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FILED

DALLAS COUNTY
8/13/2018 9:38 AM
FELICIA PITRE
DISTRICT CLERK

CAUSE NO. DC-18-08783

DAVID TYSON, JR., § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. §
§ 193RD JUDICIAL DISTRICT
RICHARDSON INDEPENDENT SCHOOL §
DISTRICT, and JEAN BONO, KIM CASTON, §
KAREN CLARDY, KATIE PATTERSON, §
ERON LINN, JUSTIN BONO, and KRISTIN §
KUHNE, in their official capacities, §
§ DALLAS COUNTY, TEXAS
Defendants.

D EFENDANTS R ICHARDSON I NDEPENDENT S CHOOL D ISTRICT ,
J EAN B ONO , K IM C ASTON , K AREN C LARDY , K ATIE P ATTERSON ,
E RON L INN , J USTIN B ONO , AND K RISTIN K UHNE ’ S
O RIGINAL A NSWER AND R EQUEST FOR D ISCLOSURES

Defendants Richardson Independent School District (“Richardson ISD” or “District”) and

Jean Bono, Kim Caston, Karen Clardy, Katie Patterson, Eron Linn, Justin Bono, and Kristin

Kuhne in their official capacities (collectively, “Named Defendants”) file this Original Answer

to Plaintiff David Tyson, Jr.’s Original Petition and Request for Disclosures. In support of this

Answer, Named Defendants would respectfully show the Court the following:

GENERAL DENIAL

In accordance with Rule 92 of the Texas Rules of Civil Procedure, Named Defendants

deny each and every allegation contained in Mr. Tyson’s Original Petition. By this denial,

Named Defendants respectfully request that the Court require Mr. Tyson prove his cause of

action, and any and all amendments thereto, by a preponderance of the evidence as is required by

the Texas Rules of Civil Procedure, the Texas Constitution, and the laws of the State of Texas.
AFFIRMATIVE & OTHER DEFENSES

Pursuant to Rule 94 of the Texas Rules of Civil Procedure, Named Defendants assert the

following affirmative and other defenses to Plaintiff’s claims:

1. All or a portion of Mr. Tyson’s claims are barred by the applicable statute of

limitations.

2. All or a portion of Mr. Tyson’s claims are barred by the applicable affirmative

defenses set forth pursuant to Texas Government Code §§ 551.071, 551.072, 551.073, 551.074,

551.076, 551.082, 551.0821, 551.084, and/or 551.089.

3. Named Defendants deny that any action taken by Richardson ISD and/or its

Board of Trustees in violation of the Texas Open Meetings Act, if any, is void ab initio. Texas

Government Code § 551.141 provides, “[a]n action taken by a governmental body in violation of

this chapter is voidable.” TEX. GOV’T. CODE § 551.141. Named Defendants assert that any such

action allegedly taken by Richardson ISD and/or its Board of Trustees is merely voidable and

therefore remains in effect until adjudicated and declared void. Housing Authority of City of

Dallas v. Killingsworth, 331 S.W.3d 806, 812 N.5 (Tex.App.—Dallas 2011, pet. denied).

4. All or a portion of Mr. Tyson’s claims are barred by waiver.

5. Named Defendants assert the defense of governmental immunity from suit or

liability to any and all claims or requests for relief not waived by statute.

6. Mr. Tyson’s claims are barred by any other defense which constitutes an

avoidance or an affirmative defense.

ATTORNEYS’ FEES AND COSTS

Named Defendants seeks recovery of attorneys’ fees and costs in this matter under Texas

Education Code § 11.161.

DEFENDANTS’ ORIGINAL ANSWER AND REQUEST FOR DISCLOSURES - PAGE 2
RULE 194.2 REQUEST FOR DISCLOSURES TO MR. TYSON

Named Defendants request Mr. Tyson disclose the information or materials described in

Rule 194.2 of the Texas Rules of Civil Procedure within 30 days after service of these Requests.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Named Defendants pray that this Court

enter a judgment that Plaintiff David Tyson, Jr. takes nothing on his claims and for such other

and further relief, both general and special, at law or in equity, to which Named Defendants may

show themselves to be justly entitled.

DEFENDANTS’ ORIGINAL ANSWER AND REQUEST FOR DISCLOSURES - PAGE 3
Respectfully submitted,

/s/ Carlos G. Lopez
CARLOS G. LOPEZ
clopez@thompsonhorton.com
State Bar No. 12562953

VAN T. PHAM
vpham@thompsonhorton.com
State Bar No. 24037275

THOMPSON & HORTON LLP
Ross Tower
500 North Akard Street, Suite 3150
Dallas, Texas 75201
(972) 853-5115 – Telephone
(972) 692-8334 – Facsimile

Attorneys for Defendants Richardson Independent
School District and Jean Bono, Kim Caston, Karen
Clardy, Katie Patterson, Eron Linn, Justin Bono,
and Kristin Kuhne in their official capacities

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing document
has been filed and served via the Court’s electronic filing system, on this 13th day of August,
2018, properly addressed as follows:

William A. Brewer III
Brewer Storefront, PLLC
1717 Main Street, Ste. 5900
Dallas, TX 75201
wab@brewerattorneys.com

/s/ Carlos G. Lopez
CARLOS G. LOPEZ

DEFENDANTS’ ORIGINAL ANSWER AND REQUEST FOR DISCLOSURES - PAGE 4