FILED UNITED STATES DISTRICT COURT

2UI' AUG 29 PM 1:33 WESTERN DISTRICT OF TEXAS

_______DIVISION

Stephen Wallace as Guardian for Justin Wallace

Plaintiff A 14 CV 0820 LV

Dr. Kyle Janik, Commissioner of Texas Health and Human Services Commission

Chris Traylor, Deputy Commissioner

Scott Schaiclin, Assistant Commissioner

Of the Texas Department of Aging and Disability Services

Defendants

COMPLAINT

CASE NUMBER

Parties and Location of Parties

Plaintiff Stephen Wallace, at 875 Sand Hills Rd, Red Rock, TX 78662, acting on behalf of ward

Justin Wallace, Bldg. 784, Austin State Supported Living Center, Austin TX.

Defendants include Dr. Kyle Janik Commissioner of the Texas Health and Human Services

Commission, is found at 4900 N. Lamar, Brown-Heatly Building, Austin, TX 78751.

Case 1:14-cv-00830-LY Document 1 Filed 08/29/14 Page 1 of 4

Chris Traylor, 4900 N. Lamar, Brown Heatly Building, Austin TX 78751

Scott Schaiclin, 701 West 51st St., Austin TX, P0 149030, Austin TX 78714.

Jurisdiction

Plaintiff believes that this Court is the Court of Proper Jurisdiction because the central question

to be answered and relief being sought are based on a federal question involving the violations of

Plaintiff's civil rights by the state actors listed as defendants above. The state, through the

actions of the listed defendants seeks to forcibly evict the Plaintiff's ward from his place of

residence of the past 12 years, without due process, and does so due to the severe nature of the

plaintiff's wards disabling condition. Applicable cause can be found in reference to 42 USC

1983, and in guarantees of equal protection under The Fourteenth Amendment to the

Constitution of the United. This court is uniquely qualified to hear these questions. Other

federal and state statutes may have been violated as well, but due to the emergency nature of this

action, we pray that the court finds sufficient grounds for jurisdiction in the above stated reasons.

Allegations

On July 3rd 2014, Plaintiff was informed that ward Justin Wallace would be relocated to some

new location due to the previously unannounced closure of his place of residence at the Austin

State Supported Living Center. The planned closure was to take place no later than November 1,

2014, and Justin Wallace would be relocated in anticipation of that closure, no later than August

11, 2014. Plaintiff was informed that his ward could move either to a community based home, or

another State Supported Living Center. Plaintiff was further informed that continued placement

Case 1:14-cv-00830-LY Document 1 Filed 08/29/14 Page 2 of 4

at Justin's current residence was not an option due to the physical closure of the building.

Plaintiff then received additional notification that Ward Justin Wallace would be physically

removed and relocated to The Brenham State Support Living Center on August 11, 2014, if no

appeal was filed on his behalf. Plaintiff, given no other option to stop the closure and forced

eviction, filed for the appeal, and a hearing was set for September 2, 2014.

Upon receiving the hearing information from the Administrative Law Judge who was to preside

over the scheduled transfer hearing, Plaintiff realized that the remedy being sought by Plaintiff,

which was a continuation of the Justin Wallace's current placement and services, was not within

the scope and authority of the Administrative Law Judge to grant within the transfer hearing

format. Plaintiff filed a motion of clarification and or continuance with the Administrative Law

Judge and received no official or written response. An ex parte response from that official

indicated that he could only offer rulings as to the appropriateness of offered placements, but

could not stop the agency or its directors from closing the residence of Justin Wallace.

Plaintiff now alleges that the state actors listed above, in their official capacities, seek to violate

the rights of Justin Wallace, as well as his eleven other cottage mates, by stripping him of his

right to appropriate due process or legislative oversight before denying him his right to continue

living in a safe and secure environment which meets his needs. The state actors, without proper

plarming or preparation, seek to commence life changing and possibly life threatening alterations

to this severely handicapped individual's services over the objections of the Plaintiff and co-

guardian. The hurried closure and eviction actions are based not on the individual needs of the

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disabled person in the care of the state actors, but on the desire to quickly close and alienate

(sell) the current residence of the Plaintiff's ward.

RELIEF SOUGHT

Plaintiff prays that the Court will order an immediate cessation of the forced and hurried moves

which could endanger or radically alter the life of Justin Wallace, and do irreparable harm to that

disabled individual. Plaintiff alternately requests that such an order be a least temporarily put in

place until some method of due process or redress can be created to assure the safety and security

of the disabled individual in question. Plaintiff request that the state actors listed be ordered to

cease and desist in all efforts to so immediately close the residence in question until proper

legislative or judicial oversight can be allowed to study and authorize a more orderly dispensation of the matter.

