IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ROOSEVELT HOLIDAY, §
Plaintiff, §
§
v. §
§
CITY OF DALLAS, THE DALLAS POLICE § Civil Action No: 3:08-CV-2110-D
DEPARTMENT, TOM LEPPERT, as the §
administrative head of the City of Dallas, §
DAVID KUNKLE, individually and as the §
administrative head of the Dallas Police §
Department, WILLIAM PEPSIS, JR., §
DEBORAH D. MELANCON, RON §
WALDROP, JESSE REYES, MICHAEL §
EPPLE, and RICHARD DODGE, §
Defendants. §

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES

TO THE HONORABLE DISTRICT COURT JUDGE:

The above named Defendants file this Amended Answer in response to Roosevelt

Holiday’s Amended Complaint and Request for Disclosure. Holiday’s Amended Complaint

includes an introductory paragraph that does not require specific admissions or denials as they

are repeated in the facts portion of his Amended Complaint. However in an abundance of

caution, Defendants deny any allegations set forth in his introductory paragraph. The paragraph

numbers below correspond to the numbering of the Holiday’s Amended Complaint.

I.
PARTIES

2. Defendants admit the allegations in paragraph 2 of Plaintiff’s Amended Complaint.

3. Defendants admit the allegations in the first sentence in paragraph 3 of Plaintiff’s

Amended Complaint. Defendants deny the allegations in the second sentence in
paragraph in Plaintiff’s Amended Complaint. Defendants admit service has been
accepted.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 1

4. Defendants admit the allegations in the first sentence in paragraph 4 of Plaintiff’s
Amended Complaint. Defendants deny the allegations in the second sentence of
paragraph 4 of Plaintiff’s Amended Complaint.

5. Defendants deny the allegations in paragraph 5 of Plaintiff’s Amended Complaint.

6. Defendants deny the allegations in paragraph 6 of Plaintiff’s Amended Complaint that

David Kunkle is the administrative head of the City of Dallas. Defendants admit David
Kunkle has accepted service.

7. Defendants admit the allegations in paragraph 7 of Plaintiff’s Amended Complaint.

8. Defendants admit the allegations in paragraph 8 of Plaintiff’s Amended Complaint.

9. Defendants admit the allegations in paragraph 9 of Plaintiff’s Amended Complaint.

10. Defendants admit the allegations in paragraph 10 of Plaintiff’s Amended Complaint.

11. Defendants admit the allegations in paragraph 11 of Plaintiff’s Amended Complaint.

12. Defendants admit the allegations in paragraph 12 of Plaintiff’s Amended Complaint.

II.
JURISDICTION AND VENUE

13. Defendants admit that this court has jurisdiction to hear Holiday’s claims.

14. Defendants admit that venue is proper in this case.

III.
FACTS

15. Defendants admit the allegations in paragraph 15 of Plaintiff’s Amended Complaint

16. Defendants admit the allegations in paragraph 16 of Plaintiff’s Amended Complaint.

17. Defendants admit the allegations in paragraph 17 of Plaintiff’s Amended Complaint.

18. Defendants deny the allegations in paragraph 18 of Plaintiffs’ Amended Complaint.

19. Defendants are without sufficient information to admit or deny the allegations in
paragraph 19 of Plaintiff’s Amended Complaint.

20. Defendants deny the allegations in paragraph 20 of Plaintiff’s Amended Complaint.

21. Defendants deny the allegations in paragraph 21 of Plaintiff’s Amended Complaint.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 2

22. Defendants deny the allegations in paragraph 22 of Plaintiff’s Amended Complaint.

23. Defendants deny the allegations in paragraph 23 of Plaintiff’s Amended Complaint.

24. Defendants deny the allegations in paragraph 24 of Plaintiff’s Amended Complaint.

25. Defendants deny the allegation in sentence 1 of Plaintiff’s Amended Complaint.

Defendants admit the allegations in sentences 2 and 3 of Plaintiff’s Amended Complaint.
Defendants deny the allegations in sentences 4 and 5 of Plaintiff’s Amended Complaint.
Defendants admit the allegations in sentences 6, 7 and 8 in paragraph 25 of Plaintiff’s
Amended Complaint.

26. Defendants admit the allegations in paragraph 26 of Plaintiff’s Amended Complaint.

27. Defendants deny allegations in the first and second sentences in paragraph 27of
Plaintiff’s Amended Complaint. Defendants admit the allegations in the third sentence of
paragraph 27 of Plaintiff’s Amended Complaint. Defendants deny the remaining
allegations in paragraph 27 of Plaintiff’s Amended Complaint.

28. Defendants are without sufficient information to admit or deny the allegations of
paragraph 28 of Plaintiff’s Amended Complaint.

