONSE:

INTERROGATORY NO. 3: Have you ever been the subject of a complaint or named as a
defendant in any lawsuit thatcharged you, either individual or in your capacity as a police officer
with the use of excessive force?
RESPONSE:

INTERROGATORY NO. 4: Iftheanswer toInterrogatory No. 3 is yes, please identify date ofthe
complaint or lawsuit, the name and address of the person filing it, where it was filed and the
resolution of the complaint or lawsuit.
RESPONSE:

PLAINTIFF FIRST REQUEST FOR PRODUCTION
TO OFFICER MICHAEL BUD ARNOLD

Pursuant to Rule 196 of the Texas Rules of Civil Procedure, PlaintiffAaron Von Mosley serves his

First Request for Production to Defendant, Officer Michael Bud Arnold. Responses are due on or
before fifty (50) days from receipt of this Request, at 5:00p.m.,in the officeof John C. Sherwood,
2926 Maple Avenue, Suite 200, Dallas, Texas 75201.

REQUEST NO. 1:

All documents identified byyou in response to each and every

interrogatory set forth above.
RESPONSE:

REQUEST NO. 2:

All documents or datacompilations that are in your possession, custody or

control that you may use to support your defenses.
RESPONSE:

REQUESTNO. 3:

All records (electronic documents, paper-based documents, audio

recordings, police dispatches, or video surveillance) in your possession, custody, or control
relating to the encounter in question between Dallas Police officers and Plaintiff Aaron Von
Mosley that is the subject of this lawsuit.

PLAINTIFF'S FIRST SET OF INTERROGATORIES
TO SERGEANT BRYAN RODEN
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION ANDREQUEST FOR DISCLOSURE

19

 Pursuant to Rule 197of the Texas Rules of CivilProcedure, PlaintiffAaron VonMosley serves his

First Setof Interrogatories to Defendant, Sergeant Bryan Roden. Responses are due on or before
fifty (50) days from receiptof this Request, at 5:00 p.m., in the office of John C. Sherwood, 2926
Maple Avenue, Suite 200, Dallas, Texas 75201.

INTERROGATORY NO. 1: Identify all persons who you or your attorney have contacted, or

from whom you or your attorney have either obtained or requested a statement, regarding the
allegations of the complaint in this action by stating their name, address, and last known work
and home telephone numbers.
RESPONSE:

INTERROGATORY NO. 2: Identify the name and, if known, the address and telephone
number of each person likely to have discoverable information that you may use to support your
defense(s). With respect to each suchperson, identify in as much detail as possible the
discoverable information he or she possesses.
RESPONSE:

INTERROGATORY NO. 3: Have you ever been the subject of a complaint or named as a
defendant in any lawsuit that charged you, either individual or in your capacity as a police officer
with the use of excessive force?
RESPONSE:

INTERROGATORY NO. 4: If the answerto Interrogatory No. 3 is yes, pleaseidentify date of the
complaint or lawsuit, the name and address of the person filing it, where it was filed and the
resolution of the complaint or lawsuit.
RESPONSE:

PLAINTIFF FIRST REQUEST FOR PRODUCTION
TO SERGEANT BRYAN RODEN

Pursuant to Rule 196of the TexasRules of CivilProcedure, PlaintiffAaronVon Mosley serveshis

First Request forProduction to Defendant, Sergeant Bryan Roden. Responses aredueonorbefore
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

20

 fifty (50) days from receipt of this Request, at 5:00 p.m., in the office of John C. Sherwood, 2926
Maple Avenue, Suite 200, Dallas, Texas 75201.

REQUEST NO. 1: All documents identified by you in response to each and every
interrogatory set forth above.
RESPONSE:

REQUEST NO. 2: All documents or data compilations that are in your possession, custody or
control that you may use to support your defenses.
RESPONSE:

REQUEST NO. 3: All records (electronic documents, paper-based documents, audio
recordings, police dispatches, or video surveillance) in your possession, custody, or control
relating to the encounter in question between Dallas Police officers and Plaintiff Aaron Von
Mosley that is the subject of this lawsuit.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DALLAS COUNTY
HOSPITAL DISTRICT d/b/a PARKLAND HEALTH & HOSPITAL SYSTEM

Pursuant to Rule 197 ofthe Texas Rules of Civil Procedure, PlaintiffAaron Von Mosley serves his

First Set of Interrogatories to Defendant, Dallas County Hospital District d/b/a Parkland Health &
Hospital System. Responsesare due on or before fifty (50) days from receiptofthis Request, at 5:00
p.m., in the office of John C. Sherwood, 2926 Maple Avenue, Suite 200, Dallas, Texas 75201.
INTERROGATORY NO. 1: Identify all persons who you or your attorney have contacted, or
from whom you or your attorney have either obtained or requested a statement, regarding the
allegations of the complaint in this action by stating their name, address, and last known work
and home telephone numbers.
RESPONSE:

INTERROGATORY NO. 2: Identify the name and, if known, the address and telephone
number of each person likely to have discoverable information that you may use to support your
defense(s). With respect to each such person, identify in as much detail as possible the
PLAlNTIFF^S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

2\

 discoverable informationhe or she possesses.
RESPONSE:

INTERROGATORY NO. 3: Explainin detailthe procedures for drawing blood samples from DUl
suspects in custody in the blood draw room at the Dallas County Jail.
RESPONSE:

PLAINTIFF FIRST REQUEST FOR PRODUCTION TO DALLAS COUNTY
HOSPITAL DISTRICT d/b/a PARKLAND HEALTH & HOSPITAL SYSTEM

Pursuant to Rule 196ofthe Texas Rules ofCivil Procedure, Plaintiff Aaron Von Mosley serves his

FirstRequest for Production to Defendant, CityofDallas. Responses are dueon or beforefifty(50)
days from receipt of this Request, at 5:00 p.m., in the office of John C. Sherwood, 2926 Maple
Avenue, Suite 200, Dallas, Texas 75201.

