Case 3:21-cv-00067-DB Document 1-1 Filed 03/15/21 Page 1 ...

Cause No. 21-67Case 3:21-cv-00067-DB Document 1-1 Filed 03/15/21 of 31

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IN THE COUNTY/DISTRICTCOURT OF EL PASO COUNTY, TEXAS _____ JUDICIAL DISTRICT/COUNTY COURT

EDUARDO HOLGUIN § §

Plaintiff, § §

v. § CAUSE NO. 2021-DCV-________ §

YSLETA DEL SUR PUEBLO, TIGUA § TRIBAL POLICE DEPARTMENT, § ERIKA AVILA, RAUL CANDELARIA, § OFFICERS JOHN AND JANE DOE, §

§ Defendants. §

PLAINTIFF’S ORIGINAL PETITION, TRCP 193.7 NOTICE, AND DISCOVERY

REQUESTS TO DEFENDANTS

TO THE HONORABLE JUDGE OF THIS COURT:

NOW COMES, Plaintiff EDUARDO HOLGUIN (“Plaintiff Holguin”), in the above-

captioned cause of action, and complains of Defendants alleging as follows:

I. DISCOVERY CONTROL PLAN

Discovery is intended to be conducted under Level 3 of Rule 190.4 of the Texas Rules of Civil Procedure.

II. PARTIES

Plaintiff Eduardo Holguin (“Holguin”) is a Texas Resident and may be served with

process through his below-signed attorney of record.

Defendant Ysleta Del Sur Pueblo (“YDSP”) is a federally recognized tribe codified under

federal law as 101 Stat 666, and whose reservation territory is primarily situated in the County of

El Paso, State of Texas. This Defendant may be served with process at 119 S. Pueblo Dr., El

Paso, TX 79907., by serving its Governor E. Michael Silvas and/or any other member of the Tribal

Filed 2/1/2021 12:00 AM

2021DCV0333

Norma Favela BarceleauEl Paso County - County Court at Law 6

District ClerkEl Paso County

Case 3:21-cv-00067-DB Document 1-1 Filed 03/15/21 of 31

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Council.

Defendant Tigua Tribal Police Department (“TTPD”) is the law enforcement arm of the

Defendant Ysleta Del Sur Pueblo. At all times relevant to this lawsuit, all TTPD personnel acted

in the course and scope of their employment, and under color of state/tribal law.

Defendant Raul Candelaria is the Chief of Police employed by Tigua Police Department.

He acted in the course and scope of his employment, and under color of state/tribal law, at all

times mentioned herein, he may be served with process at 9241 Socorro Rd. El Paso, TX 79907

an/or wherever he may be found.

Defendant Erika Avila is an officer employed by Tigua Police Department. She acted in

the course and scope of her employment, and under color of state/tribal law, at all times

mentioned herein. She may be served with process at 9241 Socorro Rd. El Paso, TX 79907 an/or

wherever she may be found.

Plaintiff also does not presently know the true names and capacities of defendants DOE 1

through 5, inclusive, and therefore sues them by these fictitious names. Plaintiffs are informed

and believe that DOES 1 through 5, and each of them, were responsible in some manner for the

acts or omissions alleged herein. Plaintiff will seek leave to amend this Petition to add their true

names and capacities when they have been ascertained.

In doing the acts and/or omissions alleged herein, defendants and each of them acted

under color of authority and/or under color of state law, and, in concert with each other.

Defendants conspired to achieve a common goal and/or acted in concert to achieve this

goal. In doing the acts and omissions alleged herein said Defendants conspired and/or acted in

furtherance of the conspiracy to (a) unlawfully stop the Plaintiff and seize his property, (b)

deprive the Plaintiff of his property without due process and through the outrageous abuse of

police powers, and (c) retaliate against the Plaintiff.


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III. VENUE AND JURISDICTION

This Court has jurisdiction over this matter because, pursuant to 25 U.S.C.A. § 1321 et.

seq., the Defendants are subject to the criminal and civil jurisdiction of the State of Texas and

this suit arises from Defendant’s actions taken within El Paso County. The Ysleta Del Sur Pueblo

may be sued pursuant to Article 1, Section 19 of the Texas Constitution and Section 1983, Title

42 of the United States Code. Venue is appropriate in El Paso County, Texas because both

parties are in El Paso County and the events giving rise to this suit occurred in El Paso County,

Texas. Furthermore, this action arises under 42 U.S.C. § 1983 and concurrent jurisdiction is

conferred to Texas Courts.

IV. MISNOMER, ALTER-EGO

In the event any parties are misnamed or not included herein, Plaintiffs’ contend that such

was a “misnomer” and/or such parties are/were “alter egos” of parties named herein.

V. FACTUAL ALLEGATIONS

Like many El Pasoans, Eduardo Holguin (“Plaintiff Holguin”) was pulled over by the

Tiguan Tribal Police Department (“TTPD”) for an alleged traffic violation while driving on El

Paso City and Texas State roadways (“Texas roadways”) located outside the boundaries of the

Ysleta Del Sur Pueblo.

Plaintiff Holguin would be routinely forced to pull-over while driving along Socorro

Road in El Paso County, Texas by the TTPD. Prior to the incident giving rise to this lawsuit,

Plaintiff Holguin was stopped on at least four separate occasions by TTPD while driving on

Texas roadways.