29. Defendants admit the allegations in paragraph 29 of Plaintiff’s Amended Complaint.

30. Defendants deny the allegations in the first and second sentences in paragraph 30 of
Plaintiff’s Amended Complaint. Defendants admit the remaining allegations in
paragraph 30 of Plaintiff’s Amended Complaint.

31. Defendants are without sufficient information to admit or deny the allegations in the first
sentence in paragraph 31 of Plaintiff’s Amended Complaint. Defendants admit the
remaining allegations in paragraph 31 of Plaintiff’s Amended Complaint.

32. Defendants are without sufficient information to admit or deny the allegations in the first
sentence in paragraph 32 of Plaintiff’s Amended Complaint. Defendants deny the
remaining allegations in paragraph 32 of Plaintiff’s Amended Complaint.

33. Defendants admit the allegations in paragraph 33 of Plaintiff’s Amended Complaint.

34. Defendants admit the allegations in the first sentence in paragraph 34 of Plaintiff’s
Amended Complaint. Defendants are without sufficient information to admit or deny the
remaining allegations in paragraph 34 of Plaintiff’s Amended Complaint.

35. Defendants deny the allegations in paragraph 35 of Plaintiff’s Amended Complaint.

36. Defendants admit the allegations in paragraph 36 of Plaintiff’s Amended Complaint.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 3

37. Defendants admit the allegations in paragraph 37 of Plaintiff’s Amended Complaint

38. Defendants admit the allegations in the first and second sentences in paragraph 38 of
Plaintiff’s Amended Complaint. Defendants deny the remaining allegations in paragraph
38 of Plaintiff’s Amended Complaint.

39. Defendants admit the allegations in the first sentence in paragraph 39 of Plaintiff’s
Amended Complaint. Defendants are without sufficient information to admit or deny the
remaining allegations in paragraph 39 of Plaintiff’s Amended Complaint.

40. Defendants admit the allegations in paragraph 40 of Plaintiff’s Amended Complaint.

41. Defendants deny the allegations in paragraph 41 of Plaintiff’s Amended Complaint.

42. Defendants deny the allegations in the first sentence of paragraph 42 of Plaintiff’s
Amended Complaint. Defendants are without sufficient information to admit or deny the
remaining allegations in paragraph 42 of Plaintiff’s Amended Complaint.

43. Defendants admit the allegations in paragraph 43 of Plaintiff’s Amended Complaint.

44. Defendants admit the allegations in paragraph 44 of Plaintiff’s Amended Complaint.

45. Defendants are without sufficient information to admit or deny the allegations in
paragraph 45 of Plaintiff’s Amended Complaint.

46. Defendants are without sufficient information to admit or deny the allegations in
paragraph 46 of Plaintiff’s Amended Complaint.

47. Defendants are without sufficient information to admit or deny the allegations in
paragraph 47 of Plaintiff’s Amended Complaint.

48. Defendants admit the allegations in the first sentence in paragraph 48 of Plaintiff’s
Amended Complaint. Defendants deny the remaining allegations in paragraph 48 of
Plaintiff’s Amended Complaint.

49. Defendants deny the allegations in paragraph 49 of Plaintiff’s Amended Complaint.

50. Defendants admit the allegations in the first sentence in paragraph 50 of Plaintiff’s
Amended Complaint. Defendants are without sufficient information to admit or deny the
remaining allegations in paragraph 50 of Plaintiff’s Amended Complaint.

51. Defendants admit the allegations in paragraph 51 of Plaintiff’s Amended Complaint

52. Defendants are without sufficient information to admit or deny the allegations in
paragraph 52 of Plaintiff’s Amended Complaint and there denies same.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 4

53. Defendants are without sufficient information to admit or deny the allegations in
paragraph 53 of Plaintiff’s Amended Complaint and there denies same.

IV. [this and following section numbers will correspond with Holiday’s numbering]
CAUSE OF ACTION: RACE DISCRIMINATION
TEXAS LABOR CODE CHAPTER 21
AGAINST THE CITY OF DALLAS, THE DALLAS POLICE DEPARTMENT, AND
TOM LEPPERT AND DAVID KUNKLE IN THEIR ADMINISTRATIVE CAPACITIES

54. Defendants admit the allegations in paragraph 54 of Plaintiff’s Amended Complaint.

55. Defendants deny the allegations in the first sentence in paragraph 55 of Plaintiff’s
Amended Complaint. Defendants are without sufficient information to admit or deny the
remaining allegations in paragraph 55 of Plaintiff’s Amended Complaint.

