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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

PATRICIA SLACK, Individually and as the §

surviving mother of CHARLES §
ROUNDTREE, JR., BERNICE §
ROUNDTREE as the representative of the §
estate of CHARLES ROUNDTREE, JR. and §
all Statutory Beneficiaries and TAYLOR §
SINGLETON, §
Plaintiffs, §
§
VS. § CIVIL ACTION NO. 5:18-CV-1117
§
THE CITY OF SAN ANTONIO, TEXAS §
AND STEVE CASANOVA, §
Defendants. §

PLAINTIFFS' ORIGINAL COMPLAINT

COMES NOW, Patricia Slack ("Slack"), Individually and as the surviving mother of

Charles Roundtree, Jr., Bernice Roundtree, as the Representative of the estate of Charles

Roundtree, Jr. and all statutory beneficiaries, and Taylor Singleton, complaining of Defendants,

the CITY OF SAN ANTONIO, Texas, more particularly the CITY OF SAN ANTONIO Police

Department (“SPD”) and Steve Casanova (“Casanova”), and for cause would show the

Honorable Court as follows:

I. NATURE OF THE ACTION

1. This is an action brought by the Plaintiffs against The CITY OF SAN ANTONIO,

Texas and San Antonio Police Officer Steve Casanova for his use of excessive force resulting in

the death of Charles Roundtree, Jr. (“Roundtree”) and the injuries sustained by Taylor Singleton

("Singleton") and Davante Snowden ("Snowden") under the color of law in violation of their

individual rights under the Fourth Amendment of the United States Constitution and in violation

of their civil rights pursuant to 42 U.S.C. § 1983. Furthermore, Plaintiff Slack and Roundtree’s

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minor son are entitled to recover damages arising from the decedent’s wrongful death as applied

under 42 U.S.C § 1983 and all other applicable laws complaining of the various acts listed below

and for their wrongful death cause of action.

2. Plaintiffs allege that The CITY OF SAN ANTONIO and its policy makers, City

Manager, Sheryl Sculley (“Sculley”), Chief of Police, William McManus ("McManus"), the San

Antonio City Council, and Mayor of San Antonio, Ron Nirenberg ("Nirenberg") (collectively

referred herein as the "Policymakers") failed to properly supervise, screen, discipline, transfer,

counsel or otherwise control officers who are known, or who should have been known, to engage

in the use of excessive force, including those officers repeatedly accused of such acts. The

Policymakers, specifically City Manager Sculley, along with Chief of Police McManus had a

duty, but failed to implement and/or enforce policies, practices and procedures for the SPD that

respected Roundtree, Singleton and Snowden’s constitutional rights. This duty was delegated to

the San Antonio City Council who hired City Manager Sculley to carry out the actions and

policies of the council by overseeing the day-to-day operation of The CITY OF SAN

ANTONIO. Defendant The CITY OF SAN ANTONIO and its Policymakers’, specifically City

Manager Sculley and Chief of Police McManus, failure to implement the necessary policies and

the implementation of unconstitutional policies deprived Roundtree, Singleton and Snowden of

their rights under the Constitution and caused them unwarranted and excruciating physical and

mental anguish and eventually Roundtree's death. Defendant Casanova consciously disregarded

the rights of Plaintiffs, knowing that the Policymakers would approve of his actions, which Chief

of Police McManus went on the record to publicly defend Defendant Casanova despite the fact

that a thorough investigation had not been completed. For these civil rights violations and other

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causes of action discussed herein, Plaintiffs seek answers and compensation for their damages

and the wrongful death of Roundtree.

II. PARTIES

3. Plaintiff, Patricia Slack is a citizen of the United States and a resident of San

Antonio, Texas. Patricia Slack is the surviving mother of Charles Roundtree, Jr., decedent, and

brings this wrongful-death action under 42 U.S.C § 1983 and all other applicable laws

complaining of the various acts listed below.

