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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS OCT 12 2023

BEAUMONT DIVISION

BY

deputy

MARINA NAOMI HERNANDEZ § ~~~

QUIROZ, individually and as attorney §

in fact for MADELYN MARINA § • i 7

QUIROZ, § CAUSE NO.: / Ad / J

§ JURY DEMANDED

§

PLAINTIFF(s) §

VS. §

§

§

CITY OF DAYTON, TEXAS, §

CAROLINE WADZECK, THEO §

MELANCON, ROBERT VINE, JOHN §

D. COLEMAN, TERRI HUGHES, §

KRISTEN SEIBERT, CITY OF §

DAYTON FIRE DEPARTMENT, §

MURPHY GREEN, LIBERTY §

COUNTY DISTRICT ATTORNEY §

JENNIFER BERGMAN HARKNESS, §

LIBERTY COUNTY ATTORNEY §

MATTHEW POSTON, MATTHEW §

SALDANA, CITY OF LIBERTY, §

TEXAS, KATELYN GRIMES, §

ALLEGIANCE MOBILE HEALTH §

MEDICAL SERVICE, STEVE SMITH, §

RAMJI LAW GROUP, ADAM RAMJI, §

JAMEY WAYNE BICE a.k.a. §

JAIME/JAMES & JAMEY BICE, §

STEPHANIE LEE BLUM BICE, §

MORGAN SKYE WHITE, EDUARDO §

HERNANDEZ, NISSAN NORTH §

AMERICA a.k.a. NISSAN MOTOR §

CORPORATION, UNION PACIFIC §

RAILROAD COMPANY. §

Case 1:23-cv-00273-MAC-ZJH Document 4 Filed 10/12/23 Page 1 of 64 PageID #: 47
PLAINTIFF S FIRST AMENDED COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

Madelyn Marina Quiroz, and Marina Naomi Hernandez Quiroz,

individually, and as Attorney in Fact (Madelyn s mother) ( Plaintiffs ) and files

this Plaintiff’s First Amended Complaint against the above-entitled and following

Defendants ( Defendants ) City of Dayton, Texas, City of Dayton Former Mayor

Caroline Wadzeck, City of Dayton Former City Manager Theo Melancon, City of

Dayton Deputy Former City Manager/Former Dayton Police Chief Robert Vine,

City of Dayton Former Police Captain John D. Coleman, City of Dayton Former

Police Criminal Investigation Division Lieutenant Terri Hughes, City of Dayton

Police Sergeant Kristen Seibert, City of Dayton Volunteer Fire Department, City of

Dayton Volunteer Fire Department Former Chief Murphy Green, Liberty County

District Attorney Jennifer Bergman Harkness, Liberty County Attorney Matthew

Poston, Liberty County Assistant Attorney/Prosecutor Matthew Saldana and the

City of Liberty Fire Department Emergency Medical Service, the City of Liberty

Fire Department Emergency Medical Service Paramedic Katelyn Grimes,

Allegiance Mobile Health Emergency Medical Service, and Allegiance Mobile

Health Medical Service Paramedic Steve Smith, and Ramji Law Group a.k.a.

Adam Ramji acting under color of law, Jamey Wayne Bice a.k.a. Jamie/James &

Case 1:23-cv-00273-MAC-ZJH Document 4 Filed 10/12/23 Page 2 of 64 PageID #: 48
Jamey Bice, Stephanie Lee Blum Bice, Morgan Skye White, Eduardo Hernandez,

Nissan North America a.k.a. Nissan Motor Corporation and Union Pacific Railroad

Company in support thereof show as follows:

I. PARTIES

1 • Plaintiff, Madelyn Marina Quiroz, Hispanic female is an individual resident

of Liberty County, Texas who was sixteen (16) years old on the date of the motor

vehicle collision incident in question on January 23, 2020. Madelyn became 18

years of age on July 18, 2021. The statute of limitation began to run on July 18,

2021. This suit is timely filed within two years of Madelyn reaching the age of

majority.

2. Plaintiff, Marina Naomi Hernandez Quiroz Hispanic female, is an individual

resident of Liberty County, Texas.

3. Defendant, City of Dayton is a municipality located in Texas. Through its

City Secretary, may be served with summons at City Hall, 117 Cook Street,

Dayton Texas 77535 or wherever she may be found and she was acting under

color of law

4. The City of Dayton was untruthful to the Attorney General, Ken Paxton s office

and to Mrs. Quiroz. The City of Dayton was in possession of the body camera

footage when requesting the Attorney General’s opinion. They Failed the public

and victim, Madelyn Quiroz, a minor.

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5. The City of Dayton denied the proper hold of the wrecked 2014 Nissan Maxima

for Investigational purposes and for defective product liability.

6. The City of Dayton Police Department failed to conduct a complete preliminary

scene investigation.

a. They failed to assign subject matter experts to the preliminary

investigation.

b. They failed to interview all witnesses.

c. They failed to collect written/recorded witness statements.

d. They failed to collect relevant physical evidence.

e. They failed to treat the crash scene as a possible crime scene.

f. They failed to secure the scene of the crash.

g. They allowed non-first-responders to enter the scene and remove

evidence.

h. Dayton Police Department failed to conduct a complete follow-up

investigation.

i. They failed to assign available subject matter expert staff to conduct

the investigation or to mentor the inexperienced assigned officer and

Sergeant K. Seibert.

j. They failed to determine if the crash met the elements needed for a

criminal charge.

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7. They failed to procure medical records showing the presence or absence of

Morgan White s intoxication.

8. They failed to collect written/recorded statements from witnesses post-incident.

9. They failed to recognize the seriousness of the injuries resulting from the crash.

10. Dayton Police Department knowingly and intentionally suppressed the

completion of a criminal investigation into the driving facts and condition of

Morgan White.

11. Members of the Dayton Police Department command staff actively deceived

Mrs. Quiroz about the investigation, Madelyn Quiroz s parent, Marina Quiroz,

regarding the progress of the investigation and the personnel that were assigned

to the incident, specifically;

12. They failed to disclose which officer was assigned to investigate the incident.

13. Defendant, City of Dayton Former Mayor Caroline Wadzeck. White female,

located in Texas. Through its City Secretary, may be served with summons at

City Hall, 117 Cook Street, Dayton Texas 77535 or wherever she may be found

and she was acting under color of law.

14. City of Dayton Former Mayor Caroline Wadzeck while acting under the color

of law discriminated against Madelyn Quiroz and she also denied Madelyn

Quiroz life, liberty and property in the pursuit of happiness and she also denied

Madelyn Quiroz equal protection of the law. Former Mayor C. Wadzeck

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allowed her staff members, Former City Manager/Theo Melancon, Former

Deputy City Manager/Former Dayton Chief of Police Robert Vine and Former

Captain John D. Coleman to fail the public by disregarding the S.H.I.N.E.

principles (Service, Humility, Integrity, Nobility and Excellence) and to violate

their own policy and procedures. She also publicly announced her gratitude

towards Former City Manager Theo Melancon, Former Chief of Police Robert

Vine and Former Captain John D. Coleman by providing all A job well done 

knowing their misconduct and allowing a faulty investigation to continue,

depriving Madelyn Quiroz Crime Victim Compensation benefits for over two

and a half (21/2) years. Leaving Madelyn Quiroz with limited support and

medical care. Note: The first twelve (12) months are the most critical time to

receive proper and adequate medical treatment for spinal cord injury for healing

and progression.

15. nor shall any State deprive any person of life, liberty, or property, without due

process of law; nor deny to any person within its jurisdiction the equal protection

of the laws.

16. Defendant, City of Dayton, Former City Manager/Theo Melancon White

male, City of Dayton, Former City Manager Theo Melancon, may be served

with summons at Dickinson City Manager Theo Melancon, City Hall @ Farm to

Case 1:23-cv-00273-MAC-ZJH Document 4 Filed 10/12/23 Page 6 of 64 PageID #: 52
Market Road 517, Dickinson, TX 77539 or wherever he may be found and he

was acting under the color of law.

17. City of Dayton, Former City Manager Theo Melancon while acting under color

of law discriminated against Madelyn Quiroz and he also denied Madelyn

Quiroz life, liberty and property in the pursuit of happiness. He denied Madelyn

Quiroz equal protection of the law. He failed to supervise by allowing his staff

members, Former Deputy City Manager/Former Dayton Chief of Police Robert

Vine and Former Captain John D. Coleman failed the public by disregarding the

S.H.I.N.E. principles (Service, Humility, Integrity, Nobility and Excellence) and

to violate their own policy and procedures, and by allowing a faulty

investigation to continue, depriving Madelyn Quiroz Crime Victim

Compensation benefits for over two and a half (2 /2) years. Leaving Madelyn

Quiroz with limited support and medical care. Note: The first twelve (12)

months are the most critical time to receive proper and adequate medical

treatment for spinal cord injury for healing and progression.