56. Defendants deny the allegations in paragraph 56 of Plaintiff’s Amended Complaint.

57. Defendants deny the allegations in paragraph 57 of Plaintiff’s Amended Complaint.

58. Defendants deny the allegations in paragraph 58 of Plaintiff’s Amended Complaint.

59. Defendants deny the allegations in paragraph 59 of Plaintiff’s Amended Complaint.

60. Defendants deny the allegations in paragraph 60 of Plaintiff’s Amended Complaint.

61. Defendants deny the allegations in paragraph 61 of Plaintiff’s Amended Complaint.

IV.
CAUSE OF ACTION: RETALIATION DISCRIMINATION
TEXAS LABOR CODE CHAPTER 21
AGAINST THE CITY OF DALLAS, THE DALLAS POLICE DEPARTMENT, AND
TOM LEPPERT AND DAVID KUNKLE IN THEIR ADMINISTRATIVE CAPACITIES

62. Defendants admit the allegations in paragraph 62 of Plaintiff’s Amended Complaint.

63. Defendants admit the allegations in the first sentence in paragraph 63 of Plaintiff’s
Amended Complaint. Defendants are without sufficient information to admit or deny the
remaining allegations in paragraph 63 of Plaintiff’s Amended Complaint.

64. Defendants admit the allegations in paragraph 64 of Plaintiff’s Amended Complaint.

65. Defendants deny the allegations in paragraph 65 of Plaintiffs’ Amended Complaint.

66. Defendants deny the allegations in paragraph 66 of Plaintiffs’ Amended Complaint.

67. Defendants deny the allegations in paragraph 67 of Plaintiffs’ Amended Complaint.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 5

68. Defendants deny the allegations in paragraph 68 of Plaintiffs’ Amended Complaint.

V.
CAUSE OF ACTION: RACE DISCRIMINATION
42 U.S.C. § 1981, et seq.
AGAINST ALL DEFENDANTS

69. Defendants deny the allegations in paragraph 69 of Plaintiffs’ Amended Complaint.

70. Defendants deny the allegations in paragraph 70 of Plaintiffs’ Amended Complaint.

71. Defendants deny the allegations in paragraph 71 of Plaintiffs’ Amended Complaint.

72. Defendants deny the allegations in paragraph 72 of Plaintiffs’ Amended Complaint.

73. Defendants deny the allegations in paragraph 73 of Plaintiffs’ Amended Complaint.

74. Defendants deny the allegations in paragraph 74 of Plaintiffs’ Amended Complaint.

75. Defendants deny the allegations in paragraph 75 of Plaintiffs’ Amended Complaint.

76. Defendants deny the allegations in paragraph 76 of Plaintiffs’ Amended Complaint.

VI.
CAUSE OF ACTION: RETALIATION
42 U.S.C. § 1981, et seq.
AGAINST ALL DEFENDANTS

77. Defendants deny the allegations in paragraph 77 of Plaintiffs’ Amended Complaint.

78. Defendants deny the allegations in paragraph 78 of Plaintiffs’ Amended Complaint.

79. Defendants deny the allegations in paragraph 79 of Plaintiffs’ Amended Complaint.

80. Defendants deny the allegations in paragraph 80 of Plaintiffs’ Amended Complaint.

81. Defendants deny the allegations in paragraph 81 of Plaintiffs’ Amended Complaint.

82. Defendants deny the allegations in paragraph 82 of Plaintiffs’ Amended Complaint.

83. Defendants deny the allegations in paragraph 83 of Plaintiffs’ Amended Complaint.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 6

 VII.
CAUSE OF ACTION: RACE DISCRIMINATION
42 U.S.C. § 1983, et seq.
AGAINST ALL DEFENDANTS

84. Defendants are without sufficient information to admit or deny the allegations in
paragraph 84 of Plaintiff’s Amended Complaint.

85. Defendants are without sufficient information to admit or deny the allegations in
paragraph 85 of Plaintiff’s Amended Complaint.

86. Defendants deny the allegations in paragraph 86 of Plaintiffs’ Amended Complaint.

87. Defendants deny the allegations in paragraph 87 of Plaintiffs’ Amended Complaint.

88. Defendants deny the allegations in paragraph 88 of Plaintiffs’ Amended Complaint.

VIII.
CAUSE OF ACTION: RETALIATION
42 U.S.C. § 1983, et seq.

89. Defendants are without sufficient information to admit or deny the allegations in
paragraph 89 of Plaintiff’s Amended Complaint.