On one occasion, due to a TTPD officer’s unlawful threat of force, Plaintiff Holguin


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called the El Paso Police Department’s emergency line to report being threatened with deadly

force and held against his will by TTPD officers, outside the boundaries of the Ysleta Del Sur

Pueblo. Plaintiff Holguin was informed, by the dispatcher, that TTPD was not authorized to

conduct stops, El Paso Police would be on their way if TTPD did not allow him to leave the

scene without any issue. Upon hearing that an El Paso Police Department officer would be

dispatched, Plaintiff Holguin was allowed to leave the shopping center located miles from the

Ysleta Del Sur Pueblo, on Zaragoza Road, where he was pulled over.

In addition to his own run-ins with the TTPD, Plaintiff Holguin has also witnessed

dozens of TTPD vehicle searches and seizures take place, some miles away from the reservation.

On November 28, 2018, Plaintiff Holguin was leaving the cemetery where his mother,

who had passed away days earlier, was buried. Plaintiff Holguin was driving a vehicle owned

and registered to his deceased mother westbound down Texas State Highway 258, known in El

Paso, Texas as Socorro Road.

While completely stopped at the intersection of Socorro and Zaragoza roads, Plaintiff

Holguin heard sirens, saw red and blue flashing lights and a police cruiser in his rear-view

mirror. Plaintiff Holguin stopped at a gas station to pull over his vehicle, as required by Texas

law, because he believed the vehicle belonged to the El Paso Police Department. However once

again, as Plaintiff Holguin was being pulled over by the TTPD.

After Plaintiff Holguin safely parked, TTPD Officer Jane Doe approached Plaintiff

Holguin’s driver side window, asked Plaintiff to identify himself, and provide proof of his

identity. Plaintiff Holguin, admittedly with some colorful language, refused the TTPD demand

and explained to Officer Jane Doe that he was driving on a city street intersecting with a Texas

state highway, never entered privately-owned tribal land, and that she had no authority to


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perform a pretextual investigatory stop outside the reservation. Plaintiff Holguin’s response was

partly motivated by his past experience with the TTPD and his outrage over the near daily sight

of fellow El Pasoans being pulled over on Texas roadways by TTPD outside the Ysleta Del Sur

Pueblo.

TTPD’s Officer Jane Doe became angry that her pretended authority was being

challenged by Plaintiff Holguin and began to threaten Plaintiff Holguin with arrest and forfeiture

of his vehicle if he did not identify himself. Realizing Officer Jane Doe was not amendable to

being reasonable and disinterested in upholding the Constitution, Plaintiff Holguin rolled his

window up and very slowly pulled out of the parking lot to head straight home.

About thirty (30) minutes after arriving at his home, located miles from the reservation,

several TTPD squad cars pulled up in front of his house. On information and belief, Officer Jane

Doe located Plaintiff Holguin’s residence by using the National Crime Information Center’s

(“NCIC”) database to settle her personal vendetta without a valid law enforcement purpose.

Prominently displayed outside Plaintiff Holguin’s property are several no trespassing signs.

Disregarding the posted signs, three TTPD police officers entered his property and began

peeking into the windows of the vehicles lawfully parked on his driveway. Upon seeing them

approach his front door, Plaintiff Holguin from inside his home reminded the TTPD officers that

they were trespassing on his property and welcomed them to leave immediately.

The TTPD officers refused to leave Plaintiff’s property, despite their lack of a search

warrant, probable cause, or any other legal justification. Rather than leaving, the TTPD officers

stood outside Plaintiff’s doorway. After waiting for what seemed to be nearly five hours, Officer

Jane Doe left a “Civil Infraction Citation” at his front doorstep.

Despite being at a complete stop and never entering Ysleta territory, Plaintiff Holguin


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was cited for three Class C infractions and a Class B infraction. Each of these invented

violations, moving and non-moving included, were cited as violations of the “Tribal

Transportation Code.”

On January 10, 2019, Plaintiff Holguin received a summons for the Tribal Court of the

Ysleta Del Sur Pueblo, located on trial land, and threatened with a fine for contempt of court and

entry of default judgment if he failed to appear to defend against these charges.

On January 30, 2019, Tribal Court Judge Enrique Granillo signed a temporary vehicle

impound order (the “Order”) which, in relevant part found, that Plaintiff Holguin has been found

“liable of violating a code or law of the YDSP” and was “civilly” assessed through the Tribal

Court. The Tribal Court Order, effective from the day it was signed and still active on the date

of this filing, would remain active until Plaintiff Holguin paid “all fees owed to the Ysleta Del

Sur Pueblo” and further instructed TTPD to immediately detain Plaintiff Holguin, seize any

motor vehicle he was operating “whether or not belonging to” Plaintiff Holguin. The order

further stated that the seized vehicle, whether owned by Plaintiff or not, would only be returned

once all “required impound fees” were paid.

Since issuance of that Order and due to its open-ended nature, coupled with the TTPD’s

disregard of its jurisdictional boundaries, Plaintiff Holguin suffers and will continue to suffer

injury.

VI. CAUSES OF ACTION

42 U.S.C. § 1983 – UNLAWFUL TERRY STOP AS AGAINST DEFENDANTS AVILA, CANDELARIA, AND OFFICER DOE

Defendants conspired to unlawfully and without cause, and under color of state law, stop the

Plaintiff while he was lawfully driving, off the reservation, on Socorro Road in the County of El


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Paso. The stop was done in furtherance of a conspiracy with Defendant YDSP to unlawfully stop

vehicles for the purpose of stealing cash and/or seizing vehicles.

42 U.S.C. § 1983 – UNLAWFUL TERRY STOP AS AGAINST DEFENDANTS AVILA, CANDELARIA, AND OFFICER DOE

Defendants conspired to unlawfully and without cause, and under color of tribal law, stop the

Plaintiff while he was lawfully driving, off the reservation, on Socorro Road in the County of El

Paso. The stop was done in furtherance of a conspiracy with Defendant YDSP to unlawfully stop

vehicles for the purpose of stealing cash and/or seizing vehicles.