18. Mr. Melancon also created a culture of racism by requiring department heads

and directors to read a book titled The Lessons of History by Will and Ariel

Durant. Excerpts:

The Lessons of History by Will & Ariel Durant The book says

the following things: the species man is composed of distinct races

inherently different (like individuals) in physical structure, mental

capacity, and qualities of character; and that one race the “Aryan, 

was by ature superior to all the rest. And History sho s that all

civilization derives from the white race, that none can exist ithout its

help, and that society is great and brilliant only so f r as it prese es

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the blood of the noble group that created it. And Environmental

advantages (argued Gobineau) cannot explain the rise of civilization,

for the same kind of environment (e.g. soil-fertilizing rivers) that

watered the civilizations of Egypt and the Near East produced no

civilization among the Indians or North America And The rise,

success, decline, and fall of a civilization depend upon the inherent

quality of the race. The degeneration of a civilization is what the word

itself indicates - a falling away from the genus, stock, or race.

“Peoples degenerate only in consequence of the various mixtures of

blood which they undergo. Usually this comes through intermarriage

of the vigorous races with those whom it has conquered. Hence the

superiority of the whites in the United States and Canada (who did not

intermarry with the Indians) to the whites in Latin America (who

did). 

19. Defendant, City of Dayton Former Deputy City Manager/Chief of Police

Robert Vine- White male, may be served with summons at City of Paris, Texas.

Assistant City Manager, Robert Vine 150 1st St SE, Paris, TX 75460 or

wherever he may be found and he was acting under the color of law

20. Former Dayton Deputy City Manager/Dayton Chief of Police Robert Vine while

acting under color of law discriminated against Madelyn Quiroz and he also

denied Madelyn Quiroz life, liberty and property in the pursuit of happiness. He

denied Madelyn Quiroz equal protection of the law.

21. Former Chief Robert Vine failed to supervise his staff. He and his staff failed

the public by disregarding the S.H.I.N.E. principles (Service, Humility, Integrity,

Nobility and Excellence) and to violate their own policy, procedures and best

practices, and allowing a faulty investigation to continue, depriving Madelyn

Quiroz Crime Victim Compensation benefits for over two and a half (21/2) years.

Case 1:23-cv-00273-MAC-ZJH Document 4 Filed 10/12/23 Page 8 of 64 PageID #: 54
Leaving Madelyn Quiroz with limited support and medical care. Note: The first

twelve (12) months are the most critical time to receive proper and adequate

medical treatment for spinal cord injury for healing and progression.

22. Private Investigator Prado, who was hired by the city of Dayton found Former

Chief Robert Vine in violation of Failure to Supervise and he was untruthful.

23. The report states that Chief Vine believes that with the information about the

Herrera message to Quiroz (sent via facebook messenger) That lead should have

been followed up at the school.

24. { Good evening Mrs. Quiroz were you aware that the young lady was driving

high. I was told by my son that Morgan was High and being careless. Didn t

know if you knew. }

25. However; Private Investigator Prado located an email from Mayor Caroline

Wadzeck to Chief Vine, dated October 26th, 2020, with the third-party

information and a copy of the Facebook message to Ms. Quiroz from Nathan

Herrera sent via facebook messenger, {“Good evening Mrs. Quiroz were you

aware that the young lady was driving high. I was told by my son that Morgan

was High and being careless. Didn’t know if you knew. }

26. Private Investigator Prado states in his report that he believes that a complete

review of all the facts and circumstances of this case along with the complaint

from Ms. Quiroz, Chief Vine would have recognized the deficiencies mainly that

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the occupants in the car were never interviewed. This is a violation of General

Order 7.31 III 1 (a).

27. Former Chief Robert Vine allowed Dayton Police Department Law

Enforcement personnel to utilize marked police patrol units to harass and

intimate the Quiroz family by passing by their residence which sits on a dead

end street and to also by sitting stationary on Farm to Market Road 1008, near

the entrance of their street. This was never a known site for traffic enforcement

prior to the complaint from Mrs. Quiroz to Dayton City Manager, Chief of

Police Robert Vine, Captain John D. Coleman and City Council.

28. Deputy City Manager/Chief Robert Vine took the case into his own possession,

stopping the clock jeopardizing the statutes of limitations, another stalled tactic.

He allowed all four (4) body camera footage to be deleted. He denied Mrs.

Quiroz an accident reconstruction investigation.

29. Defendant, City of Dayton Former Police Captain John D. Coleman. White

male, may be served summons Bailiff John D. Coleman % Judge Wesley Hinch,

County Court #2, 1923 Sam Houston Street, Liberty, TX 77575 or wherever he

may be found and he was acting under color of law.

30. City of Dayton Former Police Captain John D. Coleman, while acting under the

color of law, discriminated against Madelyn Quiroz and he denied Madelyn

Quiroz life, liberty and property in the pursuit of happiness. He denied Madelyn

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Quiroz equal protection of the law. Former Captain John D. Coleman arrived at

the scene immediately when the dispatcher announced that Morgan White was

involved in the collision. He was the senior officer on the scene. Lieutenant

Burleigh was on scene as well and Lieutenant Burleigh advised dispatch to

notify Expert Accident Reconstructionist Officer David Meyers to the scene.

31. Officer David Meyers was never contacted nor was he ever assigned to the

case. Former Captain Coleman also denied Mrs. Quiroz s request for an

accident reconstruction investigation. He stated they did not have the resources.

However, he was untruthful. The police department had two on their payroll.

Mrs. Quiroz requested he contact the Department of Public Safety Troopers and

he stated he would not bother them with this. Former Captain Coleman allowed

an non-first-responder (unidentified as of today) white male to enter the active

crime scene, enter the vehicle and remove property and evidence from the driver

side floorboard.

32. A female employee of Henscey Electric & Air Conditioning located at 708

Waco Street, Dayton, TX 77535 which is where the racing occurred told Mrs.

Marina Quiroz their business cameras were working and would have recorded

the activity of their parking lot and the roadway. She was very pleasant and

requested Mrs. Quiroz to come the following day so that she could obtain the

video pass code. Mi's. Quiroz returned the following day and a male employee

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who was unpleasant and cold who stated that there was no video. A Witness

stated Former Captain Coleman told the business owner of Henscey Electric &

Air Conditioning and members of the community that Morgan White was

traveling at 40 miles per hour. On the scene, Former Captain John Coleman

spoke with the The Liberty County Fire Department Emergency Medical Service

who submitted in their report that the driver (Morgan White) was traveling at 40

miles per hour. (Morgan White was telling students that she was traveling at 40

miles per hour.) Vehicle Event Data Recorder report reflects that Driver Morgan

White was traveling 96 miles per hour on a 30 miles per hour roadway, at time

of impact.

33. Former Police Captain John D. Coleman failed to supervise. He and his staff

failed the public by disregarding the S.H.I.N.E. principles (Service, Humility,

Integrity, Nobility and Excellence) and to violate their own policy, procedures

and best practices, and allowing a faulty investigation to continue, depriving

Madelyn Quiroz Crime Victim Compensation benefits for over two and a half

(2 2) years. Leaving Madelyn Quiroz with limited support and medical care.

Note: The first twelve (12) months are the most critical time to receive proper

and adequate medical treatment for spinal cord injury for healing and

progression.

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34. Private Investigator Prado s report indicates that Officer Duos who was on the

scene later had a conversation and suggested to Captain Coleman that he

believed this case should be investigated as reckless driving and Captain

Coleman told him to stay out of it that he, Officer Duos was no longer in

Criminal Investigation Division and was now on Patrol.

35. Defendant City of Dayton Police Former Criminal Investigation Division

Lieutenant Terri Hughes- White female, may be served summons at Liberty

County Constable Precinct 1, Constable Terri Hughes, 2103 Cos Street, Liberty,

Texas 77535 or wherever she may be found and she was acting under color of

law.

36. City of Dayton Police Former Criminal Investigation Division Lieutenant Terri

Hughes, while acting under the color of law, discriminated against Madelyn

Quiroz and she denied Madelyn Quiroz life, liberty and property in the pursuit of

happiness. She denied Madelyn Quiroz equal protection of the law. Lieutenant

Terri Hughes was the custodian for the department body cameras. All officers

who were on the scene body camera footage were deleted. She previously

worked for over 10 years at the Liberty County District Attorney s office as an

Investigator, lenowing that the District Attorney does not handle juvenile cases.