4. Plaintiff, Bernice Roundtree is a citizen of the United States and a resident of San

Antonio, Texas. Bernice Roundtree is qualified, and acting as the Representative of the Estate of

Charles Roundtree, Jr., and brings this wrongful-death and survival action on behalf of the Estate

of Charles Roundtree, Jr. and all statutory beneficiaries as applied under 42 U.S.C § 1983 and all

other applicable laws complaining of the various acts listed below.

5. Plaintiff, Taylor Singleton is a citizen of the United States and a resident of San

Antonio, Texas and brings an individual claim for excessive force under 42 U.S.C § 1983 and all

other applicable laws complaining of the various acts listed below.

6. Defendant the CITY OF SAN ANTONIO is a municipality located in San

Antonio, Texas. The CITY OF SAN ANTONIO funds and operates the SPD, and Sculley, as

City Manager serves as the City’s chief administrator. The City Manager is responsible for

carrying out the actions and policies of the council by overseeing the day-to-day operation of the

organization. Council members also rely on the City Manager to provide them with professional

advice before they take action on a specific issue. City Manager Sculley along with Chief of

Police McManus and Mayor Nirenberg were responsible for the implementation of the police

department’s budget, policies, procedures, practices, and customs, as well as the acts and

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omissions, challenged by this suit. The CITY OF SAN ANTONIO POLICE DEPARTMENT is

also responsible for preventive, investigative, enforcement services and assuring safety for all

citizens of The CITY OF SAN ANTONIO. The CITY OF SAN ANTONIO can be served by

serving its registered agent Robert F. Greenblum at the Office of the City Attorney, 100 Military

Plaza, City Hall, Third Floor, San Antonio, TX 78205 or wherever he may be found. Additional

service is being made on Mayor Ron Nirenberg, City Hall, 100 Military Plaza, San Antonio, TX

78205 and Chief of Police, William McManus, 214 W Nueva St, San Antonio, TX.

7. Defendant Steve Casanova, upon information and belief, is a resident of San

Antonio, Texas, and at all times material herein was a police officer for The CITY OF SAN

ANTONIO. Casanova may be served at 315 South Santa Rosa, San Antonio, Texas 78207 or

wherever he may be found.

III. JURISDICTION AND VENUE

8. Jurisdiction exists in this court pursuant to 28 U.S.C. §§ 1331 and 1343 as this

action is brought under, inter alia, the Fourth Amendment of the United States Constitution and

42 U.S.C. § 1983, to redress the deprivation of rights, privileges and immunities guaranteed to

decedent Roundtree and Singleton, by constitutional and statutory provisions

9. Venue is proper in this court because the causes of action occurred within the

Western District of Texas, San Antonio Division.

IV. FACTS

10. On October 17, 2018, Roundtree, Singleton and Snowden were having

conversations, surfing the internet and listening to music in the living room of a residence they

were visiting located at 217 Roberts St., San Antonio, Texas 78207 (the “Residence”).

Roundtree, Singleton and Snowden were authorized to be at the Residence and were not

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committing any penal offenses when Defendant Casanova, without any warning, permission or a

no-knock warrant, opened the door to the Residence and shined a bright light. At no time did

Defendant Casanova identify himself as a San Antonio police officer.

11. Startled and frightened by Defendant Casanova's unauthorized attempt to enter

the Residence, Roundtree, Singleton and Snowden tried to identify who was at the door but were

unable to do so because Defendant Casanova blinded them with a bright light he shined directly

at them. Not knowing who it was at the door, Roundtree, Singleton and Snowden was moving

towards the back of the house when Defendant Casanova started to fired upon them. As a result

of Defendant Casanova's actions, Snowden was shot in the buttocks and Roundtree was struck in

the chest causing Roundtree’s painful death after suffering for a period of time without any

medical attention from Defendant Casanova. Singleton, fearing she would also be shot, suffered

extreme and severe mental and emotional distress, agony and anxiety. Singleton continues to

experience psychological trauma as result of being shot at.