42 U.S.C. § 1983 – UNLAWFUL SEIZURE AS AGAINST DEFENDANTS AVILA, CANDELARIA, AND OFFICER DOE

Defendants Avila, Candelaria, and Doe conspired to enter Plaintiff’s property unreasonably

and unlawfully detained the Plaintiff in his home for several hours. In furtherance of the conspiracy

said Defendants seized Plaintiff’s property – all in violation of Plaintiff’s rights under the Fourth

Amendment. This was done in furtherance of a conspiracy with Defendant TTPD and Defendant

YDSP to unlawfully detain persons and seize property under color of state law.

42 U.S.C. § 1983 – UNLAWFUL SEIZURE AS AGAINST DEFENDANTS AVILA, CANDELARIA, AND OFFICER DOE

Defendants Avila, Candelaria, and Doe conspired to enter Plaintiff’s property unreasonably

and unlawfully detained the Plaintiff in his home for several hours. In furtherance of the conspiracy

said Defendants seized Plaintiff’s property – all in violation of Plaintiff’s rights under the Fourth

Amendment. This was done in furtherance of a conspiracy with Defendant TTPD and Defendant

YDSP to unlawfully detain persons and seize property under color of tribal law.

42 U.S.C. 1983 – VIOLATION OF PROCEDURAL DUE PROCESS AS AGAINST DEFENDANTS TATUM, HUFFAKER AND HOBB


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The Plaintiff was deprived of his right to contest the confiscation of his property through a

forfeiture proceeding, or other procedure that would provide a fair hearing and due process of law.

The Defendant, in furtherance of the conspiracy, issued an open-ended Court order authorizes TTPD

to deprive Plaintiff through deprivation of procedural due process in violation of the Fourteenth

Amendment.

42 U.S.C. 1983 – VIOLATION OF SUBSTANTIVE DUE PROCESS AS AGAINST DEFENDANTS

The acts of the Defendants, in furtherance of the alleged conspiracy, shock the conscience

and constitute an outrageous abuse of police power. As a result of said acts the Plaintiff was

deprived of substantive due process in violation of the Fourteenth Amendment.

42 U.S.C. 1983 – CUSTOM AND PRACTICE AS AGAINST THE YSLETA DEL SUR PUEBLO AND THE TIGUA TRIBAL POLICE DEPARTMENT

The Ysleta Del Sur Pueblo, by and through the acts and omissions of its use of extraterritorial

police force, conducted the affairs of an enterprise through the custom and practice of making

unlawful traffic stops on Texas roadways. This custom and practice of members of the TTPD,

including Defendants Avila and Officer Due, used the unlawful stops as a pretext to unlawfully stop

and search vehicles.

This custom and practice was designed and implemented toward the goal of seizing and

confiscating personal property and vehicles. Pursuant to these customs and practices hundreds of

unlawful traffic stops were made during the past years. This custom and practice was known of and

approved by Defendant YDSP and the chain of command of the Tigua Tribal Police Department,

including its Chief Defendant Candelaria.


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VIII. JUDICIAL NOTICE

Plaintiff Holguin respectfully requests that the Court take Judicial Notice of the following

statutes Tex. Penal Code Ann. § 37.11, 25 U.S.C.A. § 1321 42 U.S.C. § 1983, et. seq., and 101 Stat

666.

VIII. GROSS NEGLIGENCE

Defendants conduct when viewed objectively from its standpoint involved the extreme

degree of risk when considering the probability and magnitude of the potential harm it created. The

Defendants’ conduct involved extreme risk and a high likelihood that others would suffer and have

suffered injury. Defendants had actual, subjective awareness of the risk involved, but proceeded with

conscious indifference to the rights, safety, and welfare of individuals, like Plaintiff Holguin in this

case. The Defendant’s conduct was intentional or performed with reckless disregard for the rights of

others and was grossly negligent. At the time of the incident, the Defendants were subjectively

aware of the high degree of risk, consciously disregarded that risk, and Plaintiff is therefore entitled

to recover exemplary damages because of Defendant’s actual subjective awareness, conscious,

willful, wanton, and intentional disregard for the rights of others. Plaintiff sues for punitive or

exemplary damages in an amount more than the minimum jurisdictional limits of this Court.

Plaintiff’s damages are sought to punish the Defendants for their grossly negligent conduct.

IX. DAMAGES

As a result of defendants conduct, plaintiff has sustained economic damages and

consequential damages. Plaintiff sustained and will continue to sustain damages to his career,

reputation, future and prospective earning capacity and wages, and prospective economic

opportunities and advantages in an amount determined according to proof. Plaintiff also suffered


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and will continue to suffer general damages including fear, anxiety, humiliation, and emotional

distress in an amount to be determined according to proof. The actions of the Defendants were

willful, wanton, reckless, malicious, oppressive and/or done with a conscious or reckless

disregard for the rights of the plaintiff, who seeks punitive and exemplary damages according to

proof. Plaintiff Holguin has retained private counsel to represent him in this matter and is entitled

to an award of attorneys’ fees.

X. ATTORNEY’S FEES

Due to Defendants conduct, Plaintiff was compelled to engage the services of an attorney

to prosecute this action. Plaintiffs are entitled to recover a reasonable sum for the necessary

services of the attorney in the preparation and trial of this action and for any appeals to the court

of appeals or the Texas Supreme Court.

XI. INTEREST

Plaintiff is also entitled to pre-judgment and post-judgment interest and costs of Court as

allowed by law.