1.

Documents and Tangible Things. Any and all documents, charts, diagrams, models,
photographs, videotape recordings or other tangible evidence concerning the incident
claim made the basis of this lawsuit that are within the scope of Rule 192.3 of the Texas
Rules of Civil Procedure.

2.

Copies of Defendants' incident reports, internal investigations and all files relating to the
events and subsequent investigations involving Aaron Von Mosley on March 2 2013 and
March 3, 2013.

3.

Copies of all recorded witness statements (whether written or oral) taken in this cause
relating to all incidents involving the arrest and custody ofAaron Von Mosely. Plaintiffs
request that if the statement was recorded on audio tape, that an exact duplicate of the
audio tape be produced. If the tapes have been transcribed, then Plaintiffsrequest that the
Defendants, produce copies of the transcriptions along with the transcriber's certificate
and credentials.

4.

Copies of all photographs or video tapes taken by or in the possession of Defendant of
Aaron Von Mosley.

PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

11

 6.

Any and all work papers, correspondence, internal memorandums, e-mails, calculations,
correspondence with any witnesses or persons with knowledge of relevant facts (relating
to the arrest and detention and investigation of Aaron Von Mosley.

7.

A copy of all remedial measures taken by Defendants to correct or prevent the future
injury to persons, such as Plaintiff, Aaron Von Mosley, when the Defendants, take a
blood draw for a DWI investigation and showing corrective action by Defendants, as a
result of Aaron Von Mosley's.

8.

A copy of all personnel records for Judy Ellyn Scoggin.

Copies of all policy and procedure manuals that were in effect on March 2 and March 3,
2014 for on blood draws on suspects.

10.

All records (electronic documents, paper-based documents, audio recordings, police
dispatches, or video surveillance) in your possession, custody, or control relating to the
encounter in question between Parkland and Plaintiff Aaron Von Mosley that is the
subject of this lawsuit.

11.

All records reflecting complaints ofthe use ofexcessive force by any employee ofParkland

for

DWI blood draws.

12.

All records (electronic documents, paper-based documents, audio recordings, police
dispatches, or video surveillance) in your possession, custody, or control relating to the
encounter in question between. Nurse Judy Scoggin, Parkland and Plaintiff Aaron Von
Mosley
that is the subject of this lawsuit.
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO JUDY ELLYN SCOGGIN

Pursuant to Rule 197 ofthe Texas Rules ofCivil Procedure, PlaintiffAaron Von Mosley serves his

First Set ofInterrogatories to Defendant, JUDY ELLYN SCOGGIN. Responses are due on or before
fifty (50) days from receipt of this Request, at 5:00 p.m., in the office of John C. Sherwood, 2926
Maple Avenue, Suite 200, Dallas, Texas 75201.

INTERROGATORY NO. 1: Identify all persons who you or your attorney have contacted, or
from whom you or your attorney have either obtained or requested a statement, regarding the
allegations of the complaint in this action by stating their name, address, and last known work
PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

23

 and home telephone numbers.
RESPONSE:

INTERROGATORY NO. 2: Identify the name and, if known, the address and telephone
number of each person likely to have discoverable information that you may use to support your
defense(s). With respect to each such person, identify in as much detail as possible the
discoverable information he or she possesses.
RESPONSE:

INTERROGATORY NO. 3: Explain in detail procedures for drawing blood samples from
DWI/DUI suspects in custody in the blood draw room at the Dallas County Jail.
RESPONSE:

INTERROGATORY NO. 4: Why did you make no objection to the conduct of the police officers
towards Plaintiff Aaron Von Mosley during the blood draw attempt that is the subject of this
lawsuit?
RESPONSE:

INTERROGATORY NO. 5: Have you ever witness conduct by police officers towards suspects in
custody during blood draw attempts that you considered excessive or unwarranted?
RESPONSE:

INTERROGATORY NO. 6: If the answer to Interrogatory No. 5 is yes, to the best of your ability
describe the incidents, including the dates, place and police officers involved.
RESPONSE:

IV.

PLAINTFF'S REQUEST FOR DISCLOSURE TO DEFENDANTS
16.

Rule 194—^Request for Disclosures

16.01 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, the Defendants, City Of

Dallas, Sr. Corporal Stephen Baker, Officer Michael Bud Arnold, Sergeant Bryan Roden, Chief
PLA1NT1FF*S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

24

 Of Police David Brown, Dallas County Hospital District D/B/A Parkland Health & Hospital
System, Judy Ellyn Scoggin, Dallas County, Dallas County Sheriffs Department are requested

to disclose, within fifty (50) days of service of this Request, the information described in Rule
194.2 of the Texas Rules of Civil Procedure.

Respectfully submitted,

By:
John C. Sherwood

The Law Offices of John C. Sherwood

2926 Maple Avenue, Suite 200
Dallas, Texas 75201

(214) 696-1100
(214) 740-0112 facsimile
TBN 18254700

jsherwood@sherwoodlaw.cbeyond.com

David W. Bower

David Bower PC

2926 Maple, Suite 200
Dallas, Texas 75201

(214) 321-4040
(214) 242-2472 (FAX)
SBN 02727400

dbowerlaw@gmaiI.com
ATTORNEYS FOR PLAINTIFF

PLAINTIFF'S ORIGINAL PETITION. FIRST SET OF INTERROGATORIES. FIRST REQUEST FOR

PRODUCTION AND REQUEST FOR DISCLOSURE

25