IN THE UNITED STATES DISTRICT COURT FOR

THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION

EDGAR HANSON CIVIL ACTION NO:

Plaintiff, 

 

V.

VOLUNTEERS OF AMERICA TEXAS

Defendant.

PLAINTIFF’S ORIGINAL COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, NOW COMES EDGAR HANSON, hereinafter called Plaintiff, 

complaining of and about VOLUNTEERS OF AMERICA, TEXAS INC., hereinafter called 

Defendant or “VOA”, and for cause of action, would show unto the Court the following:

I.

PARTIES AND SERVICE

1. Plaintiff, Plaintiff, EDGAR HANSON, is an individual whose address is 4100 Main 

Street, Apt. C, Dallas, Texas 75226.

2. Defendant, VOLUNTEERS OF AMERICA TEXAS INC. (“VOA”), is an 

organization with the listed address of 300 East Midway Drive, Euless, Texas 76039 and represented 

by Christine Shippee at 1717 Main Street, Suite 3400, Dallas, Texas 75201. Actions giving rise to 

this suit occurred at the location in Hutchins, Texas, in Dallas County. 

III. JURISDICTION AND VENUE

3. Plaintiff brings this action under the ADA and Section 504, a federal statute that

confers jurisdiction on this Court. Jurisdiction is based on 28 U.S.C. §§ 1331 and 1343(a)(3)(4). The

Court also has supplemental jurisdiction over the claims brought under state law.

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4. Venue in the Northern District of Texas is proper because all or a substantial part of 

the events or omissions giving rise to this lawsuit occurred in Dallas County, which is located in this

district.

IV. FACTS

5. In May 2020, Plaintiff Edgar Hanson underwent hip replacement surgery

while incarcerated at Texarkana FCI. 

6. As a result of the surgery, Mr. Hanson was in severe pain which placed 

several limitations upon him. Specifically, Mr. Hanson had difficulty walking without pain. 

Mr. Hanson also required beds that were high enough off the ground so he would not have to 

bend down to get on the bed.

7. In June 2020, Mr. Hanson was released to home confinement. On November 

11, 2020, Mr. Hanson was asked to surrender to the custody of VOA for a violation of his 

terms of release because he had consumed a beer that afternoon.

8. At the time he surrendered, Mr. Hanson informed officials at VOA that his 

doctor had ordered that he be supplied with a bed that was high off the floor during his 

recovery. Mr. Hanson further informed officials at VOA that the bed that he was provided 

with, which was only 12-24 inches off the ground, was too low for him to safely navigate 

and the low height caused him significant pain. While at VOA, Mr. Hanson continually 

complained that his bed was too low and causing him pain.

9. Further, Mr. Hanson’s file also disclosed that Mr. Hanson’s doctor had 

ordered that he be supplied with a bed that was high off the floor during his recovery. 

Indeed, his file made clear that, instead of being placed at VOA, officials at VOA should 

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have notified the United States Marshal Service of Mr. Hanson’s violation and had him 

placed at the Federal Medical Center in Fort Worth, Texas.

10. Despite Mr. Hanson’s complaint and the notes in his files, VOA provided Mr. 

Hanson with a bed that was only a 12-24 inches off the ground, and did not provide him with a 

new bed when he made them aware of the need for the accommodation. 

11. On November 14, 2020, as a result of VOA’s failure to provide him with a bed 

of sufficient height to accommodate his disability, Mr. Hanson’s hip “popped” while trying to 

get low enough to get onto the 12-24 inch bed to go to sleep. Mr. Hanson then laid in bed all 

night in great pain all night, unable to get up and walk. The next morning, several other 

inhabitants at VOA arrived from their work detail and helped Mr. Hanson get up.

12. Mr. Hanson requested an ambulance to go to the hospital but officials at VOA

refused to call an ambulance. Mr. Hanson remained in great pain due to the refusal to call an 

ambulance. Eventually, one of the counselors at VOA informed Mr. Hanson that he could 

have his son pick him to take him to the hospital.

13. At the hospital, Mr. Hanson was diagnosed with a stress fracture of the hip. 

COUNT ONE:

VIOLATION OF THE AMERICAN WITH DISABILITIES ACT& SECTION 504 OF

THE REHABILITATION ACT AS TO INSTITUTIONAL DEFENDANTS TDCJ AND

DALLAS SHERIFF’S DEPARTMENT

14. Plaintiff hereby adopts incorporates, restates and re-alleges each of the preceding 

paragraphs.

15. Title II of the Americans With Disabilities Act (hereinafter "ADA") provides that 

no qualified individual with a disability shall, by reason of such disability, be excluded from

participation in or be denied the benefits of the services, programs, or activities of a public entity, or

be subjected to discrimination by such entity. A public entity includes any department, agency,

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special purpose district, or other instrumentality of a State, or States or Local Government.

16. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified 

individual with a “disability” shall, solely by reason of his or her disability, be excluded from the 

participation and, or be denied the benefits of, or be subjected to discrimination under any program

or activity receiving federal or financial assistance.

17. A program or activity includes all of the operations of a department, agency, 

special purpose district, or other instrumentality of a State, or of a Local Government. A disabled

Plaintiff can succeed in an action under Title II of the ADA or Section 504 of the Rehabilitation

Act if such person can demonstrate that, by reason of such person’s disability, he was either 

excluded from participation in or denied the benefits of the services, programs, or activities of a

public entity, or otherwise subjected to discrimination by such entity.

18. Defendant Volunteers of America is a recipient of federal financial assistance, and 

is therefore covered by the mandate of Section 504 & the ADA, which requires that recipients of 

federal monies reasonably accommodate persons with disabilities in their facilities, program 

activities, and services, and reasonably modify such facilities, services, and programs to 

accomplish this purpose.

19. Mr. Hanson had a hip replacement in May 2020, and suffered from severe hip 

pain as he recovered. The hip replacement and hip pain substantially limited one or more of Mr.

Hanson’s life activities, including the ability to walk and sleep, making it a recognized disability 

under the ADA. 42 U.S.C. § 12101(2). Accordingly, Mr. Hanson was entitled to protection under 

the ADA and the Rehabilitation Act.

20. At all times, VOA administrators and staff had substantial knowledge and notice of

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Mr. Hanson's disability. Despite this knowledge, VOA administrators and staff refused to 

accommodate Mr. Hanson’s disability by providing him a bed of sufficient height for him to safely 

get into, which was necessary for him to conduct ordinary life activities such as sleeping. Indeed, 

VOA provided him with a bed that was only 12-24 inches of the ground and did not arrange for 

him to be transferred to FMC Fort Worth.

21. VOA’s refusal to reasonably accommodate Plaintiff Hanson’s disabilities 

proximately caused him injury and pain.

22. Plaintiff Hanson therefore seek to recover compensatory (including but not limited 

to pain and suffering and lost wages) and punitive damages, attorney’s fees, expenses, costs and any

other relief permitted under the law as a result of the foregoing violations of the ADA and the 

Rehabilitation Act.

COUNT TWO: NEGLIGENCE

23. Plaintiff hereby incorporates by reference each of the above paragraphs by 

reference.

24. Defendant VOA owed a duty of care to Mr. Hanson.

25. Defendant VOA breached that duty of care owed to Mr. Hanson by:

• Failing to heed the orders and recommendations of Plaintiff's medical 

providers. 

• Failing to provide appropriate furnishings as a facility using ordinary care 

would have done.

• Forcing Plaintiff to sleep on a bed that was too low for him to safely use.

• Failing to provide a safe sleeping space as required.

• Failing to communicate to all relevant employees the needs of and 

accommodations required by Plaintiff.

26. As a direct and proximate result of the occurrence made the basis of this 

lawsuit, and Defendant negligent acts and conduct, as described hereinbefore, Plaintiff 

EDGAR HANSON, incurred the following damages:

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• Reasonable medical care and expenses in the past. These expenses were incurred by 

Plaintiff EDGAR HANSON for this necessary care and treatment of the injuries 

resulting from the acts complained herein and such charges are reasonable and were 

usual and customary charges for such services in DALLAS County, Texas;

• Reasonable and necessary medical care and expenses which will, in all reasonable 

probability, be incurred in the future;

• Loss of earnings in the past;

• Loss of earning capacity which will, in all probability, be incurred in the future;

• Future and past mental anguish;

• Such and other further relief to which Plaintiff may be justly entitled;

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, EDGAR HANSON, 

respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final 

hearing of the cause, judgment be entered for the Plaintiff against Defendants for damages in an 

amount within the jurisdictional limits of the Court; together with pre-judgment interest (from 

the date of injury through the date of judgment) at the maximum rate allowed by law; postjudgment 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,

/s/ Dimitri Dube

Dimitri Dube

State Bar No. 24068944 Dimitri 

Dube PC

325 N. St. Paul, Suite 2750

Dallas, TX 75201

972.975.2010 fax

dd601@nyu.edu

Dimitri Dube

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ATTORNEY FOR PLAINTIFF

/s/ Ezekiel Tyson

Ezekiel Tyson Jr.

State Bar No. 24034715

342 W. Montana Ave.

Dallas, Texas 75224

Telephone: 214-942-9000

Facsimile: 214-942-9001

Tyson@tysonpc.com

ATTORNEYS FOR PLAINTIFF

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