XII. U.S. LIFE TABLES

Notice is hereby given to the Defendants that Plaintiff intends to use the U.S. Life Tables

as prepared by the Department of Health and Human Services.

XIII. JURY DEMAND

Plaintiff respectfully requests a trial by jury.

XV. TRCP RULE 193.7 NOTICE


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Plaintiff hereby give the Defendants notice that all documents exchanged in written

discovery herein shall be deemed to be self-authenticated at the time of trial.

XVI. TRCP 193.3(b) NOTICE

Pursuant to Texas Rules of Civil Procedure 193.3(b), Plaintiff requests that Defendants

identify the information and material withheld pursuant to any discovery request.

XVII. REQUESTS FOR DISCLOSURE

Plaintiff hereby requests each of the Defendants to disclose, within 50 days of service of this

request, the information and material set forth in Rule 194.1(a)-(l) of the Texas Rules of Civil

Procedure.

XVIII. REQUESTS FOR ADMISSIONS

Please take notice that pursuant to Rule 198 of the Texas Rules of Civil Procedure,

Plaintiff serves the attached requests for admissions to be propounded upon each Defendant. The

attached requests for admissions are incorporated by reference as if set forth fully at length.

Plaintiff requests that you serve the undersigned with a written answer either admitting or

denying specifically the matters hereinafter listed or setting forth in detail the reasons why you

cannot truthfully either admit or deny them. Please note that each matter is admitted unless,

within fifty (50) days after service of the request, or as designated by the court, you make and

serve or cause to be served a written answer or objection addressed to the matter as provided in

Rule 198. Further, demand is made for supplementation of your Responses to the Requests for

Admissions as required by the Texas Rules of Civil Procedure.


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XIX. INTERROGATORIES

Please take notice that pursuant to Rules 192 and 197 of the Texas Rules of Civil Procedure,

Plaintiff serves the attached interrogatories, attached hereto, to be propounded upon each of the

Defendants. The attached interrogatories are incorporated by reference as if set forth fully at length.

Each Defendant is hereby instructed to answer the following interrogatories separately, fully, in

writing under oath as required by Rule 197.2(d) of the Texas Rules of Civil Procedure. The answer

shall be served upon the undersigned counsel 50 days after service of the interrogatories. Further,

demand is made for supplementation of your answers to the interrogatories as required by the Texas

Rules of Civil Procedure.

XX. REQUESTS FOR PRODUCTION

Please take notice that pursuant to Rule 196 of the Texas Rules of Civil Procedure, each

Defendants are requested to produce and or permit the undersigned attorney to inspect, copy and

reproduce the items hereinafter designated on the Exhibits attached hereto and incorporated by

reference as if set forth fully at length. You must serve a written response to the undersigned

attorney in 50 days after service of this Request for Production with regards to the items requested

therein. Further, demand is made for supplementation of your Responses to the Request for

Production as required by the Texas Rules of Civil Procedure.

XXI. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff also prays that Defendants be cited to

appear and answer; that upon trial hereof, Plaintiff recovers:

1) For appropriate injunctive relief designed to prevent and deter future unlawful use ofextraterritorial law enforcement authority during traffic stops, by agents and


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employees of the Defendants YDSP and TTPD and other co-conspirators to be identified;

2) For appropriate injunctive relief designed to prevent and deter future threats,harassment and intimidation of the Plaintiff by the Defendants and other co-conspirators to be identified;

3) For compensatory damages according to proof;

4) For general damages according to proof;

5) For an award of punitive and exemplary damages against individual defendantsaccording to proof;

6) For costs and attorney’s fees;

7) For such other relief as the Court may deem proper.

Respectfully submitted,

By: Adam Setra Law, PLLC 701 Magoffin Ave. El Paso, Texas 79901 T: 915.845.9000 F: 915.444.5451

/s/ Adam Setra ADAM SETRA State Bar No. 24115478 [email protected]

03/15/2021


DISTRICT CLERK PLEASE ISSUE CITATIONS ON THE FOLLOWING: ______PAUPERS OATH

Document that needs Issuance: ______Sheriff

_____________________________________________________ ______RUSH

Case Number___________________________________________

Requesting Attorney: ___________________________________

Forward To: _______Attorney by email: ___________________________________________

Forward to: _______Process Server by email:________________________________________

� CITATION PERSONAL SERVICE

� CITATION BY CERTIFIED MAIL _____OUTSIDE SERIVCE _____BY DISTRICT CLERK

� CITATION NON-RESIDENT

� CITATION BY POSTING (courthouse)

� CITATION BY PUBLICATION_____El Paso Inc. _____EL Paso Times _____El Diario _____Facebook

� NOTICE TO SHOW CAUSE

� ORDER OF SALE

� PROTECTIVE ORDER

� SUBPOENA

� TRO

� WRIT OF ATTACHMENT

� WRIT OF EXECUTION Issued By:_______________________________

� WRIT OF HABEAS CORPUS Date:___________________________________

� WRIT OF POSSESSION

� OTHER ___________________________

Notes to the Clerk: Person to be Served Address for Service

Filed 2/17/2021 9:35 AM

2021DCV0333



03/15/2021


Rule 106: “-the citation shall be served by the officer delivering to each defendant, in person, a true copy of the citation with the

date of delivery endorsed thereon and with a copy of the petition attached thereto.”

