Filed: 10/7/2020 12:04 PM

JOHN D. KINARD - District Clerk

Galveston County, Texas
Envelope No. 46963920
By: Shailja Dixit
10/7/2020 12:26 PM

CAUSE NO.20-CV-1428
_________

DONALD NEELY § IN THE DISTRICT COURT

Plaintiff §
§Galveston County - 405th District Court
V. § _________ JUDICIAL DISTRICT
§
CITY OF GALVESTON & CITY OF §
GALVESTON POLICE DEPARTMENT §
§
Defendants. § OF GALVESTON COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Donald Neely, hereinafter called Plaintiff, complaining of and about City

of Galveston and City of Galveston Police Department, hereinafter called Defendants, and for

cause of action shows unto the Court the following:

DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff intends that discovery be conducted under Discovery Level 2.

PARTIES AND SERVICE

2. Plaintiff, Donald Neely, is an Individual whose address is 10600 Southdown

Trace Trail #610, Houston, Texas 77034.

3. Donald Neely has not been issued a driver's license. The last three numbers of

Donald Neely's social security number are 590.

4. Defendant City of Galveston, an entity, may be served with process by serving

Jim Yarbrough, Mayor of said entity, at 823 Rosenberg, Galveston, Texas 77553.

5. Defendant City of Galveston Police Department, an entity, may be served with

process by serving Vernon Hulu, Police Chief of said entity, at 601 54th Street, Galveston Texas

77551.

Status Conference - 01/07/2021

 JURISDICTION AND VENUE

6. The subject matter in controversy is within the jurisdictional limits of this court.

7. Plaintiff seeks:

a. monetary relief over $1,000,000.00

8. This court has jurisdiction over the parties because Defendants are Texas entities.

9. Venue in Galveston County is proper in this cause under Section 15.002(a)(1) of

the Texas Civil Practice and Remedies Code because all or a substantial part of the events or

omissions giving rise to this lawsuit occurred in this county.

FACTS

10. On August 3, 2019 at approximately 4:15pm, Donald Neely was seen by

Galveston County Police Officer P. Brosch #541 at a US Post Office located at 601 23rd St,

Galveston, Tx 77550.

11. According to Officer Brosch, Neely had been advised multiple times to not be on

the property and he has harassed multiple employees on the property.

12. According to Officer Brosch, he had knowledge that Neely had a Criminal

Trespass at 601 23rd Street and Neely had been arrested at the location before.

14. Officer Brosch made contact with Neely and then arrested him for Criminal

Trespass.

15. Officer Brosch was assisted by Officer Amanda Lohmann. Both were mounted

on horses.

16. The officers contacted transport to take Neely to Galveston County Jail.

Transport was unable to assist.

17. Officer Brosch, as directed by Supervisor D.P. Erickson, then began preparing to
transport Neely to the Galveston County Jail by handcuffing Neely and attaching a rope to the

handcuffs.

18. Officers Brosch and Lohmann then lead Neely by rope and with both Officers

mounted on horses, for approximately five blocks down Market Street in Galveston, Texas to the

location where the horse trailers were. They were to meet transport there.

NEELY'S CLAIM FOR ASSAULT - OFFENSIVE PHYSICAL CONTACT

Neely would show:

15. The defendants acted intentionally or knowingly: Brosch and Lohman handcuffed

Neely, tied a rope to the handcuffs and lead him down Market Street in Galveston, Texas, while

riding their horses;

16. The defendant made contact with Neely’s person: Brosch and Lohman handcuffed

Neely, tied a rope to the handcuffs and led him – by mounted officers – down Market Street;

17. The defendants knew or reasonably should have believed that Neely would regard

the contact as offensive or provocative; Brosch, Lohman and Erickson knew or should have

believed that Neely – being a black man – being led with a rope and by mounted officers down a

city street as though he was a slave, would find this contact offensive.

