FILED

12/11/2018 5:12 PM
CIT CML/SAC 1
Donna Kay McKinney
Bexar County District Clerk W/ JD
Accepted By: Roxanne Mujica

2018CI23309
CAUSE NO. ___________________

LEONICIO B. MORENO III § IN THE DISTRICT COURT

§
§
VS. § 150TH
_____ JUDICIAL DISTRICT
§
BEXAR COUNTY CONSTABLE §
PRECINCT 2 § BEXAR COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION, JURY DEMAND, AND

REQUEST FOR DISCLOSURES

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, LEONICIO B. MORENO III, (hereinafter referred to as Plaintiff or

“Moreno”), complaining of and about BEXAR COUNTY CONSTABLE PRECINCT 2,

(hereinafter referred to as Defendant or “Bexar County”, and for cause of action will show unto

the Court as follows:

I.
PARTIES AND SERVICE

1. Plaintiff, Moreno, is a citizen of the United States and the State of Texas and resides in San

Antonio, Bexar County, Texas.

2. Defendant, Bexar County, is a Political Subdivision within the State of Texas and

conducting business in San Antonio, Bexar County, Texas.

3. Defendant, Bexar County, may be served with process by delivering a copy of Plaintiff’s

Original Petition to Nelson Wolff, County Judge of Bexar County, via certified mail return

receipt requested at 101 West Nueva, 10th Floor, San Antonio TX 78205-3482.

1
 II.
JURISDICTION AND VENUE

4. This Court has jurisdiction of this action, as this case arises under the Texas Labor Code

Sections 21.051 and 21.055 and damages are within the jurisdictional limits of this court

and will continue to increase as this case proceeds to trial. Moreover, venue is proper in

Bexar County, Texas, pursuant to the Texas Civil Practice and Remedies Code § 15.002,

as all or a substantial part of the events or omissions giving rise to this claim occurred in

this county.

III.
NATURE OF ACTION

5. This is an action brought pursuant to Texas Labor Code Section 21.051 and Section 21.055

to correct and recover for Defendant’s unlawful employment practices on the basis of

Plaintiff’s sex and retaliation for Plaintiff opposing discrimination based upon Plaintiff’s

sex.

IV.
CONDITIONS PRECEDENT

6. All conditions precedent to jurisdiction have occurred with regard to exhaustion of

administrative remedies provided under the relevant statutory administrative scheme.

V.
FACTS

8. On or about January 8, 2001, Plaintiff began working as a Deputy Constable for Bexar

County Constable, Pct. 2. Plaintiff exceeded expectations and never had issues related to

his work performance as he was promoted to Chief Deputy. In January 2017, Moreno’s

relationship with Constable Barrientes Vela took a turn for the worse. Vela exacted

2
 punishment on deputies that was not supported by the facts and Chief Deputy Moreno

pushed back against Vela’s unfair treatment of the Bexar County employees.

9. On July 30, 2017, Plaintiff and Lt. De La Cerda attended a three-day class in Galveston

along with Constable Vela. At this conference, Vela sexually harassed Moreno and De La

Cerda was a witness to the sexual harassment. Moreno opposed the sexually inappropriate

conduct of Vela as she referred to Moreno as her husband while in the hotel hot tub and

repeatedly made efforts to touch and caress Plaintiff. Moreno made it clear to anyone

present that he was not Vela’s husband and he did not want Vela touching him.

10. Vela engaged in retaliatory conduct against Moreno because he refused her sexual

overtures. Finally, on December 28, 2017, Moreno received written discipline from Vela

and he was demoted from his role as Chief Deputy in Constable Pct. 2. Vela was setting

Moreno up for failure and issuing written disciplines that were not justified. The demotion

from Chief Deputy was announced to all deputies on January 2, 2018. Vela claimed that

Moreno was taking classes by computer that were not approved by her. Moreno explained

that some of the classes taken by computer were for assistance in administrative duties.

Vela accepted Moreno’s explanation. Then on January 11, 2018, Vela accused Plaintiff of

falsifying government documents which in truth and in fact was a slanderous allegation

and was an accusation leveled at Moreno in retaliation for his opposition to sex

discrimination. Plaintiff was placed on administrative leave and forced to surrender his

weapons, credentials, patrol car and any Bexar County equipment.