THE STATE OF TEXAS

NOTICE TO DEFENDANT: “You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org”

TO: YSLETA DEL SUR PUEBLO, who may be served with process by serving its GOVERNOR E. MICHAEL SILVAS and/or any other member of the Tribal Council at 119 S PUEBLO DR., EL PASO, TX 79907 or wherever he/she may be found

Greetings:

You are hereby commanded to appear by filing a written answer to the Plaintiff’s Original Petition, TRCP 193.7

Notice, and Discovery Requests to Defendants at or before ten o’clock A.M. of the Monday next after the expiration of

twenty days after the date of service of this citation before the Honorable County Court at Law Number 6, El Paso

County, Texas, at the Court House of said County in El Paso, Texas.

Said Plaintiff’s Petition was filed in said court on this the 1st day of February, 2021, by Attorney at Law ,ADAM

SETRA, 701 Magoffin AVE EL PASO TX 79901 in this case numbered 2021DCV0333 on the docket of said court, and

styled:

EDUARDO HOLGUIN V.

YSLETA DEL SUR PUEBLO, TIGUA TRIBAL POLICE DEPARTMENT, ERIKA AVILA, RAUL CANDELARIA, OFFICERS JOHN AND JANE DOE

The nature of Plaintiff’s demand is fully shown by a true and correct copy of the Plaintiff’s Original Petition, TRCP 193.7 Notice, and Discovery Requests to Defendants accompanying this citation and made a part hereof.

The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates thereof, and make due return as the law directs.

Issued and given under my hand and seal of said Court at El Paso, Texas, on this the 18th day of February, 2021

CLERK OF THE COURT

NORMA FAVELA BARCELEAU Attest: NORMA FAVELA BARCELEAU District Clerk District Clerk El Paso County, Texas El Paso County Courthouse 500 E. San Antonio Ave, RM 103 By ____________________________________, Deputy El Paso, Texas 79901 Corina Ramirez

El Paso County, TexasDistrict ClerkNorma Favela Barceleau

Filed on February 18, 2021

Ramirez, Corina

11:23am

03/15/2021


RETURN

Came on hand on ____________ day of ________________________, 20____, at _______ o’clock ___M., and executed in _______________________________________ County, Texas, by delivering to each of the within-named defendants, in person, a true copy of this Citation, having first endorsed thereon the date of delivery, together with the accompanying true and correct copy of the Plaintiff’s Original Petition,TRCP 193.7 Notice, and Discovery Requests to Defendants at the following times and places, to-wit:

NAME DATE TIME Place, and Course and Distance MONTH DAY YEAR Hour Min. ____.M. From Court House

And not executed as to the defendant, __________________________________________________________________

_________________________________________________________________________________________________

The diligence used in finding said defendant, being ________________________________________________________

And the cause of failure to execute this process is: ________________________________________________________

And the information received as to the whereabouts of the said defendant, being ________________________________

FEES—SERVING ____ copy _____ $ ________ _____________________________________ Sheriff

________ ______________________________ County, Texas

Total __________________ $ ________ by _________________________________, Deputy

CERTIFICATE OF DELIVERY

I do hereby certify that I delivered to __________________________________, on the _____ day of ________________

20_____, at _______o’clock ___m. this copy of this instrument.

________________________________, Sheriff/Agent

_________________________________County, Texas

By ______________________________, Deputy/Agent

SUBSCRIBED AND SWORN TO BEFORE ME ON THE _______ DAY OF _______________________, 20_____.

(SEAL)

_______________________________________________

NOTARY PUBLIC, STATE OF TEXAS




THE STATE OF TEXAS


TO: TIGUA TRIBAL POLICE DEPARTMENT, who may be served with process at 9241 Socorro Rd., El Paso, TX 79907 or wherever he/she may be found

Greetings:







styled:

EDUARDO HOLGUIN V.





CLERK OF THE COURT




Ramirez, Corina

11:24am

03/15/2021


RETURN

Came on hand on ____________ day of ________________________, 20____, at _______ o’clock ___M., and executed in _______________________________________ County, Texas, by delivering to each of the within-named defendants, in person, a true copy of this Citation, having first endorsed thereon the date of delivery, together with the accompanying true and correct copy of the Plaintiff’s Original Petition, TRCP 193.7 Notice, and Discovery Requests to Defendants at the following times and places, to-wit:



_________________________________________________________________________________________________





________ ______________________________ County, Texas

Total __________________ $ ________ by _________________________________, Deputy




________________________________, Sheriff/Agent

_________________________________County, Texas

By ______________________________, Deputy/Agent


(SEAL)

_______________________________________________



THE STATE OF TE

NOTICE TO DEFENDANT: "You have been sued. You may emplo an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. o the Monday next following the expiration of ~enty days after you were served this citation and petition, a default judg ent may be taken against you. In addition to fihng a written answer with the clerk, you may be required to make initial di losures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file our answer with the clerk. Find out more at Tex,slawHelp.org•

TO: YSL,ETA DEL SUR PUEBLO, who may be served with process bys rvlng its GOVERNOR E. MICHAEL SILVAS and/or any other member of the Tribal Council at 119 S PUEBLO DR., PASO, TX 79907 or wherever he/she may be found

Greetings:

You are hereby commanded to appear by filing a written answer to he Plaintiff's Orlglnal Petition, TRCP 193.7

Notice, and Discovery Requests to Defendants at or before ten o'clock .M. of the Monday next after the expiration of

twenty days after the date of service of this citation before the Honorabl, County Court at Law Number 6, El Paso


Said Plaintiff's Petition was filed in said court on this the 1st day February, 2021, by Attorney at Law ,ADAM

SETRA, 701 Magoffin AVE EL PASO TX 79901 in this case numbered 2, 21DCV0333 on the docket of said court, and

styl~:

EDUARDO HOLGUIN ·V.