12. Contrary to the reports of Chief of Police McManus, Snowden did not reach in his

waist for a gun nor did he make any gestures that would suggest he was attempting to fire a gun

at Defendant Casanova or any other person. Roundtree, Singleton and Snowden, at all times,

were unarmed. Roundtree, Singleton and Snowden did not make any threatening gestures

toward Defendant Casanova or any other person.

13. On the day Defendant Casanova shot Snowden and killed Roundtree, the decedent

was NOT committing any violent offense and in fact, the decedent, Singleton and Snowden

posed no threat of harm to Defendant Casanova or to anyone for that matter.

14. Defendant Casanova had no probable cause or reasonable suspicion to believe

that Roundtree, Singleton and Snowden were or attempting to commit a crime. Roundtree,

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Singleton and Snowden did not have a gun in their hands or on their person nor were they

attempting to cause bodily harm to Defendant Casanova or anyone else. Roundtree, Singleton

and Snowden did not posed an immediate threat to the safety of Defendant Casanova or

others, when Defendant Casanova, for no lawful reason, fatally shot Roundtree in the chest and

Snowden in the buttocks.

15. Defendant, the CITY OF SAN ANTONIO and SPD have a longstanding record of

not providing SPD officers with adequate training, adequate supervision or discipline, not

preventing excessive force and extrajudicial killings by San Antonio Police officers. The City

Manager of San Antonio had in fact delegated policy-making authority to Chief McManus,

giving him the responsibility for setting training policies and knew that there were training issues

which resulted in the killing of Roundtree and the injuries to Singleton and Snowden. As a result

of the lack of training, supervision, discipline and the official customs or policies of the SPD,

San Antonio remains at the top of the list in the state of Texas for police misconduct. Defendant

Casanova’s inadequate training was a moving force in the death of Roundtree and the injuries to

Singleton and Snowden. Despite the number of internal affairs complaints lodged against police

officers for misconduct, the SPD continues to cover-up bad acts and ratify the actions of its

police officers as it now attempts to do with this case.

16. The internal affairs section of the SPD has received hundreds of complaints

involving the use of excessive force by police officers rarely taking any disciplinary action

against the officers, including the shooting deaths of Marquise Jones and Antronie Scott. This

has resulted in a failure to supervise, discipline, counsel, or otherwise control police officers who

are known or should be known to engage in the use of excessive force. The police officers know

at the time they act that their use of excessive and/or deadly force in conscious disregard of the

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rights and safety of innocent third parties will meet with the approval of City Policymakers.

Defendant Casanova is a part of “a police code of silence wherein other officers and supervisors

habitually cover[ed] up the use of excessive force by fabricating accounts to the media and in

official reports and internal affairs investigations. This is exactly what has happened with the

shooting death of Roundtree and the injuries to Singleton and Snowden.

17. The problems in the SPD’s Internal Affairs in particular run more than policy-

deep. Internal Affairs’ gut reaction to most complaints is to protect fellow officers and to

disbelieve and attack the credibility of complainants. Individuals in San Antonio are afraid and

intimidated to report the bad acts of police officers out of the fear of being retaliated against.

The frequent use of deadly force by SAPD officers appears to establish a pattern or practice of

resorting to deadly force more often than other Texas cities of similar size. The number of officer

involved shootings in San Antonio as represented by the SAPD OIS logs for 2012, 2013, 2014,

and 2015 represent a total of sixty nine (69) officers having used deadly force against forty four

(44) suspects in a four year period. The logs represent only incidents where an officer discharged

a weapon. The logs do not include the use of other forms of deadly force by officers (for

example injuries from impact weapons or other options that result in broken bones or serious

bodily injury to suspects). Reports from the Police Executive Research Forum published in

2008, the Matrix Consulting Group published in 2010, and Morris & McDaniel Consultants also

published in 2010 further identify the problems which have not been corrected.

18. As indicated above, Defendant Casanova shot Roundtree in the chest and

Snowden in the buttocks for no lawful reasons. Despite the fact that Roundtree, Singleton and

Snowden did not have a weapon in their hands or on their person, Defendant Casanova shot first

and asked questions later, which is the custom and practice of the SPD.