90. Defendants deny the allegations in paragraph 90 of Plaintiffs’ Amended Complaint.

91. Defendants deny the allegations in paragraph 91 of Plaintiffs’ Amended Complaint.

92. Defendants deny the allegations in paragraph 92 of Plaintiffs’ Amended Complaint.

93. Defendants deny the allegations in paragraph 93 of Plaintiffs’ Amended Complaint.

IX.
CAUSE OF ACTION: CONSPIRACY
42 U.S.C. § 1983, et seq.
ALL DEFENDANTS

94. Defendants deny the allegations in paragraph 94 of Plaintiffs’ Amended Complaint.

95. Defendants deny the allegations in paragraph 95 of Plaintiffs’ Amended Complaint.

96. Defendants deny the allegations in paragraph 96 of Plaintiffs’ Amended Complaint.

97. Defendants deny the allegations in paragraph 97 of Plaintiffs’ Amended Complaint.

X.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 7

 DAMAGES

98. Defendants deny Plaintiff is entitled to any damages including the relief requested in
paragraph 98 of Plaintiff’s Amended Complaint.

99. Defendants deny Plaintiff is entitled to any damages including the relief requested in
paragraph 99 of Plaintiff’s Amended Complaint.

100. Defendants deny Plaintiff is entitled to any damages including the relief requested in
paragraph 100 of Plaintiff’s Amended Complaint.

101. Defendants deny Plaintiff is entitled to any damages including the relief requested in
paragraph 101 of Plaintiff’s Amended Complaint.

102. Defendants deny Plaintiff is entitled to any damages including the relief requested in
paragraph 102 of Plaintiff’s Amended Complaint.

103. Defendants deny Plaintiff is entitled to any relief including the relief requested in
paragraph 103 of Plaintiff’s Amended Complaint.

104. Defendants deny Plaintiff is entitled to any damages including the relief requested in
paragraph 104 of Plaintiff’s Amended Complaint.

XI.
REQUEST FOR DISCLOSURE

105. No response necessary.

XII.
JURY DEMAND

106. Defendants request a jury trial on all issues so triable.

AFFIRMATIVE DEFENSES

1. Defendants affirmatively plead, to the extent applicable, that Holiday failed to mitigate
his damages, if any.

2. Defendants affirmatively plead, to the extent applicable, statute of limitations.

3. Defendants affirmatively plead, to the extent applicable, that Holiday failed to satisfy the
administrative requirements associated with his claims.

4. Defendants affirmatively invoke the defense of governmental immunity from suit and
liability and would show that the City of Dallas is a municipal corporation organized and
existing as a political subdivision and a unit of government of the State of Texas, and as a home-

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 8

rule city under the Home-Rule Amendment to the Constitution of the State of Texas and the
provisions applicable to the Home-Rule Municipalities as set forth in the Local Government
Code of the State of Texas.

5. To the extent that Holiday alleges any negligent acts or omissions on the part of
Defendants, Defendants affirmatively plead that the immunity of the City for the negligent acts
or omissions of its officers, agents, and/or employees acting in the course and scope of their
employment, is waived only to the extent set forth in the Texas Tort Claims Act, Tex. Civ. Prac.
& Rem. Code, §101.001, et. seq. In the unlikely event Holiday can prove a cause of action
against Defendant, Plaintiff’s monetary recovery will be governed by the limits set forth therein.

6. Defendants affirmatively plead that on all occasions in question City employees,

representatives, and agents did not violate any clearly established law of which a reasonable
person would have known.

7. Defendants affirmatively plead that no act or omission on their part or on the part of City
employees proximately caused Plaintiff’s alleged damages, if any.

8. Defendants affirmatively plead that they exercised reasonable care to prevent and correct
promptly any harassing behaviour of Holiday and that he unreasonably failed to take advantage
of any available preventive or corrective opportunities.
9. The City affirmatively pleads, to the extent applicable, that it has sovereign immunity
from Holiday’s claims unless such immunity is expressly waived.
10. Defendants affirmatively plead that they would have taken the same actions in the
absence of any alleged discrimination or retaliation.
11. Defendants sued in their individual capacities hereby invoke their entitlement to qualified
and official immunity.

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 9

 Respectfully submitted,

THOMAS P. PERKINS, JR.

Dallas City Attorney

s/ Jason D. McClain
Assistant City Attorney
Texas State Bar No. 00797032
JANICE S. MOSS
Assistant City Attorney
Texas State Bar No. 14586050

City Hall 7BN

1500 Marilla Street
Dallas, Texas 75201
Telephone: (214) 670-3519
Facsimile: (214) 670-0622

CERTIFICATE OF SERVICE
On December 16, 2009, a copy of the foregoing document was provided to Holiday’s

counsel of record, Rob Wiley and Lindsey Watson, via certified mail at 1825 Market Center

Blvd., Suite 385, Dallas, Texas 75207.

s/ Jason D. McClain

DEFENDANTS’ AMENDED ANSWER AND AFFIRMATIVE DEFENSES – Page 10