However, she was assigned to the case file and submitted the incomplete intake

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case file to the District Attorney s office where it sat for over five (5) months, a

stall tactic to run the time for statutes of limitations.

37. After Mrs. Quiroz made several status requests, former Lieutenant Terri Hughes

submitted an incomplete intake case file to the Liberty County Attorney

Matthew Poston s office who handles juvenile cases. Former Lieutenant Terri

Hughes requested that the incomplete intake case file be denied or accepted. She

knew not all the details were in it. The Investigative suggestions to Former

Lieutenant Terri Hughes from the Assistant County Attorney McCarty were not

followed. She was untruthful to Mrs. Quiroz when she stated she was not the

investigator assigned to the case. She never interviewed the driver, Morgan

White, passengers in the vehicle or witnesses from the crash scene or witnesses

who got high with Morgan or observed her getting high throughout the day at the

Dayton High School premises. Nathan Herrera, who was the father of a witness

who had knowledge of the drug usage of the driver, was never contacted. This

information was the reason for the failed attempt to get a subpoena for Morgan

White’s medical records. She failed the public by disregarding the S.H.LN.E.

principles (Service, Humility, Integrity, Nobility and Excellence) and to violate

their own policy, procedures and best practices, and she lied to cover up the

faulty investigation. She deprived Madelyn Quiroz Crime Victim Compensation

benefits for over two and a half (2V2) years. Leaving Madelyn Quiroz with

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limited support and medical care. Note: The first twelve (12) months are the

most critical time to receive proper and adequate medical treatment for spinal

cord injury for healing and progression.

38. Private Investigator Prado s report states that Lieutenant Terri Hughes’s own

conduct shows that even if she believed that Sergeant K. Seibert was the

investigating officer, she intentionally withheld numerous emails and pertinent

information that an assigned investigator should have. He also states, it is his

opinion and belief that whether by negligence, incompetence or intentionally, Lt.

Hughes, failed to perform her obligations/duties in this case, which should have

resulted in the apprehension of a person on at least one felony offense. He found

a variety of investigative errors and reporting deficiencies as well as misleading

information that formed his opinion. It is also his belief that a totality of the

facts and circumstances in this case are in violation of Dayton Police

Department General Orders Policy 2.1 Code of Conduct III Code of Ethics.

39. Private Investigator Prado states that he believes that when the totality of the

facts and circumstances around this investigation reviewed a reasonable person

would conclude that Lieutenant Hughes acted intentionally and hindered this

investigation since July 2020 until January of 2022, possibly with malice.

40. Private Investigator Prado investigation report states, the case eventually

resulted in one felony count of Aggravated Assault and most likely a second

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count of Aggravated Assault. The victims in this case, the Quiroz Family, spent

over $20,000.00 attempting to find the facts in this case. This same Family also

could have had assistance from the Crime Victims Compensation Fund for the

last two years that they did not receive.

41. Private Investigator Prado stated in his report that his recommendation to

sustain the complaint of Lieutenant Terri Hughes for Dereliction of Duty.

42. Former Lieutenant Terri Hughes was a District Attorney Investigator for over 10

years prior to being employed by the Dayton Police Department. Even after her

termination, she became employed within 3 months with Liberty County

Constable Precinct One.

43. Defendant City of Dayton Police Sergeant Kristen Seibert, White female.

Through its City Secretary, may be served with summons at City Hall, 117

Cook Street, Dayton Texas 77535 or wherever she may be found and she was

acting under color of law

44. City of Dayton Police Sergeant Kristen Seibert, while acting under the color of

law, discriminated against Madelyn Quiroz and she denied Madelyn Quiroz life,

liberty and property in the pursuit of happiness. She denied Madelyn Quiroz

equal protection of the law. She also is in violation by disregarding the

S.H.I.N.E. principles (Service, Humility, Integrity, Nobility and Excellence) and

to violate their own policy, procedures and best practices, and allowing a faulty

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investigation to continue, depriving Madelyn Quiroz Crime Victim

Compensation benefits for over two and a half (2!4) years. Leaving Madelyn

Quiroz with limited support and medical care. Note: The first twelve (12)

months are the most critical time to receive proper and adequate medical

treatment for spinal cord injury for healing and progression. Sergeant Kristen

Seibert's body camera footage was deleted. Sergeant K. Seibert was the lead

Field Training Officer for Rookie of four (4) weeks. Seibert s Initial

Investigation report does not exist. Dayton PD Case # 120573 only has

supplemental reports. The supplemental reports are missing pertinent data and

inaccurate information was documented. Sergeant K. Seibert was untruthful

about photos of the vehicle and of the scene. Sergeant K. Seibert observed

Morgan White being assessed, tended to and loaded up by Allegiance

Emergency Medical Services and was ground transported with non-life

threatening injuries to Methodist Hospital in Baytown prior to Madelyn Quiroz.

Sergeant K. Seibert and her trainee documented that Morgan White was life

flighted. Mrs. Quiroz brought this to the attention of Sergeant K. Seibert,

Captain Coleman, Chief Vine and the city council members no-one would not

correct the report until 2 years later when Detective Dale made a correction on

the report. Sergeant risten Seibert falsified witness statements on her

supplement report.

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45. Private Investigator Prado s investigation reported that Sergeant K. Seibert

failed to inventory the vehicle to preserve property that was within the vehicle

and document it with an inventory in violation of General Orders 7.16V. An

Inventory would have documented Madelyn Quiroz s cell phone, estimated

value of $1,000.00 and the property of Driver, Morgan White in the front floor

board that was removed by the unknown male. Sergeant K. Seibert is seen via

patrol vehicle dash camera, speaking to the non-first-responder, white male on

scene and she allows him to enter the crime scene. The white male is seen

removing property and evidence from the driver side vehicle floor board.

46. Defendant The City of Dayton Volunteer Fire Department Through its City

Secretary, may be served with summons at City Hall, 117 Cook Street, Dayton

Texas 77535 or wherever it may be found and was acting under color of law

47. The City of Dayton Volunteer Fire Department, while acting under the color of

law, discriminated against Madelyn Quiroz and denied Madelyn Quiroz life,

liberty and property in the pursuit of happiness. Denied Madelyn Quiroz equal

protection of the law. Failed to provide timely medical attention post-crash.

Failed the public and victim, Madelyn Quiroz, a minor.

48. Defendant, The City of Dayton Volunteer Fire De artment, Former Chief

Murphy Green. White male. Through its City Secretary, he may be served

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with summons at City Hall, 117 Cook Street, Dayton Texas 77535 or wherever

he may be found and he was acting under color of law

49. The City of Dayton Volunteer Fire Department, Former Chief Murphy Green

was acting under color of law when he discriminated against Madelyn Quiroz

and he denied Madelyn Quiroz life, liberty and property in the pursuit of

happiness. He denied Madelyn Quiroz equal protection of the law. Failed to

provide timely medical attention post-crash. An argument ensued on scene with

City of Dayton Fire Chief Murphy Green and Allegiance Medical Service

Paramedic Steve Smith about contacting Life Flight or not for Madelyn Quiroz

which caused a serious delay of activating Level 1 Trauma protocols. He failed

the public and minor victim, Madelyn Quiroz. Life flight was ultimately

employed after the argument dissipated wasting valuable time approximately

5-10minutes when EMS finally arrived. The investigative report states that Life

Flight was contacted by Liberty County Emergency Medical Service, who was

the last Emergency response team that arrived at the scene.

50. Defendant Liberty County District Attorney Jennifer Bergman Harkness,

White female. She may be served with summons 1923 Sam Houston Street,

Liberty, Texas 77575 or wherever she may be found and she was acting under

color of law.

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51. District Attorney Jennifer Bergman Harkness discriminated against Madelyn

Quiroz and she denied Madelyn Quiroz life, liberty and property in the pursuit of

happiness and she also denied Madelyn Quiroz equal protection of the law.

52. District Attorney Jennifer Bergman Harkness refused Mrs. Quiroz s request to

meet with her for over two years. In attempts for the District Attorney J.

