Johnny Partain v. State of Texas

Electronically Filed
7/30/2021 1:16 PM
EXHIBIT B Hidalgo County District Clerks
Reviewed By: Irene Caceres

CAUSE NO. C-0929-12-F

JOHNNY PARTAIN, § IN THE 332nd DISTRICT
FILED IN
Plaintiff, § 15th COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § OF 10/14/2025 3:28:48 PM
§ CHRISTOPHER A. PRINE
§ Clerk
STATE OF TEXAS, and et al. § HIDALGO COUNTY, TEXAS
Defendants. §

DEFENDANT CAMERON COUNTY’S FIRST AMENDED MOTION TO
TRANSFER VENUE, MOTION TO SEVER, ORIGINAL ANSWER, PLEA TO
THE JURISDICITON AND MOTION TO DISMISS

DEFENDANT Cameron County, files this its First Amended Motion to

Transfer Venue, Motion to Sever, Original Answer, Plea to the Jurisdiction and

Motion to Dismiss to Plaintiff Johnny Partain’s Third Amended Petition.

MOTION TO TRANSFER VENUE

1. DEFENDANT Cameron County moves that the court transfer venue to

Cameron County. A suit against a Texas county must be brought in the defendant’s

county. Therefore, the claims against Cameron County as subject to a mandatory

venue provision. See Texas Civil Practices and Remedies Code Sec. 15.015.

COUNTIES. An action against a county shall be brought in that county.

MOTION TO SEVER

2. DEFENDANT Cameron County moves that the court sever the claims

against it so that a transfer of venue to the mandatory venue may be accomplished.

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Electronically Filed
7/30/2021 1:16 PM
Hidalgo County District Clerks
Reviewed By: Irene Caceres

GENERAL DENIAL

3. DEFENDANT generally denies the allegations in Plaintiff’s Third Amended

Petition.

DEFENSES

4. DEFENDANT asserts lack of jurisdiction, sovereign immunity, governmental

immunity, official immunity, judicial immunity, and statutory immunity. The

Defendant does not waive any of its immunities.

5. DEFENDANT asks the court to dismiss Plaintiff’s suit because of lack of

jurisdiction. DEFENDANT is entitled to sovereign, and/or governmental immunity.

In Plaintiff’s Third Amended Petition Complaint there is an absence of a proper

pleading of a waiver of such immunity under law. The purpose of a plea to the

jurisdiction is to dismiss a cause of action without regard to whether the claim has

merit. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 47,554 (Tex. 2000). Where

immunity has not been waived, the trial court lacks subject matter jurisdiction. Tex.

Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 225–26 (Tex. 2004).

6. DEFENDANT raises the defense of statute of limitations.

7. DEFENDANT raises the defense of estoppel.

8. DEFENDANT raises the defense of laches.

9. DEFENDANT raises the defense of waiver.

10. DEFENDANT denies that conditions precedent to suit have been performed,

including but not limited to notice of claim.

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Electronically Filed
7/30/2021 1:16 PM
Hidalgo County District Clerks
Reviewed By: Irene Caceres

EXEMPLARY-DAMAGES CAP

11. If DEFENDANT is found liable for exemplary damages, those damages must

be capped under the Texas Damages Act, the Due Process Clause of the United

States Constitution, and the Due Course of Law provisions of the Texas

Constitution.

REQUEST FOR DISCLOSURE

12. Under Texas Rule of Civil Procedure 194, third-party DEFENDANT requests

that Plaintiff disclose, within 30 days of the service of this request, the information

or material described in Rule 194.2.

PRAYER

13. DEFENDANT asks the Court to award DEFENDANT all relief to which

third-party DEFENDANT is entitled.

Respectfully submitted,

By: /s/ Juan A. Gonzalez
Juan A. Gonzalez
Attorney in Charge
Texas State Bar No. 08129310
Southern District No. 3472
juan.gonzalez@co.cameron.tx.us

Daniel N. Lopez
Associate Counsel
Texas State Bar No. 24086699
Southern District No. 3182267
daniel.n.lopez@co.cameron.tx.us

COMMISSIONERS COURT-
CIVIL LEGAL DIVISION
1100 East Monroe Street
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Electronically Filed
7/30/2021 1:16 PM
Hidalgo County District Clerks
Reviewed By: Irene Caceres

Brownsville, Texas 78520
Telephone: (956) 550-1345
Facsimile: (956) 550-1348

CERTIFICATE OF SERVICE

I, Juan A. Gonzalez, do hereby certify that service of a true and correct copy
of the foregoing document will be electronically served upon all counsel via the
Automatic Filing System, this 30th day of July, 2021:

/s/ Juan A. Gonzalez
Juan A. Gonzalez

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