In the United States District Court

for the Western District of Texas

San Antonio Division

Estate of Amelia H. Macias, et al, §

Plaintiffs §

§

v. § Civil Action No. 5:20-cv-460

§

Texas Dept. of Adult Protective Serv., et al. §

Defendants. § Jury

Defendants’ Notice of Removal

Defendants Texas Department of Public Safety, Veronica Gideon, Elias Escalon, Nathan 

Mutz, and Drew Pilkington file this Notice of Removal of the above styled cause of action. 

Defendants Texas Department of Public Safety, Veronica Gideon, Elias Escalon, Nathan 

Mutz, and Drew Pilkington, remove this case pursuant to 28 U.S.C. § 1441. This case was 

originally filed in the 407th Judicial District Court of Bexar County, Texas on February 21, 2020, 

as Cause No. 2020CI03676. Defendant Texas Department of Public Safety was served March 20, 

2020. Defendant Gideon was served March 27, 2020. Defendant Escalon was served March 18, 

2020. Defendants Mutz and Pilkington were served March 21, 2020. Therefore, this removal is 

timely.

The address of the 407th Judicial District Court of Bexar County is 100 Dolorosa, San 

Antonio, Texas 78205.

Plaintiffs brought this civil action in state court against Defendants alleging the violation 

of denial of the United States Constitution. This Court has original jurisdiction over this lawsuit 

pursuant to 28 U.S.C. § 1331, as it appears on the face of Plaintiffs’ complaint that this cause of 

action arises under the Constitution and the laws of the United States. Removal is proper under 28 

U.S.C. § 1441.

Case 5:20-cv-00460 Document 1 Filed 04/13/20 Page 1 of 5
Only Defendants Texas Department of Public Safety, Veronica Gideon, Elias Escalon, 

Nathan Mutz, and Drew Pilkington have been served properly in this case at this time. This 

removal is being filed with this Court because it is in the district and division embracing the place 

where the state action is pending, Bexar County, Texas, as required by 28 U.S.C. § 1441(a). No 

motions are pending in the state court. Motions to dismiss and answers are being filed with the 

removal

Plaintiff is being served with copies of all pleadings associated with Defendants Notice of 

Removal. A copy of this notice of removal will be filed in the 407th Judicial District Court of 

Bexar County, Texas. 

Defendants advise the Court that this removal complies 28 U.S.C. § 1446. In support of 

this notice of removal, Defendants have attached all State Court filings, including the State Court 

Docket Sheet and an Index of the Filings as exhibits.

Plaintiffs are represented by Okwudili Onyekwelu, Texas Bar No. 24110867 and Damion 

Millington, Texas Bar No. 24111178, both at The Lewis Group, P.O. Box 27353, Houston, Texas 

77227, ph. 713-570-6555, fax 713-581-1017, oonyekwelu@thelewislaw.com and 

dmillington@thelewislaw.com

Defendants Texas Department of Public Safety, Veronica Gideon, Elias Escalon, Nathan 

Mutz, and Drew Pilkington are represented by Seth Byron Dennis, Assistant Attorney General, 

Texas Bar No. 00790580, and Briana Webb, Texas Bar No. 24077883, both at P.O. Box 12548,

Austin, Texas, 78711, ph. 512-463-2080, fax 512-495-9139, Seth.Dennis@oag.texas.gov and 

Briana.Webb@oag.texas.gov

Defendants respectfully pray that this cause be removed to the United States District Court 

for the Western District of Texas, San Antonio Division, pursuant to 28 U.S.C. § 1441.

Case 5:20-cv-00460 Document 1 Filed 04/13/20 Page 2 of 5
Respectfully submitted,

KEN PAXTON

Attorney General of Texas

JEFFREY C. MATEER 

First Assistant Attorney General

DARREN L. MCCARTY 

Deputy Attorney General for Civil 

Litigation

SHANNA E. MOLINARE 

Chief, Law Enforcement Defense Division

/s/ Seth Byron Dennis

SETH BYRON DENNIS

Attorney-in-Charge

Assistant Attorney General

Texas State Bar No. 00790580

Seth.dennis@oag.texas.gov

Attorney in Charge 

/s/ Briana M. Webb

BRIANA M. WEBB

Assistant Attorney General

Texas State Bar No. 24077883

Briana.webb@oag.texas.gov

Law Enforcement Defense Division

Office of the Attorney General

P. O. Box 12548, Capitol Station

Austin, Texas 78711

(512) 463-2080 / Fax No. (512) 370-9814

Attorneys for the Defendants

Case 5:20-cv-00460 Document 1 Filed 04/13/20 Page 3 of 5
Notice of Electronic Filing

I, Seth Byron Dennis, Assistant General of Texas, do hereby certify that I have 

electronically submitted for filing, a true and correct copy of the above and foregoing Defendants’ 

Notice of Removal in accordance with the Electronic Case Files System of the Western District 

of Texas, on this the 13th day of April, 2020.

/s/ Seth Byron Dennis

SETH BYRON DENNIS

Assistant Attorney General

Certificate of Service

I, Seth Byron Dennis, Assistant Attorney General of Texas, do hereby certify that a true 

and correct copy of the above and foregoing Defendants’ Notice of Removal has been served by 

email on this 13th day of April, 2020, addressed to Plaintiffs’ Counsel Okwudili Onyekwelu at 

oonyekwelu@thelewislaw.com and Damion Millington at dmillington@thelewislaw.com

/s/ Seth Byron Dennis

SETH BYRON DENNIS

Assistant Attorney General

Case 5:20-cv-00460 Document 1 Filed 04/13/20 Page 4 of 5
In the United States District Court

for the Western District of Texas

San Antonio Division

Estate of Amelia H. Macias, et al, §

Plaintiffs §

§

v. § Civil Action No. 5:20-cv-____

§

Texas Dept. of Adult Protective Serv., et al. §

Defendants. § Jury

Exhibit 1: All State Court Filings, Docket Sheet and Index of Filings 

-Plaintiffs’ Original Petition

-Citations

-Returns of Service

-Notice of Removal

-State Court Docket Sheet

Case 5:20-cv-00460 Document 1 Filed 04/13/20 Page 5 of 5