Bergman Harkness and her staff to conduct a full and proper investigation into

Dayton Police Department Case # 120573. After two (2) years, Dayton Police

Lieutenant Terri Hughes was terminated by Dayton Police Chief Woods for

Dereliction of duty for the role she played in Dayton Police Department Case

#120573. Soon after, Mrs. Quiroz also contacted Texas Ranger Bess and

requested a full and proper investigation in Dayton Police Department Case #

120573. Ranger Bess stated that the last time he tried helping Mrs. Quiroz, he

got mud slung at him after meeting with District Attorney J. Bergman Harkness

and County Attorney Matthew Poston. He contacted Mrs. Quiroz, stated he

spoke to District Attorney Jennifer Bergman Harkness about Former Dayton

Police Lieutenant Terri Hughes who was terminated for deletion of duty will not

pursue any charges on Terri Hughes because she feels that the body camera

footage that Lieutenant Terri Hughes was in charge of as custodian of the body

camera were deleted by accident. District Attorney J. Bergman Harkness or her

office never investigated the misconduct and the faulty investigation, However,

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came to the conclusion that it was a mistake. District Attorney J. Bergman

Harkness failed the public and victim, Madelyn Quiroz. Madelyn was deprived

equal protection of the law and denied due process of the law.

53. Defendant, Liberty County Attorney Matthew Poston.,White male. He may

be served with summons at 1923 Sam Houston Street, Liberty, Texas 77575 or

wherever he may be found.

54. Liberty County Attorney Matthew Poston is being sued in his individual

capacity and, at all times relevant to this case, acting under the color of law as a

policymaker for Liberty prosecutions and worked to deny the equal protections

under the 14th amendment in deciding which victims of crimes he/she would

seek charges against and obstruct justice. In particular, refusing to pursue claims

against White suspects on behalf of Hispanic females.

55. Liberty County Attorney Matthew Poston discriminated against Madelyn

Quiroz. He denied Madelyn Quiroz life, liberty and property in the pursuit of

happiness and he also denied Madelyn Quiroz equal protection of the law.

56. Liberty County Attorney Matthew Poston failed to ensure that Dayton Police

Department acted following standard practice during the follow-up investigation

of the incident.

57. Liberty County Attorney Matthew Poston failed to provide much-needed

guidance and direction to Dayton Police Department, even though he is

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responsible for adjudicating all criminal cases involving minors in Liberty

County.

58. Liberty County Attorney Matthew Poston failed to recognize and correct

inconsistencies and errors in the handling of the investigation by the Dayton

Police Department, even when he was made aware of these failures.

59. Once the incident investigation was completed and a criminal charge was

brought against Morgan White, County Attorney Matthew Poston failed to act in

good faith and admitted that he and his office failed to meet their legal due

diligence, leaving Madelyn with few options for legal redress.

60. Liberty County Attorney Matthew Poston has deliberately failed Madelyn

Quiroz.

61. The County Attorney s office failed to notify Madelyn that the assigned Judge,

Judge Chambers, recused himself from the case.

62. The County Attorney s office failed to notify Madelyn that Montgomery County

Judge Martin took over the case from Judge Chambers.

63. On Tuesday, May 10, 2022 Judge called docket for a criminal case Court Cause

No (S). 22CC-JUV-00006. (Tuesdays are typically civil cases that are heard).

64. The County Attorney’s office failed to notify Madelyn of any court proceedings

related to The State of Texas vs Morgan Skye White. No (S). 22CC-JUV-00006.

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65. Liberty County Attorney Matthew Poston admitted that he and his office were

at fault for failing to meet their legal due diligence, leaving Madelyn with few

options for justice. Now since Morgan White is an adult, there is nothing they

can do to move forward with prosecuting the case unless some unknown

evidence presents itself prior to Morgan s 18th birthday.

66. Liberty County Attorney Matthew Poston has evidence that was unknown prior

to Morgan s 18th birthday and was submitted after she turned 18 years old. A

witness submitted a statement that she saw Morgan and Alexia getting high in

the school restroom, minutes before driving away from school and eventually

into the crash. Despite this, Liberty County Attorney Matthew Poston feels like

it would be too hard to try this case, so he has made it very clear that he will not

submit this new evidence.

67. Note: The evidence was in the file prior to trial, but he nor Prosecutor Saldana

did not introduce it. Liberty County Matthew Poston denied having that new

evidence, until Mrs. Quiroz spoke to the new Chief of Police, Chief Woods and

he confirmed evidence was submitted, (case file has witnesses stating that they

got high with Morgan every morning and another witness who stated Morgan

was getting high in the parking lot prior to leaving the school).

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68. Liberty County Matthew Poston admitted that he received the new evidence.

Specifically, a new witness, unknown to anyone before Morgan White turned 18

years old, who could testify to Morgans impairment before the crash.

69. Liberty County Attorney Prosecutor Saldana has never spoken with Madelyn,

nor has he ever been involved in the case prior to the court proceedings.

70. Liberty County Attorney Matthew Poston, Prosecutor Saldana and Prosecutor

McCarty admitted they have never viewed any videos related to the case.

71. May 10, 2022 Court Trial No (S). 22CC-JUV-00006 transcript reads:

72. Judge Martin gave prior notice for the state to notify all parties involved.

73. Liberty County Matthew Poston s office contacted Sergeant K. Seibert and

Detective Dale the morning of trial and Liberty County Matthew Poston stated

Former Lieutenant Terri Hughes was out of town in Dallas.

74. Morgan White, Morgan’s Attorney, and Morgan’s mother all appeared in court.

75. Motion that is filed by Morgan’s attorney, Mr. Turner to dismiss is Granted .

76. Defendant, Liberty County Assistant Attorney Matthew Saldana ,Hispanic

male. He may be served with summons at 1923 Sam Houston Street, Liberty,

Texas 77575 or wherever he may be found and he was acting under color of law.

77. Liberty County Assistant Atto ey Matthew Saldana is being sued in his

individual capacity and, at all times relevant to this case, acting under the color

of law as a policymaker for Liberty prosecutions and worked to deny the equal

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protections under the 14th amendment in deciding which victims of crimes

he/she would seek charges against and obstruct justice. In particular, refusing to

pursue claims against White suspects on behalf of Hispanic females.

78. Liberty County Assistant Attorney Matthew Saldana discriminated against

Madelyn Quiroz. He denied Madelyn Quiroz life, liberty and property in the

pursuit of happiness and he also denied Madelyn Quiroz equal protection of the

law.

79. The County Attorney s office failed to notify Madelyn that Montgomery County

Judge Martin took over the case from Judge Chambers.

80. On Tuesday, May 10, 2022 Judge called docket for a criminal case Court Cause

No (S). 22CC-JUV-00006. (Tuesdays are typically civil cases that are heard)

81. The County Attorney s office failed to notify Madelyn of any court proceedings

related to The State of Texas vs Morgan Skye White. No (S). 22CC-JUV-00006.

82. Liberty County Attorney Matthew Poston admitted that he and his office were

at fault for failing to meet their legal due diligence, leaving Madelyn with few

options for justice. Now since Morgan White is an adult, there is nothing they

can do to move forward with prosecuting the case unless some unknown

evidence presents itself prior to Morgan’s 1 Sth birthday.

83. Liberty County Attorney Matthew Poston has evidence that was unknown prior

to Morgan’s 18th birthday and was submitted after she turned 18 years old. A

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witness submitted a statement that she saw Morgan and Alexia getting high in

the school restroom, minutes before driving away from school and eventually

into the crash. Despite this, Liberty County Attorney Matthew Poston feels like

it would be too hard to try this case, so he has made it very clear that he will not

submit this new evidence.

84. Note: The evidence was in the file prior to trial, but he nor Prosecutor Saldana

did not introduce it. Liberty County Matthew Poston denied having that new

evidence, until Mrs. Quiroz spoke to the new Chief of Police, Chief Woods and

he confirmed evidence was submitted, (case file has witnesses stating that they

got high with Morgan every morning and another witness who stated Morgan

was getting high in the parking lot prior to leaving the school).

85. Liberty County Matthew Poston admitted that he received the new evidence.

Specifically, a new witness, unknown to anyone before Morgan White turned 18

years old, who could testify to Morgans impairment before the crash.

86. Liberty County Attorney Prosecutor Saldana has never spoken with Madelyn,

nor has he ever been involved in the case prior to the court proceedings.

87. Liberty County Attorney Matthew Poston, Prosecutor Saldana and Prosecutor

McCarty admitted they have never viewed any videos related to the case.

88. May 10, 2022 Court Trial No (S). 22CC-JUV-00006 transcript reads:

89. Judge Martin gave prior notice for the state to notify all parties involved.

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90. Liberty County Matthew Poston s office contacted Sergeant K. Seibert and

Detective Dale the morning of trial. Liberty County Matthew Poston stated

Former Lieutenant Terri Hughes was out of town in Dallas.