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19. There is no evidence that Defendant Casanova or any third party were in

imminent danger of death or bodily harm. The SPD Drawing or Displaying Firearms policy

requires that a threat or reasonable belief that there is a threat to life or they have reasonable fear

for their own safety and/or the safety of others, exist in order to authorize an officer to draw or

display her/his firearm. Upon information and belief, SPD officers are provided with inadequate

training on the use of deadly force as demonstrated by the acts of Defendant Casanova and other

officer involved shootings.

20. The SPD did not provide adequate training to Defendant Casanova in the use

of deadly force and the use of non-deadly force.

21. The SPD did not provide adequate training to Defendant Casanova on proper

arrest, confrontation techniques and de-escalation of force.

22. The defendants knew or should have known that the training was inadequate

or nonexistent. The City of San Antonio ratified the acts of Defendant Casanova and have

continued to cover-up for him.

23. As confirmed by Singleton, Snowden posed no threat of imminent danger of

death or great bodily harm to Defendant Casanova or any other person in the immediate area.

24. At the time Defendant Casanova drew his gun, there had been no previous

interaction between the occupants of the Residence and Defendant Casanova, and at no time did

Roundtree, Singleton or Snowden do any act to justify Defendant Casanova’s use of deadly

force. The drawing of an Officer’s weapon inherently assumes that the use of force will cause

death or serious bodily injury to the suspect, and is to be applied under very narrowly defined

circumstances. In accordance with the San Antonio Police Department’s Use of Deadly Force

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procedures authorized by the Policymakers, specifically City Manager Sculley and Chief

McManus, “Officers will only use deadly force under the following circumstances:

A. When attempting to affect an arrest, officers should use verbal communications prior

to the use of non-deadly force, if possible.

B. If verbal communication has been exhausted or proven ineffective, officers are

authorized to use open/empty hands control.

C. If an open/empty hands control has been exhausted or proven ineffective; officers are

authorized to use physical force.

D. If physical force has proven ineffective or is not a reasonable option based upon the

circumstances, officers are authorized to use an intermediate weapon to affect an arrest.

25. Roundtree, Singleton and Snowden posed no risk to Defendant Casanova or any

other person. Roundtree, Singleton and Snowden had not committed a crime nor were they

actively resisting when Defendant Casanova fired upon them.

26. Defendant Casanova’s unlawful and unwarranted acts, lack of training and the

official customs or policies of the SPD caused Roundtree’s wrongful death and the injuries

suffered by Singleton and Snowden.

27. Plaintiffs would also show that at all times material hereto, Defendant Casanova

was acting under the color of law when he shot and killed Roundtree and caused the injuries to

Singleton and Snowden.

28. Plaintiffs would further show that Defendant Casanova’s actions were the result

of, or within the scope of, wrongful and reckless customs, policies, practices and/or procedures

of the SPD in regards to the use of deadly force for which the CITY OF SAN ANTONIO and the

Policymakers, specifically, City Manager Sculley and Chief McManus knew or should have

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known but never provided the requisite and proper training.

29. Moreover, no reasonably competent official would have concluded that the

actions of Defendant Casanova described herein would not violate Roundtree, Singleton and

Snowden’s constitutional rights. In other words, no reasonably prudent police officer under

similar circumstances could have believed that Defendant Casanova's conduct was justified nor

was the treatment of Roundtree, Singleton and Snowden, reasonable.

30. As a direct and proximate result of the Defendants’ conduct, Plaintiffs have

sustained substantial damages and pecuniary loss.

31. Roundtree was eighteen (18) years old when he was killed by Defendant

Casanova. He was in good health, with a reasonable life expectancy of living at least 66 more

years to age 84. Roundtree was the father of a four month old son, one of the statutory

beneficiaries.

32. Upon information and belief, the SPD has not implemented policies and

procedures to aggressively curtail deadly shooting cases that's been a major problem. Defendant

Casanova has not been terminated despite his wrongful acts. Immediately after the shooting, in

defense of Defendant Casanova and prior to conducting a complete and thorough investigation,

Chief McManus initially reported that Roundtree had reached in his waistband for a gun prior to

being shot.