YSLETA DEL SUR PUEBLO, TIGUA TRIBAL POLICE DEPARTME , ERIKA AVILA, RAUL CANDELARIA, 'OFFICERS JOHN AND JANE E

The nature of Plaintiff's demand is fully shown by a true and co ct copy of the Plaintiffs Original Petition, TRCP 193:7 Notice, arid Discovery Req~ests to Defendants accompany g this citation.and made a part hereof.

The officer executing this writ shall promptly serve the same accor • ng to requirements of law, and the mandates thereof, and make due return as the law directs.

Issued and given under my hand and seal of said Court at El Paso, exas, on this the 18th day of February, 2021

CLERK OF THE COURT

NORMA f AVELA BARCELEAU District Clerk El Paso County Courthouse 500 E. San Antonio Ave, RM 103 El _Paso, Texas 79901

Attest: NO A FAVELA BAR ELEAU District Clerk El Paso Coqnty, Texas

By ___ -l-.:.:!.::::!::~.;...::...,...._£,~- -' Deputy

Rule 106: • -the dtaUon ahal be served by the officer delivering to each defendant, in person, a e copy of the citation with Iha

date of delivery endorsed thereon and with a copy or Iha petition attached thereto.

Filed 2/26/2021 10:17 AM

2021DCV0333




RETURN

Came on hand on i ~fh day of ~ ,..uc....-i.i11 , 20 , I , at 3 ·. 0 ""ii o'clock .£._M., and executed in EI Pa so Co ty, Texas, by deliv ·ng to each of the withirl-named defendants, in person, a trl.!e copy of this Citation, having first endorsed thereon the dat' of delivery, tqgether with the accompanying true and correct copy of the Plaintiff's Original Petition, TRCP 193.7 Notl , and Discovery Requests to Defendants at the following times and places, to-wit

NAME DATE Pia an n ' H DAY Y

J ,

-J....L.l..!l,lj~~-QL.I..L-l--------_j..------1---1----- -----

And not executed as to the defendant, ---------------'1----------------

. The diligence used in finding said defendant, being ---------3----------------And the cause of failure to execute this process is: ---------1----------------And the information received as to the whereabouts of the said defendant, b · g _____________ _

FE~S-SERVING __ copy __ $ __ __ ---------,111----------- Sheriff ------------+ County, Texas

To~ ________ $ ___ _ by ______ ______ _.Deputy

CERTIFICATE OF DELIVER ' I do ~ereby certify that I delivered to L.-f • A~ 'To"'~~ T6L-.I Ctiv · I on the 2:biJ.day of ~ e:qj 2021_. at 3: 3o o'dock-(Lm. this copy of this instrument

Prou.: , Se_ I 9:-8.i.. PGL'So County, Texas

SDBSCRIBBD AND SWORlf TO BEFORE IIJt OK THE )_ 'f .W,.. DAY OF ------ilt-----1----> 20 2..( •

(SEAL)

NORACELI ROC>ARTE Notary ID 1131064015

My Commission l:xpira March 28, 2021

03/15/2021


THE STATE OF TE . S

NOTICE TO DEFENDANT: "You have been sued. You may empl an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. the Monday next following the expiration of twenty days after you were served this citation and petition, a default jud ent may be taken against you. In addition to filing a written answer with the clerk, you may be required to make Initial di closures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexaslawHelp.org•

TO: TIGUA TRIBAL POLICE DEPARTMENT, who may be served with ocess at 9241 Socorro Rd., El Paso, TX 79907 or wherever he/she may be found

Gr~tings:

You are hereby commanded to appear by filing a written answer t , the Plaintiffs Original Petition, TRCP 193.7

Notice, and Discovery Requests to Defendants at or before ten o'clock M. of the Monday next after the expiration of

twenty days after the date of service of this citation before the Honora County Court at Law Number 6, El Paso


Said Plaintiff's Petition was filed In said court on this the 1st day f February, 2021, by Attorney at Law ,ADAM


sfyled:

EDUARDO HOLGUIN ·V.

YSLETA DEL SUR PUEBLO, TIGUA TRIBAL POLICE DEPARTME T, ERIKA AVILA, RAUL CANDELARIA, • OFFICERS JOHN AND JANE OE '

The nature of Plaintiff's demand.( Is fully shown by a true and c ct copy of the Plaintiffs Original Petition, TRCP 193~7 Notice, and Discovery Requests to Defendants accompan ing-this citation and made a part hereof.

The officer executing this writ sh~II promptly serve the same acco ing to requirements of law, and the mandates thereof, and make due return as the law directs.

Issued and given under my hand.and seal of said Court at El Paso Texas, on this the 18th day of February, 2021

CLERK OF THE COURT

NORMA FAVELA BARCELEAU District Clerk El Paso County Courthouse 500 E. San Antonio Ave, RM 103 El Paso, Texas 79901

Attest: NO MA FAVELA BARCELEAU District Clerk ,El Paso:County, Texas

By __ ~~-,,.......,,--,,.---,-::::;_ __ _,Deputy

Rule 106: "-lhe citaUcnshall be SBNed, by the officer delivering to eadl defendant, · 1n person, true copy of the c;ltatlon with the

date or deBvery endorsed thereon and wllh a copy of !he petition attached thereto

Filed 2/26/2021 10:16 AM

2021DCV0333




RETURN

Came on hand on l C\±h day of ::fe.bt:v~ , 2 • , at 3: o, o'clock ..g_M., and executed in c:;·1 PA'i:.o Co nty, Texas, by delJ ering to each of the within-named defendants, in person, a true copy of this Citation, having first _endorsed thereon the d · e of delivery, together with the accompanying true and correct copy of the Plaintiff's Origlnal Petition, TRCP 193.7 No ice, and Discovery Requests to Defendants at the following times and places, to-wit:

NAME DATE MONTH DAY YEAR

_ - 27-- Z.Oz.l

Place, and Course and Distance From Court House

SoL orrr:,

And not executed as to the defendant, -------- -----1----------------

The diligence used in finding said defendant, being - - ----- ---,41-- --------------And the cause of failure to execute this process is: --------1-- --------------AndAhe information received as to the whereabouts of the said defendant, eing _____________ _

FEES-SERVING __ copy __ $ __ _ ____ ,......;1----- -------Sheriff

----- - ------1-- County, Texas Total _ _______ $ ___ _ by ______ ________ , Deputy

CERTIFICATE OF OELLVE Y I d~ hereby certify that I delivered to ..tl!l.1.-'J~s.J<~~~+.L..!..J.!;l~ a....1..=~,=:i:., n the '2~ay of ~""~ 20.2.,L, at 3". I 8 o'clock fZ-m, this copy of this instrument.

---l-,,,---- -=:c...;::;....-c-.,,...--county, Texas

SUBSCRIBED AND SWORN TO BEFORE ME ON THE 2'-f-#. DAY OF -'-il=.!...::.=:.::..'-4---' 20 '2--1 •

. , ' (SEAL)

NORACELl RODARTE Notary ID 1131064015 My Commi_sslon Expires

March 28, 2021

03/15/2021


THE STATE OF TEXA

NOTICE TO DEFENDANT: "You have been sued. You may emplo an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. o the Monday next following the expiration of twenty days after you were served this citation and petition, a default judg . ent may be taken against you. In addition to filing a written answer with the clerk, you rriay be required to make Initial dis losures to the, other partles of this suit. These disclosures generally must be made no later than 30 days after you file our answer with the clerk. Find out more at TexasLawHelp.org"

TQ: RAUL CANDELARIA, who may be served with process at 9241 Soc rro Rd., El Paso, TX 79907 or wherever he7she may be found

Greetings:

You are hereby commanded to appear by filing a written answer to he Plaintiff's Original Petition, TRCP 193.7

Notice, and Discovery Requests to Defendants at or before ten o'clock .M. of the Monday next after the expiration of

twenty days after the date of service of this citation before the Honorabl County Co1.1rt at Law Number 6, El Paso

Couhty, Texas, at the Court House of said County in El Paso, Texas.

Said Plaintiffs Petition was filed In said court on this the 1st day · f February, 2021, by Attorney at Law ,ADAM

SETRA, 701 Magoffin AVE •EL PASO TX 79901 in this case numbered 21DCV0333 on the docket of said court, and

styled: EDUARDO HOLGUIN

. . V. . VSLETA DEL SUR PUEBLO, TJGUA TRIBAL POLICE DEPARTME T, ERIKA AVILA, RAUL CANDELARIA,

OFFICERS JOHN AND JANE · OE

The nature of Plaintiffs demand is fully shown by a true and co ect copy of the Plalntlff's Original Petition, TRCP 193.7 Notice, and Discovery Requests to Defendants accompan ng this citation and made a part hereof.

The officer executing this writ shall promptly serve the same acco , ing to requirements of law, and the mandates thereof, and make due return as the law directs.

Issued and given under my hand and seal of said Court at El Paso Texas, on this the 18th day of February, 2021

CLERK OF THE COURT

NORMA FAVELA BARCELEAU District Clerk El- Paso County Courthouse 500 E. San Antonio Ave, RM 103 El Paso, Texas 79901

. Attest: . NO MA FAVELA BARCELEAU District Clerk El Pasop ounty, Texas

(.~~ By __ ---:::ja:::,:.~ ---~ £/~ -· _ _, Deputy

Corina ~amirez

Rule 106: "-the citation shall be served by the officer delivering to eacli defendant, in person. ·11\Je copy of the citation with the

dale of delivery endorsed thereon and with a copy or the petition attached there!

Filed 2/26/2021 10:13 AM

2021DCV0333




RETURN

Came on hand on l 9.¼ d~ of 1=e.-bN~~ . 20 ' l, at 3: Or o'clock ~M., and executed in $ Ects.o Coun~exas. by deliv ing to each of the within-named defendants, in person. a true copy of this Citation. having first endorsed thereon the dat of delivery, together with the accompanying true and correct copy of the Plaintiffs Original Petition, TRCP 193.7 Noti e, and Discovery Requests to Defendants at the following times and places, to-wit:

NAME

And not executed as to the defendant, -------------'1----------------

Th~ diligence used in finding said defendant. being -----------ll----- ---------- -And the cause of failure to execute this process is: ________ .,__ _____________ _ And the information received as to the whereabouts of the said defendant, ing ____________ _

FEES-SERVING __ copy _ __ $---,----,-_ ___________ county.Texas

Total ________ $ __ _ by ____ ---ll1---------' Deputy

CERTIFICATE OF DELI I do hereby certify that I delivered to ~=~=~a..~'1..:;' "-:::..::(d-;:.:....q..:..,z,.::....:((..:..f ...:::.::=;a:..:::..• on the 2Z.rJ day of t<.bn1~ 20~ at 3: I fJ o'dock --.p-m, this copy of this instrument.

