Case 6:19-cv-00029-ADA-JCM Document 13 Filed 03/11/19 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION

JOHN FAIRCHILD and SUSIE §

FAIRCHILD, individually, and as §
Independent Administrators of, and on §
behalf of, the ESTATE OF KELLI §
LEANNE PAGE and the heirs-at-law of §
KELLI LEANNE PAGE, §
Plaintiffs, §
§
v. § Civil Action No. 6:19-cv-29
§
CORYELL COUNTY, TEXAS; §
STEVEN RUSSELL LOVELADY, and §
WESLEY HARLAND PELREY, §
Defendants. §

DEFENDANT STEVEN RUSSELL LOVELADY’S ANSWER

TO THE HONORABLE JUDGE OF THIS COURT:

Defendant Steven Russell Lovelady, (hereinafter “Defendant”) files this Answer to

Plaintiff’s Original Complaint and would respectfully show the Court the following:

I. GENERAL DENIAL

1. In conformity with Rule 8(b) of the Federal Rules of Civil Procedure, Defendant Steven

Russell Lovelady generally denies the allegations contained in Plaintiffs’ Original Complaint,

except as may be specifically admitted.

2. With regards to allegations contained in Paragraph Nos. 1 through 5, such paragraphs

identifying the parties require no response from Defendant.

3. Defendant admits that this Court has jurisdiction and that venue is appropriate in the Western

District, Waco Division. Defendant denies any remaining allegations asserted in Paragraph

Nos. 6 through 8.

Defendant Steven Russell Lovelady’s Answer Page 1

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4. With regards to the non-specific statements contained in Paragraph No. 9, such paragraphs

require no response from Defendant. However, Defendant denies any allegations asserted in

this paragraph.

5. Defendant is without sufficient information to admit or deny the allegations in Paragraph No.

10. However, Defendant denies any allegations asserted in this paragraph.

6. Defendant is without sufficient information to admit or deny to many of the allegations in

Paragraph Nos. 11 through 14. However, Defendant denies any allegations asserted in these

paragraphs.

7. With regards to the non-specific statements contained in Paragraph No. 15, such paragraphs

require no response from Defendant. However, Defendant denies any allegations asserted in

this paragraph.

8. Defendant denies the factual allegations in Paragraph Nos. 16 through 37.

9. Defendant denies the factual allegations in Paragraph Nos. 38 through 53.

10. At this time, Defendant is without sufficient information to admit or deny the allegations in

Paragraph Nos. 54 through 59, Plaintiffs’ factual allegations concerning the autopsy report.

However, Defendant denies any allegations asserted in these paragraphs.

11. At this time, Defendant is without sufficient information to admit or deny the allegations in

Paragraph Nos. 60 through 65, Plaintiffs’ factual allegations entitled The County’s Post-Death

Reporting. However, Defendant denies any allegations asserted in these paragraphs.

12. Defendant admits that he held a license with the Texas Commission on Law Enforcement

(TCOLE). Additionally, Defendant completed coursework and had information reported to

TCOLE. At this time, Defendant is without sufficient information to admit or deny the

allegations in Paragraph Nos. 66 through 71, Plaintiffs’ factual allegations entitled Texas

Defendant Steven Russell Lovelady’s Answer Page 2

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Commission on Law Enforcement Records. However, Defendant denies any allegations

asserted in these paragraphs.

13. At this time, Defendant is without sufficient information to admit or deny the allegations in

Paragraph Nos. 72 through 90, Plaintiffs’ factual allegations entitled Coryell County’s Monell

Liability. However, Defendant denies any allegations asserted in these paragraphs.

14. Defendant specifically denies that he violated any Fourth and Fourteenth amendment rights or

any other rights under the United States Constitution or the laws of the State of Texas as alleged

in Paragraphs Nos. 91 through 100. Further, Defendant denies that Plaintiffs are entitled to any

of the relief sought in this case including monetary damages.

15. With regards to the causes of actions contained in Paragraph Nos. 101 through 111 against

Defendant Coryell County, such paragraphs require no response from Defendant. However,

Defendant denies any allegations asserted in these paragraphs.

16. With regards to the statements contained in Paragraph Nos. 112 through 116 entitled 14th

Amendment Due Process Claims Under 42 U.S.C. § 1983: Objective Reasonableness Pursuant

to Kingsley v. Hendrickson, Defendant denies any allegations asserted in these paragraphs.

17. Further, Defendant specifically denies that Plaintiffs are entitled to any of the relief sought in

this case. Specifically, all relief and damages sought in Paragraph Nos. 117 through 120.

II. AFFIRMATIVE DEFENSES

18. Defendant Lovelady asserts that he was engaged in the exercise of discretionary duties at all

times relevant to this litigation, and was acting within the course and scope of his duties at the

Coryell County Jail in Coryell County, Texas, with objectively reasonable expectation that his

conduct, if any, was reasonable, lawful and necessary in light of all attendant circumstances.

As such, Defendant Lovelady is entitled to assert the defense of qualified immunity.

Defendant Steven Russell Lovelady’s Answer Page 3

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19. Defendant asserts all privileges and immunities available under federal or state law regarding

the limitation of damages, if any.

20. Defendant asserts that the incident in question and any damages, if any, attributable to the

same, were proximately caused by, and were the direct result of the wrongful, negligent and/or

criminal conduct of Ms. Page.

21. Defendant asserts that the alleged damages, if any, must be reduced by all applicable statutory

caps, including but not limited to all relevant limitations upon damages contained in the Texas

Tort Claims Act.

III. ATTORNEY’S FEES AND COSTS

22. This case is frivolous and wholly without merit. Defendant is entitled to an award of attorney’s

fees and costs.

IV. JURY DEMAND

23. Defendant hereby respectfully requests a trial by jury.

V. PRAYER

For these reasons, Defendant Steven Russell Lovelady prays that the Court deny all relief,

dismiss Plaintiffs’ claims in their entirety, and for such other relief as the court deems just and

proper.

Respectfully submitted,

/s/J. Eric Magee

J. Eric Magee
SBN: 24007585
e.magee@allison-bass.com
ALLISON, BASS & MAGEE, L.L.P.
A.O. Watson House
402 W. 12th Street
Austin, Texas 78701
(512) 482-0701 telephone
(512) 480-0902 facsimile

Defendant Steven Russell Lovelady’s Answer Page 4

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CERTIFICATE OF SERVICE

I hereby certify that on the 11th day of March, 2019, I electronically filed the foregoing
with the Clerk of Court using the CM/ECF system which will send notification of such filing to
the following:

T. Dean Malone
Law Offices of Dean Malone, P.C.
900 Jackson Street
Suite 730
Dallas, Texas 75202
dean@deanmalone.com

Michael T. O'Connor
Law Offices of Dean Malone, P.C.
900 Jackson Street
Suite 730
Dallas, Texas 75202
michael.oconnor@deanmalone.com

Attorneys for Plaintiff

/s/ J. Eric Magee _____

J. Eric Magee

Defendant Steven Russell Lovelady’s Answer Page 5