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V. CAUSES OF ACTION

A. Cause of Action against Steve Casanova under 42 U.S.C. §1983 for Violation of the
Plaintiffs’ Fourth Amended Right to be free from excessive force.

33. Plaintiffs would show that the force used by Defendant Casanova was excessive,

violated Roundtree, Singleton and Snowden’s clearly established constitutional rights, and was

not objectively reasonable under the circumstances.

34. Plaintiffs would show that Roundtree was killed and Singleton and Snowden were

injured as a direct result of Defendant Casanova’s use of force that was clearly excessive and the

excessiveness of which was clearly unreasonable. That is, Defendant Casanova, without

justification and the need to do so, used excessive and deadly force as described above and killed

Roundtree without legal justification. Defendant Casanova’s use of force was clearly excessive

and clearly unreasonable because Roundtree, Singleton and Snowden never made any

threatening gestures toward Defendant Casanova and did not pose an immediate threat to the

safety of Defendant Casanova or others.

35. Defendant Casanova was not provoked when he fired multiple shots inside an

occupied home for no lawful or justifiable reason. Roundtree died as a result of the gunshot

wound to his chest, Snowden was injured and Singleton feared for her life. The excessive and

deadly force used by Defendant Casanova was not reasonable or justified, nor was it necessary

under the circumstances.

36. Defendant Casanova’s actions were not objectively reasonable because neither

Roundtree, Singleton and Snowden, nor any of the occupants of the Residence, posed an

immediate risk of serious physical harm to any officers or any other person.

37. The force used by Defendant Casanova was objectively unnecessary, excessive

and unreasonable under the circumstances, as Roundtree, Singleton and Snowden did not pose

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an immediate threat to the safety of Defendant Casanova or others and the use of such

excessive and deadly force was unnecessary. Rather, Defendant Casanova embarked on a willful,

malicious, reckless and outrageous course of conduct that was intended to cause and, in fact,

caused Roundtree, Singleton and Snowden to suffer extreme and severe mental and emotional

distress, agony and anxiety.

38. Further, Defendant Casanova’s conduct violated a clearly established

constitutional right—the right to be free from excessive force—that was established well before

Defendant Casanova shot and killed Roundtree and injured Singleton and Snowden. See, e.g.,

Reyes v. Bridgewater, 362 Fed. Appx. 403, 409 (5th Cir. 2009) (“The cases on deadly force are

clear: an officer cannot use deadly force without an immediate serious threat to himself or

others.”). More specifically, the right to be free from the use of excessive force was clearly

established under the particular circumstances presented to Oliver. See Lytle v. Bexar Cty., Tex.,

560 F.3d 404, 417–18 (5th Cir. 2009) (“It has long been clearly established that, absent any other

justification for the use of force, it is unreasonable for a police officer to use deadly force against

a fleeing felon who does not pose a sufficient threat of harm to the officer or others.”). It was

also clearly established at the time, based on three cases, that psychological injuries can be

sufficient to state a Fourth Amendment excessive force claim.1

39. As a result of these Constitutional violations to Roundtree, Singleton and

Snowden and the injuries they sustained, Plaintiffs seek compensation as set forth more

specifically in the section of this Complaint entitled “Damages.”

1
The extent of an injury is an element of an excessive force claim that must be clearly established in the second prong of the
qualified immunity analysis. The plaintiff's physical injuries in Dunn were only bruises, but she suffered substantial
psychological injuries, sufficient to demonstrate the violation of a clearly Dunn v. Denk, 79 F.3d 401, 403 (5th Cir. 1996).

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B. Cause of Actions against the City of San Antonio under 42 U.S.C. § 1983 for
violation of the Plaintiffs’ Fourth Amendment Rights.

40. The City of San Antonio is liable for all damages suffered by the Plaintiffs

pursuant to Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) and 42 U.S.C. § 1983, based on

an official policy or custom of the San Antonio Department of which the City Council, the City

Manager, the Mayor, and Chief of Police McManus all had actual or constructive knowledge that

was a moving force behind the constitutional violations alleged herein.