-----,"1,t---_.i,,,...:::.:,~_:..:==-;=---County, Texas

SUBSCRIBED AND SWORN TO BEFORE ME OR THE .24¼ DAY Oll' __;;a=.:::.J...~::L!.4--• 202-1 •

(SEAL) ·

01S xplres 1

NOTARYPVBLIC STAffOF~

03/15/2021


THE STATE OF TE S

. NOTICE T~ DEFENDANT: "You have been sued. You may emplo an attorney. 1r you or your attorney do not file a wntten answer with the clerk who issued this citation by 10:00 a.m. o the Monday inext following the expiration of twenty days after you were served this citation and petition, a default judg ent may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial di losures to the other parties of this suit. These disclosures generally must be made no I.ater than 30 days after you file our answer With the clerk. Find out more at TexasLawHelp.org"

TO: ERIKA A VILA, who may be served with process at 92-41 Socorro R ., El Paso, TX 79907 or wherever he/she may be found

Greetings:

You are hereby commanded to appear by filing a written answer t e Plaintiff's Original Petition, TRCP 193.7

Notice, and Discovery Requests to Defendants at or before ten o'clock .M. of the M~day next after the expiration of

twenty days after the date of service of this citation before the Honorabl County Court at Law Number 6, El Paso

County, Texas, at the Court House of said:County in El Paso, Texas.

Said Plaintiff's Petition was filed in said court on this the 1st day f February, 2021, by Attorney at Law ,ADAM

SEiJ"RA, 701 Magoffin AVE EL PASO TX 79901 in this case numbered 21DCV0333 on the docket of said court, and

styled:

EDUARDO HOLGUIN v.

YSLETA DEL SUR PUEBLO, TIGUA TRIBAL POLICE DEPARTME , ERIKA AVILA, RAUL CANDELARIA, !OFFICERS JOHN AND JANE E

The nature of Plaintiffs demand is fuUy shown by a true and co ct copy of the Plalntlff's Original Petition, TRCP 193.7 Notice, and Discovery Requests to Defendants accompan g this citation and made a part hereof.

The officer executing this writ shaU promptly serve the same accor ing to requirements of law, and the mandates thereof, and make due return as the law directs.

Issued and given under my hand and seal of said Court at El Paso, exes, on this the 18th day of February, 2021

CLERK OF THE COURT

' NORMA FAVELA BARCELEAU District Clerk El Paso County Courthouse 500 E. San Antonio Ave, RM 103 El Paso, Texas 79901

Attest: -~:!.!.I~:..:...:;=-==-=-=~===;:-'-"-- District Clerk

Rule 106: "•the citation shall be served by the officer dellverfng to each defendant, In ~~on, a rue copy of the citation with the

date of delivery endorsed thereon and wilh a copy of the petition attached thereto.

Filed 2/26/2021 10:15 AM

2021DCV0333




RETURN

Came on hand on f Cj-f-'-' day of 'l<bQJ~ , 2 2..l , at 3~07 o'clock LM., and executed in el Pa so Coty, Texas, by del ering to each of the within-named defendants, in person, a true copy of this Citation, having first endorsed thereon the d te of delivery, together with the accompanying true and correct copy of the Plaintiffs Original Petition, TRCP 193.7 N ice, and Discovery Requests to Defendants at the following times and places, to-wit:

NAME DATE MONTH DAY

ilo. o:u-Place, and Course and Diltanoe

.M. 1 From Court Hou&e

; ' I

' . i : · And not executed as to the defendant,-----------+ --------------

The diligence used in finding said defendant, being-------+ --------------And the ca.use of failure to execute this pr~ss is: --------1---------------And the information received as to the whereabouts of the .said defendant, eing ____________ _

l FEES-SERVING __ copy --i,_ $ __ ___,, -,-----,------l!'e'---------- Sheriff

_____________ county, Texas Total $ -------;--- by ____ --t--------• Deputy

CERTIFICATE _OF OELIVf; I do hereby certify that I delivered to fnk.e..Avtld. <\2l{ I So£.On-o 202.L_, 3 ; I '3 o'clock .p_m. this copy of this instrument .

, onthezz,Jdayof ~..,,Nj

. . .

SUBSCRIBED AND SWORII TO BEFORB Ol'f THE~ ~Y.O_F --'-F"--'-'-'----:t,-----> 20~.

(SEAL)

NORACELI RODARTE Notary ID ll13106401S My Commission Eiplres

March 28, 2021

03/15/2021




THE STATE OF TEXAS


TO: RAUL CANDELARIA, who may be served with process at 9241 Socorro Rd., El Paso, TX 79907 or wherever he/she may be found

Greetings:







styled:

EDUARDO HOLGUIN V.





CLERK OF THE COURT




Ramirez, Corina

11:24am

03/15/2021


RETURN




_________________________________________________________________________________________________





________ ______________________________ County, Texas

Total __________________ $ ________ by _________________________________, Deputy




________________________________, Sheriff/Agent

_________________________________County, Texas

By ______________________________, Deputy/Agent


(SEAL)

_______________________________________________





THE STATE OF TEXAS


TO: ERIKA AVILA, who may be served with process at 9241 Socorro Rd., El Paso, TX 79907 or wherever he/she may be found

Greetings:







styled:

EDUARDO HOLGUIN V.





CLERK OF THE COURT




Ramirez, Corina

11:25am

03/15/2021


RETURN




_________________________________________________________________________________________________





________ ______________________________ County, Texas

Total __________________ $ ________ by _________________________________, Deputy




________________________________, Sheriff/Agent

_________________________________County, Texas

By ______________________________, Deputy/Agent


(SEAL)

_______________________________________________



Case 3:21-cv-00067-DB Document 1-1 Filed 03/15/21 Page 1 ...

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Transcript of Case 3:21-cv-00067-DB Document 1-1 Filed 03/15/21 Page 1 ...