91. Morgan White, Morgan s Attorney, and Morgan’s mother all appeared in court.

92. Motion that is filed by Morgan’s attorney, Mr. Turner to dismiss is Granted .

93. Liberty County Assistant Prosecutor McCarty was the initial assigned

prosecutor when the Liberty County Atto ey’s office received the said case and

she has spent many hours on the case; to include speaking with Madelyn and

Marina Quiroz. But was removed as the Prosecutor at time of Trial

proceedings.

94. Defendant The City of Liberty Fire Department Emergency Medical

Service. May be served with summons at 1912 Lakeland, Liberty, Texas 77575

or wherever he may be found and he was acting under color of law.

95. The City of Liberty Fire Department Emergency Medical Service discriminated

against Madelyn Quiroz and denied Madelyn Quiroz life, liberty and property in

the pursuit of happiness and he also denied Madelyn Quiroz equal protection of

the law.

96. Flavio Quiroz, Madelyn’s father, was denied access to her by the City of Liberty

Fire Emergency Medical Service paramedics Alvarez and Grimes. At the time

of the motor vehicle collision , Madelyn was a minor. Mr. Quiroz was denied

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access to his child numerous times and dismissed by slamming the rear door to

the ambulance, almost catching Mi'. Quiroz s hand between the doors. Medical

history for Madelyn was not obtained by Emergency Medical Services due to

this action as well as authorizations. This is evident not only by Mr. Quiroz’s

public statements and complaint to the Dayton City Council, but to the empty

medical history sections and signature by LifeFlight in place of the guardian.

97. Defendant, The City of Liberty Fire Department Emergency Medical

Service Paramedic Katelyn Grimes. White female. She may be served with

summons at 1912 Lakeland, Liberty, Texas 77575 or wherever she may be found

and she was acting under color of law.

98. The City of Liberty Fire Department Emergency Medical Service Paramedic

Katelyn Grimes discriminated against Madelyn Quiroz and denied Madelyn

Quiroz life, liberty and property in the pursuit of happiness and he also denied

Madelyn Quiroz equal protection of the law.

99. Flavio Quiroz, Madelyn’s father, was denied access to her by the City of Liberty

Fire Emergency Medical Service paramedics Alvarez and Grimes. At the time

of the motor vehicle collision , Madelyn was a minor. Mr. Quiroz was denied

access to his child numerous times and dismissed by slamming the rear door to

the ambulance, almost catching Mr. Quiroz’s hand between the doors.

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100. Medical history for Madelyn was not obtained by Emergency Medical

Services due to this action as well as authorizations. This is evident not only by

Mr. Quiroz s public statements and complaint to the Dayton City Council, but to

the empty medical history sections and signature by LifeFlight in place of the

guardian.

101. Defendant, Allegiance Mobile Health Emergency Medical Service, May

be served with summons at 201 East 4th Street, Livingston, Texas 77351 or

wherever he may be found and he was acting under color of law.

102. Allegiance Mobile Health Emergency Medical Service discriminated against

Madelyn Quiroz and denied Madelyn Quiroz life, liberty and property in the

pursuit of happiness and he also denied Madelyn Quiroz equal protection of the

law.

103. Allegiance Mobile Health Emergency Medical Service allowed Paramedic to

violate policy and procedures by not submitting an incident call report.

104. An argument ensued on scene with Allegiance Medical Service Paramedic

Steve Smith and City of Dayton Fire Chief Murphy Green about contacting Life

Flight or not for Madelyn Quiroz which contributed to the delay of activating

Level 1 Trauma protocols. He failed the public and minor victim, Madelyn

Quiroz.

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105. Defendan Allegiance Mobile Health Medical Service Paramedic Steve

Smith, White male. May be served with summons at 201 East 4th Street,

Livingston, Texas 77351 or wherever he may be found and he was acting under

color of law.

106. Allegiance Mobile Health Emergency Medical Service Paramedic Steve

Smith discriminated against Madelyn Quiroz and denied Madelyn Quiroz life,

liberty and property in the pursuit of happiness and he also denied Madelyn

Quiroz equal protection of the law. He failed the public and victim, Madelyn

Quiroz, a minor.

107. An argument ensued on scene with Allegiance Medical Service Paramedic

Steve Smith and City of Day on Fire Chief Murphy Green in reference to

contacting Life Flight or not for Madelyn Quiroz which resulted in the delay of

activating Level 1 Trauma protocols and medical care for Madelyn s obvious

and serious medical needs.

108. Per Investigation of Motor Vehicle Collision (MVC) of 01/23/2020.

Resulting in the Injuries of Madelyn Quiroz.

109. On January 23, 2020, at 1449 Madelyn Quiroz (16) was the seatbelt

restrained, backseat passenger in a 2014 Nissan Maxima sedan vehicle that was

being driven and operated by Morgan White (16). Ms. White was traveling at a

high rate of speed going south on Waco Street towards TX-US Hwy 90, when

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she lost control of her vehicle at the Railroad crossing that enters into the Rail

yard owned and operated by Burlington Northern Santa Fe Corporation (BNSF)

Railroad. The vehicle became airborne landing on the rails owned by Union

Pacific Railroad.

110. According to video evidence, Allegiance Mobile Health Emergency Medical

Service Paramedic Steve Smith violated Texas DSHS 157.2(1) and RCW

74.34.020(1).

111. Allegiance Mobile Health Emergency Medical Service Paramedic Steve

Smith failed to properly assess Ms. Madelyn Quiroz s injuries thus delaying her

treatment and transport to a Level 1 Trauma Facility. Had an assessment been

done, Mr. Smith would have known that Ms. Madelyn Qurioz had multiple life

threatening injuries, including but not limited to; internal bleeding as found to be

evident by the City of Liberty Fire Emergency Medical Service personnel, who

upon their assessment, activated Trauma Protocol and immediately requested air

transport to Memorial Hermann Medical Center a Level 1 Trauma Center, for

treatment. Evidence shows that Allegiance Mobile Health Emergency Medical

Service Paramedic Steve Smith is negligent to provide medical treatment, denied

medical treatment, withheld medical treatment and abandoned Ms. Madelyn

Quiroz. Allegiance Mobile Health Emergency Medical Service Paramedic Steve

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Smith instead, left a critical patient in the care of a much lower level Emergency

Medical Technician without ALS ability and did not activate Trauma Protocol.

112. The investigation also brings forth physical evidence. The City of Liberty

Fire Emergency Medical Service took a report from Allegiance Mobile Elealth

Emergency Medical Service Paramedic Steve Smith. Evidence shows

Paramedic Steve Smith did not do a detailed assessment of Ms. Madelyn Quiroz,

yet gave a report to The City of Liberty Fire Emergency Medical Service as if he

had and his assessment was accepted and documented as, Prior To Arrival

(PTA).

113. Defendant, Ramji Law Group a.k.a. Adam Ramji . May be served with

summons at 9186 Katy Freeway, Houston, Texas 77055 or wherever he may be

found and he was acting under color of law.

114. Ramji Law Group a.k.a. Adam Ramji deprived Madelyn Quiroz life, liberty

and property in the pursuit of happiness and also denied Madelyn Quiroz equal

protection of the law.

115. Madelyn was under duress when directed to sign a release of record/contract

while she was under doctors care. Madelyn was inpatient at the Kennedy

Krieger Rehabilitation for treatment due to her paraplegia condition which

included mental healthcare.

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116. Ramji Law Group interfered with a criminal investigation. Communications

began between Ramji Law Group and the City of Dayton, Attorney Brandon

Davis and Adam Ramji backed off from pursuing open records. Ramji Law

Group also approved the release of the wrecked 2014 Nissan Maxima for

Investigational purposes and defective product liability to Marina and Madelyn

Quiroz .

117. Defendant, Jamey Wayne Bice a.k.a, Jaime/James & Jamey Bice, White

male, is an individual resident of Liberty County and he may be served with

summons at Jamey Bice a.k.a. Jaime/James & Jamey Bice % Union Pacific

Railroad, 1400 Douglas Street, Omaha, NE 68179 or wherever he may be found.

118. Jamey Bice a.k.a. Jaime/James & Jamey Bice interfered in a criminal

investigation. He denied Geico Insurance company to release the wrecked 2014

Nissan Maxima for Investigational purposes and defective product liability to

Marina and Madelyn Quiroz.