1. The City of San Antonio failed to train its officers on use of force and in
dealing with individuals during an entry into an occupied home.

41. Plaintiffs incorporate by reference paragraphs 1 through 40 as if fully set forth

herein. Prior to October 17, 2018, the Policymakers, specifically, City Manager Sculley and

Chief McManus knew or should have known that Defendant Casanova exhibited a pattern of

escalating encounters with the public.

42. Defendant Casanova was acting under the color of law and acting pursuant to

customs, practices and policies of the CITY OF SAN ANTONIO and the SPD in regards to the

use of deadly force as authorized and/or ratified by the Policymakers, specifically City Manager

Sculley and Chief McManus when he deprived Roundtree, Singleton and Snowden of rights and

privileges secured to them by the Fourth Amendment to the United States Constitution and by

other laws of the United States, by the city of San Antonio failing to provide proper training in

the use of deadly in violation of 42 U.S.C. § 1983 and related provisions of federal law and in

violation of the above cited constitutional provisions.

43. With respect to the claims made the basis of this lawsuit, the CITY OF SAN

ANTONIO and the SPD failed to adequately train, supervise or discipline its employees

regarding the unnecessary use of deadly force. The failure to train, supervise or discipline its

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employees in a relevant respect reflects a deliberate indifference to the CITY OF SAN

ANTONIO, SPD, City Manager Sculley and Chief McManus to the rights of the City’s

inhabitants and is actionable under 42 U.S.C. § 1983.

44. Defendant the CITY OF SAN ANTONIO, SPD and Chief McManus under the

direction of the City Council and the City Manager developed and maintained a policy of

deficient training of its police force in the use of force, including the use of deadly force in the

apprehension and the wrongful detention of individuals. The CITY OF SAN ANTONIO’s

training is designed and implemented by City Manager Sculley and Chief McManus to act in this

regard.

45. The CITY OF SAN ANTONIO, SPD, City Manager Sculley and Chief

McManus’ failure to provide adequate training to its police officers regarding the use of deadly

force and wrongful detentions reflect deliberate indifference by the Policymakers and reckless

and conscious disregard for the obvious risk that officers would use excessive or deadly force on

citizens and made the violations of Roundtree, Singleton and Snowden's constitutional rights,

including Roundtree’s death, a reasonable probability.

46. Plaintiffs would show that Defendant Casanova’s actions were the result of, or

within the scope of, wrongful and reckless customs, policies, practices and/or procedures for

which the CITY OF SAN ANTONIO, SPD, City Manager Sculley and Chief McManus knew or

should have known but never provided the requisite and proper training.

47. On information and belief, Defendant the CITY OF SAN ANTONIO, SPD, City

Manager Sculley and Chief McManus, acting through official policies, practices, and customs,

and with deliberate, callous, and conscious indifference to the constitutional rights of Roundtree,

Singleton and Snowden, failed to implement and/or enforce the policies, procedures; and

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practices necessary to provide constitutionally adequate protection and assistance to Roundtree,

Singleton and Snowden during their struggle to survive and implemented policies, procedures,

and practices which actually interfered with or prevented with or prevented Roundtree, Singleton

and Snowden from receiving the protection, assistance and care they deserved.

48. For instance, the following conduct, policies, and customs, inter alia, by

Defendants violated Roundtree, Singleton and Snowden's constitutional rights:

(a) The inadequacy of SPD'S policies, training, supervision or discipline relating to the
use of deadly force;

(b) The inadequacy of SPD's policies, training, supervision or discipline relating to the
use of non-lethal control devices and tactics;

(c) The adoption of completely subjective continuum of force policy that can be
expressly avoided and which leaves the use of deadly force exclusively to the
unchecked discretion of officers on the scene;

(d) The adoption of a policy that allows officers to use the degree of force that the officer
feels brings the situation quickly under control as per his or her individual judgment
even if that method is deadly force;

(e) Lack of training in regard to effective communication with citizens while giving them
commands and determining their compliance.