18. The defendants contact caused injury to Neely; Neely suffered from handcuff

abrasions, suffered from the heat, and suffered from embarrassment, humiliation and fear as he

was led by rope and mounted officers down the city street.

NEELY'S CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Neely would show:

19. That Neely is a person;

20. The defendants acted intentionally or recklessly: Brosch, Lohman and Erickson
acted intentionally or recklessly in handcuffing Neely, tying a rope to the handcuffs, and leading

him down Market street on a hot August day, while riding their horses;

21. The emotional distress suffered by Neely was severe; Neely suffered from

embarrassment, humiliation and fear and he led down the street. Many individuals stopped,

stared and asked questions. Neely felt as though he was put on display as the slaves once were.

He suffered from fear because one of the horses was acting dangerously putting Neely in fear of

being drug down the street by a run-away-horse.

22. The defendants conduct was extreme and outrageous: Brosch, Lohman and

Erickson’s conduct of handcuffing Neely, tying a rope to the handcuffs, and leading him down

Market street while riding their horses was both extreme and outrageous;

23. The defendants conduct proximately caused Neely’s emotional distress; and

24. No alternative cause of action would provide a remedy for the severe emotional

distress caused by defendants.

DONALD NEELY'S CLAIM FOR MALICIOUS PROSECUTION

Neely would show:

25. That a criminal prosecution was commenced against Neely: Neely was arrested

and charged with Criminal Trespass. An Information was filed naming Brosch as the

complaining witness;

26. That the defendant initiated or procured the prosecution: An Information was filed

naming Brosch as the complaining witness;

27. The prosecution was terminated in Neely’s favor: The case was dismissed;

28. That Neely was innocent of the charge: The location of the alleged offense was a

US Post Office. The charge was Criminal Trespass – an impossibility at a US Post Office.
 29. The defendant did not have probable cause to initiate or procure the prosecution;

30. The defendant acted with malice; and

31. Neely suffered damages as a result of the prosecution.

DONALD NEELY'S CLAIM FOR NEGLIGENCE

Neely would show:

32. The defendants owed a legal duty to Neely: The officers had a duty to keep Neely

safe before and during his arrest;

33. The defendants breached that duty: The officers breached that duty when they

falsely arrested Neely, tied him to a rope and led him down the street, in the heat, by horseback;

and

34. The breach proximately caused Neely’s injuries: The officers, in breaching their

duty to Neely as stated above, caused Neely’s injuries.

DAMAGES FOR PLAINTIFF, DONALD NEELY

35. As a direct and proximate result of the occurrence made the basis of this lawsuit,

Plaintiff, Donald Neely, was caused to suffer physically and emotionally, and to incur the

following damages:

A. Mental anguish in the past; and

B. Mental anguish in the future

JURY DEMAND

36. Neely demands a jury trial and tenders the appropriate fee with this petition.

REQUEST FOR DISCLOSURE

37. Under Texas Rule of Civil Procedure 194, Neely requests that the defendants

disclose, within 50 days of the service of this request, the information or material
 described in Rule 194.2.

OBJECTION TO ASSOCIATE JUDGE

39. Neely objects to the referral of this case to an associate judge for hearing a trial on

the merits or presiding at a jury trial.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, Donald Neely, respectfully

prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of

the cause, judgment be entered for the Plaintiff against Defendants, jointly and severally, for

damages in an amount within the jurisdictional limits of the Court; together with pre-judgment

interest at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of

court; and such other and further relief to which the Plaintiff may be entitled at law or in equity.

Respectfully submitted,

KETTERMAN LAW, PC

By:
JULIE A. KETTERMAN
Texas Bar No. 24013722
Email: service@kettermanlawpc.com
PO Box 359
PEARLAND, TX 77588
Tel. 7137252817
julie@kettermanlawpc.com
Attorney for Plaintiff Donald Neely

PLAINTIFF HEREBY DEMANDS TRIAL BY JURY