Respectfully submitted by Stephen Wallace____________________ on this date

A/7L/LZ3

$998

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JS44 (Rev, 12/12) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORA'I)

I. (a) PLAINTIFFS Stephen Wallace for Justin Wallace

(b) County of Residence of First Listed Plaintiff Travis (EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

DEFENDANTS Dr. Kyle Janik, Texas Health and Human Services Commission, Chris Traylor, Deputy Commissioner, and Scoti Schalchlin Deputy Commissioner of the Department of Aging and Disabilities

County of Residence of First Listed Defendant Travis (IN US PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

AfAeYIKn4 CV 083 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff

(For Diversity Cases Only) and One Box for Defendant) I U.S. Government 3 Federal Question PTI5 DEF PTF DEF

Plaintiff (U.S. Government Not a Party) Citizen of This State X 1 I Incorporated or Principal Place 4 4 of Business In This State

2 U.S. Govermuent 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country

IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES .. 1

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 J 410 Antitrust 140 Negotiable Instrument Liability 367 Health Care! 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce

820 Copyrights & Enforcement of Judgment Slander Personal Injury 460 Deportation 151 Medicare Act 330 Federal Employers' Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations

Student Loans 340 Marine Injury Product 480 Consumer Credit (Excludes Veterans) 345 Marine Product Liability 490 Cable/Sat TV LABOR SOCIAL SECURITY

710 Fair Labor Standards 861 HIA (13950) 153 Recovery of Overpayment Liability PERSONAL PROPERTY 850 Securities/Commodities! of Veteran's Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange

160 Stockholders' Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters 196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedons of Information

362 Personal Injury - Product Liability Leave Act Act

Medical Malpractice 790 Other Labor Litigation 791 Employee Retirement

Income Security Act

896 Arbitration 899 Administrative Procedure

Act/Review or Appeal of I REAL PROPERTY CIVIL RIGhTS PRISONER PETITIONS FEDERAL TAX SUITS

210 Land Condemnation X 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of 240 Torts to Land 443 Housing! Sentence 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 530 General 290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION

1 462 Naturalization Application Employment Other: 446 Amer. w/Ditabilities - 540 Mandamus & Other 465 Other Immigration

Other 550 Civil Rights Actions 448 Education 555 Prison Condition

560 Civil Detainee - Conditions of Confinement

V. ORIGIN (Place an "X' in One Box Only) I Original 2 Removed from lJ 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict

Proceeding State Court Appellate Court Reopened Another District Lttigation

Ctte the U.S. Civtl Statute under which you are tiling (ho not cite jurisdictional statutes unless diversity): 42 USC Section 1983, 14th Amendment

VI. CAUSE OF ACTION Brief description of cause: Plaintiff is being forcibly removed from his residence of 12 years by state actors without due,

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No

VIII. RELATED CASE(S) (See instructions,) IF ANY JUDGE ___________________________DOCKET NUMBER

DATE SIGNATURE OF ATFORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT 6 AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 1:14-cv-00830-LY Document 1-1 Filed 08/29/14 Page 1 of 2

A082 (Rev. 4/90)

ORIGINAL 429537 RECEIPT FOR PAYMENT

UNITED STATES DISTRICT COURT for the

WESTERN DISTRICT at_______________________________

RECEIVED FROM 7JC 'Ao- o. 332

ACCOUNT AMOUNT Fund

2OD i4 1'JO Do 6855XX Deposit Funds 604700 Registry Funds General and Special Funds

__________

____________ ______ 508800 Immigration Fees

085000 Attorney Admission Fees 086900 Filing Fees

TOTAL L4.Jo 0 0 322340 Sale of Publications 322350 Copy Fees Case Number or Other Reference 322360 Miscellaneous Fees I_k- Ci LL 143500 Interest 322380 322386

Recoveries of Court Costs Restitution to U.S. Government \N Ct( Q e 121 000 Conscience Fund

129900 Gifts 504100 Crime Victims Fund 613300 Unclaimed Monies Jjj'Th k. t c. 510000 Civil Filing Fee () 510100 Registry Fee

Checks and drafts are accepted subject to col- lection and full credit will only be given when the - 3 ) 2 ) I '- check or draft has been accepted institution on which it was drawn. TV DATEL /2- -i 1 '201 Lfj Cash

,

/7- 201'-d

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