(f) Using excessive and/or deadly force against Roundtree, Singleton and Snowden
although they caused no immediate threat.

(g) Using excessive and/or deadly force against Roundtree, Singleton and Snowden while
they were seated in an occupied home;

49. In addition, Defendant CITY OF SAN ANTONIO, as applicable, failed and

refused to implement customs, policies, practices or procedures, and failed to train its personnel

adequately on the appropriate policies, practices or procedures regarding the use of deadly force

and the wrongful detention of individuals. In so doing, Defendant the CITY OF SAN ANTONIO

knew that it was acting against the clear dictates of current law, and knew that as a direct

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consequence of their deliberate decisions, the very situation that occurred -- i.e., Roundtree's

death and Singleton and Snowden’s injuries-- in all reasonable probability would occur.

50. The CITY OF SAN ANTONIO’S failure to properly train, supervise and

discipline its police officers regarding the use of force was the proximate cause of the violations

of Roundtree, Singleton and Snowden's constitutional rights including the unnecessary taking of

Roundtree’s life.

2. The City of San Antonio failed to adequately supervise or discipline its

officers for violent, aggressive, and excessive force and, in failing to do so,
ratified and encouraged the conduct of its officers, including Defendant
Casanova.

51. Plaintiffs incorporate by reference paragraphs 1 through 50 as if fully set forth

herein.

52. On Plaintiffs' governmental liability claim against the City of San Antonio for

failing to supervise and/or discipline its officers for prior violations and the resulting lack of

supervision:

a. the City of San Antonio and Chief McManus failed to adequately supervise and/or
discipline its employees in handling usual and recurring situations with which
they deal;

b. Chief McManus was deliberately indifferent to the need to supervise and/or

discipline its officers and/or employees adequately;

c. the failure to adequately supervise and/or discipline its officers proximately caused
the deprivation of Roundtree, Singleton and Snowden’s constitutional rights.

d. the City of San Antonio and Chief McManus failed to adequately supervise and/or
discipline Defendant Casanova for shooting in an occupied home for no lawful
reason, resulting in the death of Roundtree and the injuries to Singleton and
Snowden.

53. Despite having knowledge of Defendant Casanova's violation of the SPD's

policies and other best police practice as described above, the City of San Antonio, the City

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Council and Chief McManus refused to adequately discipline Defendant Casanova. The City's

Policymakers were well aware of the out of control behavior of Defendant Casanova but failed to

take any actions. The City of San Antonio’s failure to adequately supervise and/or discipline its

officers was therefore the moving force behind Plaintiffs’ damages.

VI. DAMAGES

54. Actual damages. Plaintiffs incorporate by reference paragraphs 1 through 53 as

if fully set forth herein. Defendants’ acts and/or omissions were a proximate cause and the

moving force behind the following actual damages suffered by the Plaintiffs and Defendants

should be held jointly and severally liable for the following damages:

a. Estate of Charles Roundtree, Jr. (Survival Claim).

1. Conscious pain and mental anguish suffered by Charles Roundtree, Jr.
prior to his death; and
2. Funeral and burial expenses.
3. Exemplary Damages.
b. Patricia Slack and the statutory beneficiaries (as wrongful death
beneficiaries of Charles Roundtree, Jr.).
1. Mental anguish—the emotional pain, torment, and suffering experienced
by Patricia Slack and the statutory beneficiaries because of the death of
Charles Roundtree, Jr.—that Patricia Slack and the statutory beneficiaries
sustained in the past and that they will, in reasonable probability, sustain
in the future;
2. Loss of companionship and society—the loss of the positive benefits
flowing from the love, comfort, companionship, and society that Patricia
Slack and the statutory beneficiaries would have received from Charles
Roundtree, Jr. had he lived—that Patricia Slack and the statutory
beneficiaries sustained in the past and that they will, in reasonable
probability, sustain in the future;
3. Pecuniary loss—loss of the care, maintenance, support, services, advice,
counsel, and reasonable contributions of a pecuniary value that Patricia
Slack and the statutory beneficiaries would have received from Charles
Roundtree, Jr. had he lived—that Patricia Slack and the statutory
beneficiaries sustained in the past and that they will, in reasonable
probability will sustain in the future.
c. Taylor Singleton (excessive force).
1. Singleton was in the Residence and within Defendant Casanova’s line of
fire when Casanova fatally shot Roundtree and injured Snowden.