11. On February 23, 2018, Moreno was issued a notice of proposed discipline effectively

dismissing Plaintiff from his 17-year career as a Constable Deputy. Moreno was escorted

3
 to his office to retrieve any personal property and then escorted off the Constable Pct. 2

property.

12. On March 9, 2018, Plaintiff was officially terminated. Moreno appealed his dismissal to

the Civil Service. Plaintiff returned to work on June 23, 2018, and he was immediately

subjected to retaliation for having opposed sex discrimination. Moreno was 1) not

permitted to speak with other deputies; 2) assigned to a desk in the lobby and not permitted

in the secure area of the office; 3) required to get permission from a supervisor to go to the

restroom; and 4) issued 2 write-ups for missing roll call and not returning to work in

uniform. Plaintiff missed roll call because he was denied access to the secure area. Moreno

did not return in uniform because he must be sworn in before he is allowed to wear the

uniform and that is the law in Texas. A variety of harassment has been dished out to

Plaintiff from the June 23, 2018 return to the present.

VI.
SEX DISCRIMINATION
UNDER § 21.051 OF THE TEXAS LABOR CODE AND RETALIATION FOR
OPPOSING SEX DISCRIMINATION UNDER SECTION 21.055

13. Plaintiff incorporates by reference the allegations contained in paragraphs 1-11 as if fully

rewritten herein. Defendant intentionally engaged in unlawful employment practices

against Plaintiff on the basis of his sex in violation of Section 21.051 et seq., of the Texas

Labor Code. Defendant discriminated against Plaintiff in connection with the

compensation, terms, conditions and privileges of employment or limited, segregated or

classified Plaintiff in a manner that would deprive or tend to deprive him of an employment

opportunity or adversely affect his status because of Plaintiff's sex in violation of Section

4
 21.051 et seq., of the Texas Labor Code.

14. Defendant discriminated against Plaintiff by subjecting him to an adverse employment

decision based on his sex.

15. Defendant intentionally retaliated against Plaintiff and engaged in an unlawful employment

practice against Plaintiff because he opposed sex discrimination in violation of Section

21.055 of the Texas Labor Code.

VII.
DAMAGES

16. Plaintiff sustained the following damages as a result of the actions and/or omissions of

Defendant described hereinabove:

a. Compensatory Damages (including emotional pain and suffering, inconvenience,

mental anguish, loss of enjoyment of life, and other non-economic damages) allowed

under the Texas Labor Code.

b. Economic damages in the form of lost back pay from the date of him being

subjected to an adverse employment decision;

c. Front pay in an amount the Court deems equitable and just to make Plaintiff whole;

d. Attorney’s fees pursuant to the Texas Labor Code.

17. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff hereby seeks monetary

relief over $200,000.00 but less than $1,000,000.00 including costs, expenses, pre- and

post-judgment interests, and attorney’s fees. Plaintiff further requests that the non-

expedited rules apply in this case.

VIII.
JURY DEMAND

5
18. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.

IX.
REQUEST FOR DISCLOSURE

19. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose within

fifty (50) days of the service of this request the information or material described in Texas

Rule of Civil Procedure 194.2.

X.
PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, Leonicio B. Moreno III,

respectfully prays that Defendant, Bexar County, be cited to appear and answer herein, and

that upon a final hearing of the cause, judgment be entered for the Plaintiff against

Defendant for damages in an amount within the jurisdictional limits of the Court, together

with interest as allowed by law, costs of court, and such other and further relief to which

the Plaintiff may be justly entitled at law or in equity.

Respectfully submitted,

By: /s/ Dennis L. Richard

Dennis L. Richard
LAW OFFICE OF DENNIS L. RICHARD
Texas Bar No. 16842600
dennislrichardlaw@gmail.com
14255 Blanco Road
San Antonio, TX 78216
Tel. (210) 308-6600
Fax. (210) 308-6939

PLAINTIFF HEREBY DEMANDS TRIAL BY JURY