119. Defendant, Stephanie Lee Blum Bice, White female, is an individual

resident of Harris County and she may be served with summons at 10042 Stone

Briar Drive, Baytown, Texas 77521 or wherever she may be found.

120. Stephanie Lee Blume Bice interfered in a criminal investigation. She denied

Geico Insurance company to release the wrecked 2014 Nissan Maxima for

Investigational purposes and defective product liability to Marina and Madelyn

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Quiroz. Stephanie Lee Blume Bice took Morgan White to the hospital uninvited

and unannounced whose callous actions caused Madelyn Quiroz excruciating

pain and extreme mental anguish.

121. Defendant, Morga Skye White. White female, is an individual resident of

Harris County and she may be served with summons at 10042 Stone Briar Drive,

Baytown, Texas 77521 or wherever she may be found.

122. Morgan White was driving recklessly and was chasing then racing with

Eduardo Hernandez before the horrific vehicle collision.

123. Morgan White was traveling over 96-mph on a 30-mph roadway.

124. Morgan White caused Madelyn Quiroz to become paralyzed.

125. Witnesses observed Morgan getting high before school, during lunch and at

the end of last period.

126. Morgan White amved at Memorial Hermann hospital after Mrs. Quiroz did

not respond to Morgan White s text. Morgan White harassed and intimidated

Madelyn Quiroz by showing up unannounced and took pictures of Madelyn s

disabled left arm. Morgan was able to see that Madelyn was paralyzed and she

told Madelyn that she (Morgan ) did nothing wrong and that this could have

happened to anyone. She caused Madelyn extreme pain and anguish by telling

Madelyn that at least she still had her smile. Morgan took no accountability for

her actions that caused Madelyn’s serious bodily injuries that caused her to

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become paralyzed that Madelyn's stomach instantly began hurting and Madelyn

was violently vomiting. Nurses had to be called.

127. Defendant, Eduardo Hernandez. Hispanic male, is an individual resident

of Liberty County and may be served with summons at 545 County Road,

Dayton, TX 77535 or wherever he may be found. He was driving recklessly

and was racing with Morgan White. He later admitted to driving at a high rate

of speed of over 85 miles per hour on a 30 miles per hour roadway ( Morgan

White had crossed the double solid marked lane, facing against traffic, chasing

him, racing him) and stated he felt responsible when he found out that Madelyn

was life flighted and he fell to his knees.

128. Defendant, NISSAN North America a.k.a. NISSAN Motor Corporation

may be served with summons at 1 Nissan Way, Franklin, TN 37067 or wherever

the corporation may be found.

129. NISSAN North America a.k.a. NISSAN Motor Corporation ( Nissan 

herein) deprived Madelyn Quiroz life, liberty, property and in the pursuit of

happiness. Nissan North America also denied Madelyn Quiroz was neglgenct in

putting a defective product in commerce.. Nissan safety mechanisms were

defective, contributing to Madelyn s catastrophic injuries.

130. NISSAN North America a.k.a. NISSAN Motor Corporation failed Madelyn

Quiroz by producing and manufacturing a vehicle with safety hazards. Madelyn

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Quiroz was deprived of proper safety measures. Public complaints for Nissan

Vehicles are noted with brake and airbag defects. According to the driver, the

brakes failed.The back seat airbags didn't deploy, leaving Madelyn with no

safety protection, causing catastrophic injuries.

131. Defendant, Union Pacific Railroad may be served with summons at 1400

Douglas Street, Omaha, NE 68179 or wherever the corporation may be found.

132. Union Pacific Railroad deprived Madelyn Quiroz life, liberty, property and in

the pursuit of happiness. They also denied Madelyn Quiroz equal protection of

the law and interfered with a criminal investigation.

133. While Ms. Marina Quiroz conducted the investigation, in reviewing the audio

and visual of the Dayton Police dash camera video. The Dayton Police

Department and dispatch stated that they were in contact with Union Pacific

Railroad. The Union Pacific Railroad company was notified to stop any trains

and also, that a vehicle le t the roadway and crashed on their property.

According to Sergeant K. Seibert. By policy and procedure, the Union Pacific

Railroad are required to check for damages to the railroad property and

equipment. But, in this case, for some unknown reason, there was no report.

Union Pacific Railroad, they stated they could not locate an initial, supplemental

report or camera footage from their files. It was withheld in an effort to conspire

to obstruct justice. According to the Dayton Police Department, there is an

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unidentified white male who they claim was either Morgan s father or a Railroad

employee. Although Morgan's step father is employed as an engineer for Union

Pacific, he is on scene in civilian clothes comforting Morgan. The unidentified

white male is seen entering the active crime scene wearing a blue shirt, baseball

cap, blue jeans with radio by his hip, a camera and appears he is taking photos

of the vehicle and is seen removing property and evidence from the driver s

floorboard. He then talks to Sergeant K. Seibert. No record of this male or his

actions on any report.

II. JURISDICTION AND VENUE

134. This Court has jurisdiction over this case pursuant to 28 U.S.C Section 1331

as this is a Civil Rights action brought pursuant to 42 U.S.C 1983.

III. FACTUAL BACKGROUND

135. This is a Civil Rights action brought pursuant to 42 U.S.C. Section 1983 and

1981 for her internal and external injuries by denying, delaying, refusing timely

medical care for serious injuries of Madelyn Marina Quiroz causing her to

become paralyzed and damages conducted in the state actors violation of

Madelyn’s Civil Rights under.

136. The denial and one and half hour delay in providing medical care was due to

an argument by Steve Smith, paramedic and the City of Dayton Fire Chief,

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Murphy Green, acting under color of law, over whether to call Life Flight to

transport to a hospital.

137. No assessment of Madelyn s medical condition, by the Allegiance Mobile

Health Emergency Medical Service Paramedic, Steve Smith was conducted at

the scene.

138. As a result of the lack of an assessment, the denial of reasonable medical care

for an hour and a half after the collision, Plaintiff sustained serious bodily

injuries and today is unable to walk.

139. On or about January 23, 2020- At approximately 2:45 p.m. Two vehicles

were driving reckless and racing at a high rate of speed on Waco St. in Dayton.

140. The driver of the first vehicle, Morgan White, traveling on the opposite

roadway against traffic, side by side with driver two, lost control, the vehicle

went airborne and crashed onto railroad tracks, causing serious bodily injury to

the back seat passenger in the car, Madelyn Quiroz.

141. The driver of the second vehicle stopped at the scene and later admitted he,

too, was traveling at a high rate of speed.

142. City of Dayton first responders arrived shortly after the crash, including

Dayton Police command staff.

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143. City of Dayton Volunteer Fire Department Chief Murphy Green contacted

Mrs. Quiroz and informed her that Madelyn was involved in an accident and that

she would be transported by ambulance to Kingwood Hospital.

144. Mi'. Flavio Quiroz later arrives at the scene and is told that Madelyn would be

transported to Kingwood Hospital. While on scene, Mr. Flavio Quiroz was later

told that Madelyn would be life flighted.

145. After an hour and 30 minute (1 V2) long delay by the first responders on the

scene to transport Madelyn to the hospital, she arrived at Memorial Hermann,

Houston, Texas medical center.

146. Madelyn sustained a broken back, a serious spinal cord injury, internal

bleeding, five broken ribs, a partial collapsed lung, head trauma, face trauma,

fractured nose, busted mouth, abdominal distention, bleeding spleen, three

breaks in the left arm with a damaged radial nerve, abrasions and lacerations on

bilateral hips.

147. Due to these catastrophic injuries, Madelyn is now a paraplegic and confined

to a wheelchair.

148. The Dayton Police Officers, Captain John D. Coleman, Sergeant Kristein

Seibert, Officer John Christopher Duos, Officer Donald McDaniel officers

acting under color of law were deliberately indifferent to the serious medical

needs of Madelyn as a victim of the crime of vehicular assault.

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149. Rather than tend to the medical needs of the more seriously injured,

Madelyn, the officers triaged Morgan Skye White and provided her immediate

medical care

150. Morgan Skye White suffered less serious injuries in the accident. According

to a witness on scene, Morgan never lost grip of her cell phone.

151. The Dayton Officers failed to follow several of their own internal policies

regarding the investigation of major traffic collisions.

152. On January 31, 2020, the Vehicle Crash Data Event Recorder was pulled, and

the data revealed that Morgan was traveling at 96 mph on a 30 mph roadway, at

time of impact.