PLAINTIFFS' ORIGINAL COMPLAINT Page 17

 Case 5:18-cv-01117-FB Document 1 Filed 10/23/18 Page 18 of 19

Singleton was traumatized and in shock and has suffered direct personal
injury in the form of mental anguish and severe emotional distress.
2. Mental anguish and emotional distress sustained as a result of Defendant
Casanova's excessive force.
3. Mental anguish and emotional distress sustained as a result of Defendant's
excessive force.

55. Punitive/Exemplary Damages against Defendant Casanova.

Punitive/exemplary damages are recoverable under section 1983 when the conduct is shown to

be motivated by evil motive or intent, or when it involves reckless or callous indifference to the

federally protected rights of others. Here, the conduct of Defendant Casanova was done with

evil motive or intent, or at the very least, was reckless or callously indifferent to the federally

protected rights of the Plaintiffs. As such, Plaintiffs request punitive and exemplary damages to

deter this type of conduct in the future.

56. Prejudgment and post judgment interest.

57. Costs of court.

58. Reasonable and necessary attorney’s fees incurred by the Plaintiffs through trial,

and reasonable and necessary attorney’s fees that may be incurred by Plaintiffs for any post-trial

proceedings, or appeal, interlocutory or otherwise, pursuant to 42 U.S.C. § 1988.

59. Plaintiffs seek unliquidated damages in an amount that is within the jurisdictional

limits of the court.

VII. CONDITIONS PRECEDENT

60. Plaintiffs reserve their rights to plead and prove the damages to which they are

entitled to at the time of trial. All conditions to Plaintiffs’ recovery have been performed or have

occurred.

VIII. TRIAL BY JURY

61. Plaintiffs have paid a jury fee and demands trial by jury.

PLAINTIFFS' ORIGINAL COMPLAINT Page 18

 Case 5:18-cv-01117-FB Document 1 Filed 10/23/18 Page 19 of 19

IX. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendants be cited to

appear and answer herein; that upon final trial hereof Plaintiffs have and recover judgment from

Defendants; actual damages, exemplary damages, pre-judgment interest at the legal rate; interest

on said judgment at the legal rate; costs of court; and such other and further relief, both general

and special, at law and in equity, to which Plaintiffs are justly entitled.

Respectfully submitted,

By: /s/ Daryl K. Washington

DARYL K. WASHINGTON
State Bar No. 24013714
WASHINGTON LAW FIRM, P.C.
325 N. St. Paul St., Suite 3950
Dallas, Texas 75201
214 880-4883
214-751-6685 - fax

ATTORNEYS FOR PLAINTIFFS

PLAINTIFFS' ORIGINAL COMPLAINT Page 19

 Case 5:18-cv-01117-FB Document 1-1 Filed 10/23/18 Page 1 of 2
JS 44 (Rev. 06/17) 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 FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Patricia Slack, as the surviving mother of Charles Roundtree, Jr. Bernice The City of San Antonio, Texas and Steve Casanova
Roundtree, as the Representative of the estate of Charles Roundtree, Jr.
and Taylor Singleton
(b) County of Residence of First Listed Plaintiff Bexar County of Residence of First Listed Defendant Bexar
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Washington Law Firm
325 N. St. Paul, Suite 3950
Dallas, TX 7520 (214) 880-4883

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)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 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) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 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 ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 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)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. § 1983
VI. CAUSE OF ACTION Brief description of cause:
This is an action brought against the Defendants for the use of excessive force.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ 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 ATTORNEY OF RECORD
10/23/2018 /s/ Daryl K. Washington
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 06/17) Case 5:18-cv-01117-FB Document 1-1 Filed 10/23/18 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.