153. Mrs. Marina Quiroz, the mother of Madelyn who was a Harris County

Sheriff s Deputy and an advanced accident investigator, contacted Dayton

Police Captain John Coleman, who was acting under color of law at the scene of

the crash, and requested an Accident Reconstructionist to investigate the crash.

Captain John Coleman refused.

154. Mrs. Quiroz contacted Dayton Police Chief Robert Vine while he was acting

under color of law and requested the Harris County Sheriff’s Department to

assist with an Accident Reconstruction.

155. Dayton Police Chief Robert Vine failed to request assistance from Harris

County Sheriff’s Department.

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156. Mrs. Marina Quiroz on June 2, 2021 filed a Freedom of Information request

with the City of Dayton and requested to see the body camera video, the dash

camera video, photographs of the scene, photograph of the vehicles, videos of

the intersection, data event documents, 911 call logs and any other documents

related to the accident.

157. The City of Dayton, submitted Mrs. Quiroz s Freedom of Information request

to The Attorney General s office stated these records could be withheld if there

is an active investigation.

158. Mrs. Quiroz communicated with the Dayton Police Dispatcher Sgt. Ray, who

stated the case was not being investigated because it was just an accident!

159. On July 30, 2020 @ approximately 10:00am Lieutenant Terri Hughes

communicated via email to Liberty County Assistant District Attorney McCarty

that the mother of the injured is a law enforcement officer in Harris County and

is not happy with the fact we believe this to be a motor vehicle ACCIDENT

caused by failure to control speed (more than likely).

160. However, the case records would not be released because the City of Dayton

legal department claimed the police were conducting an active investigation.

161. By October of 2021, no witnesses, including Madelyn were contacted, or

interviewed by Dayton Police Department investigators.

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162. Lacking any formal investigation by the Dayton Police Department, Mrs.

Quiroz conducted her own investigation and notified City of Dayton officials

about the faulty investigation conducted by Dayton Police Department.

163. Due to the lack of investigation by the Dayton Police Department, Mrs.

Quiroz hired Wayne Dolcefino Consulting to investigate the wrongdoing by

Dayton Police Department personnel. The City of Dayton finally stated that the

body camera recording of all police personnel that were involved in the crash

investigation had been deleted.

164. On or about November 19th, 2021. Wayne Dolcefino held a press conference

in front of the Dayton Police Department and demanded City of Dayton officials

hire an outside Independent Investigator.

165. However, by this time, The City Manager Theo Melancon, Captain Coleman

and Chief Vine had resigned or retired and were gainfully employed elsewhere.

166. The outside investigator Jesse Prado s findings were significant, noting the

rampant neglect and deliberate indifference on the part of the Dayton Police

officers. As a result:

167. Dayton Police Department Chief Robert Vine was found in violation of

Failure to Supervise. 

168. Dayton Police Lieutenant Terri Hughes was terminated for Dereliction of

Duty.

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169. Dayton Police Department Sergeant Kristen Seibert was found to be in

violation for failure to inventory the vehicle.

170. In January of 2022, two years after the crash, Dayton Detective Dale

conducted an investigation, and a felony warrant was issued for Morgan White.

171. Because Morgan was a juvenile at the time of the crash, the case was

assigned to the Liberty County Attorney s office.

172. When Morgan turned eighteen, she left the jurisdiction of the County

Attorney s office, and there is nothing they can do with the case unless some

new evidence is presented prior to Morgan’s eighteenth birthday.

173. Mi'. Poston admitted that he and his office failed to meet their legal due

diligence, leaving Madelyn with few options for justice.

174. Furthermore, he has evidence that was unknown prior to Morgan’s eighteenth

birthday, and was submitted after she turned eighteen, but has made it very clear

that he will not submit or release this new evidence.

IV. CLAIMS

175. Plaintiff incorporates herein the facts as set forth herein. All prerequisites for

filing suit have been satisfied that Defendants owed a duty to provide her

adequate medical care.

176. After Madelyn was injured from the collision, she was bleeding from her

face, crying, moaning, groaning from pain, and in obvious and critical need of

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emergency medical care and treatment. The ignoring and denying of medical

care pose an objective and subjective substantial risk of harm to Madelyn.

177. However, rather than treating her immediately, calling for life flight, medical

personnel or EMS, or transporting her to a hospital to treat her injuries that

resulted from the trauma from the excessive speed and vehicle collision the

defendant s.

178. While acting under the color of law, intentionally failed as officers stood by

and allowed the officer to engage in the lack of treatment.

179. The officers entered the back seat where Madelyn was located, but did not

provide life-saving measures, timely summon medical care, or permit medical

personnel to treat Madelyn Quiroz.

180. The denial and delay of medical care to Madelyn Quiroz caused Madelyn

Quiroz extreme physical and emotional pain and suffering and was a

contributing cause of Madelyn Quiroz severe injuries.

181. The denial and delay of medical care by the paramedics and officers deprived

Madelyn Quiroz of the right to be secure in her person against unreasonable

searches and seizures guaranteed to Madelyn Quiroz under the Fourth

Amendment to the United States Constitution and as applied to state actors by

the Fourteenth Amendment.

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182. Madelyn Quiroz was frightened, suffered conscious pain and suffering, great

physical pain and emotional distress up to the time of the vehicle collision, and

also suffered the loss of enjoyment of life, loss of quality of life, and loss of

earning capacity.

183. The Dayton Police Command staff and officers knew that failure to provide

timely medical treatment to Madelyn Quiroz could result in further significant

injury or the unnecessary and wanton infliction of pain, but disregarded that

serious medical need, causing Madelyn Quiroz s great bodily harm.

184. The conduct of the Dayton Police Command staff, officers and defendants

was willful, wanton, malicious, and done with reckless disregard for the rights

and safety of Madelyn Quiroz and therefore warrants the imposition of

exemplary and punitive damages as to the defendants. The defendants failed to

render immediate medical care to Madelyn Quiroz after the vehicular assault.

185. The misconduct described in this claim was objectively unreasonable and

was undertaken intentionally with deliberate indifference or willful indifference

to Madelyn Quiroz s constitutional rights.

186. As a result of their misconduct, the Dayton Police Command staff, officers

and defendants are liable for Madelyn Quiroz’s injuries, either because they

were integral participants in the denial or delay of medical care or failed to

intervene to prevent these violations.

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187. Defendants had common-law and statutory duties to use ordinary care in the

operation of his and her vehicle. They negligently breached those duties and

that negligence proximately caused Plaintiff s injuries and damages.

Specifically, Defendants were negligent in the following particulars:

a. Failing to keep a proper lookout;

b. Racing,

c. Failing to control the speed;

d. Failing to yield right of way;

e. Failed to maintain a single marked lane

f. Proceeding at a high rate of speed, racing on the opposite lane against

traffic.

g. Failing to timely apply brakes so as to avoid collision

h. In all things failing to act as a reasonable person using ordinary care in

the same or similar circumstances.

Delay in Medical Care under 42 USC 1983 and Medical Negligence - Chapter

74 Texas Healthcare Liability Act.

188. Plaintiff incorporates herein the facts as set forth herein. Accordingly, all

perquisites for filing suit have been satisfied that Defendant medical providers,

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Emergency Medical Service owed Madelyn a duty to provide her adequate

medical care.

189. Defendant Medical Providers, delayed attending to Madelyn s serious

medical needs after the need was obvious. They waited over nearly 30 minutes

and left her without care after arriving on the scene.

190. Defendant Medical Providers, breached their duty of care and deviated from

the standard of care for healthcare medical Emergency Medical Service, police

and medical providers by:

a. failing to assess Madelyn Marina Quiroz s complaints of severe and

excruciating pain, and visible injuries;

b. failing to allow her to be immediately transported to the hospital prior

to or immediately after the accident;

c. failing to provide adequate medical care;

d. failing to transport Madelyn Marina Quiroz to a hospital after

becoming aware that Madelyn Marina Quiroz was suffering from

serious medical needs;

191. Finally, they breached their duty to medically monitor Madelyn Mari a

Quiroz when she was involved in the collision.

192. As a result, this breach of care. Denial of medical care, delay in medical care,

and refusal to life flight, transport to a hospital was a proximate cause of

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Madelyn Marina Quiroz s pain and suffering, and ultimately her catastrophic

injuries;

193. Defendants failed to recommend that Madelyn Marina Quiroz be transported

to a hospital once he learned Madelyn Marina Quiroz condition and was having

pain that could not be addressed immediately. Madelyn Marina Quiroz suffered

damages.

STRICT PRODUCT LIABILITY, DTPA VIOLATIONS, AND

NEGLIGENCE CLAIMS AGAINST NISSAN AUTO

194. NISSAN North America a.k.a. NISSAN Motor Corporation ( Nissan 

herein) failed Madelyn Quiroz by producing and manufacturing a vehicle with

safety hazards. Madelyn Quiroz was deprived of proper safety measures.

195. Public complaints for Nissan Vehicles are noted with brake, seatbelt and

airbag defects. According to the driver, the brakes failed. The back seat airbags

didn't deploy, leaving Madelyn with no safety protection, causing catastrophic

injuries.

196. Plaintiffs incorporates the above facts by reference, at the time of the crash,

Madelyn was a passenger in the vehicle manufactured by Nissan and suffered

severe bodily injury leaving her paralyzed from the waist down Nissan knew

that a defect of the airbags were present.

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197. It failed to recall or require a recall to repair the vehicle. Madelyn s injuries

were a result of the failure of the airbag deployment from the Nissan she was

riding in as a back seat passenger. Other passengers were in the front cabin but

neither suffered severe bodily injury to the extent that Madelyn did.

198. Nissan was a Manufacturer of the vehicle as defined in Texas Civil Practice

& Remedies Code§ 82.001(4).

199. The vehicle and its related equipment were designed, manufactured,

constructed, and/or distributed by and through its agents and/or representatives

of Defendants, Nissan was regularly engaged in the business of supplying or

placing products, like the product in question, Nissan, in the stream of commerce

for use by the consuming public, including

STRICT PRODUCT LIABILITY, DTPA VIOLATIONS, AND

NEGLIGENCE CLAIMS AGAINST NISSAN AUTO

200. NISSAN North America a.k.a. NISSAN Motor Corporation (“Nissan 

herein) failed Madelyn Quiroz by producing and manufacturing a vehicle with

safety hazards. Madelyn Quiroz was deprived of proper safety measures.

201. Public complaints for Nissan Vehicles are noted with brake, seatbelt and

airbag defects. According to the driver, the brakes failed.The back seat airbags

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didn't deploy, leaving Madelyn with no safety protection, causing catastrophic

injuries.

202. Plaintiffs incorporates the above facts by reference, at the time of the

accident, Madelyn was a passenger in the 2014 Nissan Maxima, manufactured

by, Nissan and suffered severe bodily injury leaving her paralyzed from the chest

down. Her injuries were a result of the failure of the airbag deployment from the

Nissan she was riding in as a back seat passenger.

203. Other passengers were in the front cabin but neither suffered severe bodily

injury to the extent that Madelyn did. The airbag recall for this vehicle was

issued after the collision occurred, on May 27, 2015.

204. Airbags issues top the list for common problems with 2014 Nissan Maximas

although there were no recalls for airbags.

205. The 2014 Nissan Maxima at issue in this suit was manufactured, marketed,

and distributed by Nissan was a Manufacturer of the vehicle as defined in

Texas Civil Practice &Remedies Code§ 82.001(4).

206. The vehicle and its related equipment were designed, manufactured,

constructed, and/or distributed by and through its agents and/or representatives

of Defendants, Nissan, was regularly engaged in the business of supplying or

placing products, like the product in question, 2014 Nissan Maxima, in the

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stream of commerce for use by the consuming public, including Madelyn, a

foreseeable and intended beneficiary.

207. Further, such conduct was solely for commercial purposes. The vehicle in

question and its parts remained unchanged from the time they were originally

manufactured, distributed and sold by Defendant until they reached the driver of

the Nissan s and ultimately resulted in Madelyn's injuries.

208. The Nissan was defective and in an unreasonably dangerous condition when

it was placed into the stream of commerce by Defendants and remained

defective and unreasonably dangerous at all times thereafter until May 27, 2015.

209. There was a safer alternative design available to the defendants. Specifically,

there were alternative designs that, in reasonable probability, would have

prevented or significantly reduced the risk of injury to Madelyn.

210. The safer alternative designs were economically and technologically feasible

at the time the product left the control of the Defendant by the application of

existing or reasonably achievable scientific knowledge.

211. At the time the vehicle was placed into the stream of commerce, it was, or

should have been, reasonably expected and foreseeable that persons such as

Madelyn would use the vehicle in the manner and application in which it was

being used at the time Madelyn sustained her severe injuries.

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212. By way of example and without limitation, the product in question was

unreasonably, dangerously defective in the following ways: it was not

crashworthy and reasonably fit for clearly foreseeable collisions.

213. At the time the vehicle in question left control of the Defendant, it was

defective and unreasonably dangerous in that it was not adequately designed,

manufactured, or marketed to minimize the risk of injury to occupants. The front

driver s-side frontal airbag was defectively designed, manufactured and/ or

marketed in that the airbag failed to deploy without particles, and metal

fragments rocketing at the passenger causing his bums, at the time of impact in

the collision made the basis of this lawsuit;

214. Plaintiff incorporates the above facts by reference to damages sought.

Violation of Texas Business & Commerce Code section 27.01, which is the basis

of this suit, with actual awareness of the falsity of defendant, Nissan,

representation or promise, which entitles plaintiff to exemplary damages under

section 27.01(c).

215. Actual awareness of the falsity of the representation or promise made by

Nissan, failure to disclose the falsity to plaintiff, and benefit from the falsity,

which entitles plaintiff to exemplary damages under Texas Business &

Commerce Code section 27.01(d).

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216. Madelyn s injury resulted from, Nissan s, gross negligence, and malice,

which, under Texas Practice and Remedies Code/Texas Rule of Civil

Procedures, entitles plaintiff to exemplary damages as authorized by Texas Civil

Practice & Remedies Code section 41.003(a).

NEGLIGENCE CLAIMS AGAINST UNION PACIFIC RAILROAD

217. While Ms. Marina Quiroz conducted the investigation, in reviewing the audio

and visual of the Dayton Police dash camera video. The Dayton Police

Department and dispatch stated that they were in contact with Union Pacific

Railroad. The Union Pacific Railroad company was notified to stop any trains

and also, that a vehicle left the roadway and crashed on their property.

According to Sergeant K. Seibert.

218. By policy and procedure, the Union Pacific Railroad are required to check for

damages to the railroad property and equipment. But, in this case, for some

unknown reason, there was no report. Union Pacific Railroad, they stated they

could not locate an initial, supplemental report or camera footage from their

files.

219. According to the Dayton Police Department, there is an unidentified white

male who they claim was either Morgan’s father or a Railroad employee.

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Although Morgan's step father does work for Union Pacific, he is on scene in

civilian clothes comforting Morgan.

220. The unidentified white male is seen entering the active crime scene wearing a

blue shirt, baseball cap, blue jeans with radio by his hip, a camera and appears

he is taking photos of the vehicle and is seen removing property and evidence

from the driver s floorboard contaminating the what should have been

designated as a crime scene. He then tlaked to Sergeant K. Seibert. Yet, there is

no record of this unidentified male or his actions on any report.

TOLLING

221. Tolling of the statute of limitations is required. Plaintiffs seek to plead any

applicable tolling provisions against any defendant that might assert and are

required to negate in an effort to a bar claims to suit based on limitations since

full information involving MADELYN MARINA QUIROZ s injuries and

damages are being withheld relating to the individuals involved, and additional

details. Plaintiffs seek to plead any applicable tolling provisions, including under

the discovery rule, against any defendant that might assert a bar to suit based on

limitations.

PRESERVATION OF EVIDENCE/SPOLIATION NOTICE

222. Defendants received a letter of preservation requesting and demanding that

Defendants preserve and maintain all evidence pertaining to any claim or

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defense related to the incident made the basis of this lawsuit or the damages

resulting therefrom. It warned failure to maintain such items shall constitute a

spoliation of the evidence.

DAMAGES

223. As a result of her bodily injuries, which were proximately caused by

Defendant s negligence, gross negligence, indifference to the serious medical

needs of Plaintiff. Plaintiff is entitled to reasonable and proper compensation for

the following legal damages:

224. Past, present and future medical expenses;

a. Past, present and future physical pain and mental anguish;

b. Past, present and future physical impairment;

c. Past, present and future disfigurement;

d. Past, present and future lost wage-earning capacity;

e. Disfigurement;

f. Past, present and future out-of-pocket economic losses;

g. Plaintiff s reasonable and necessary attorney’s fees under 1988;

h. Cost of court;

i. Pre-judment and post-judgment interest at the highest rates allowable

by law;

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j. For such other and further relief, both general and special, at law and

in equity, to which Plaintiff may show himself entitled.

225. Plaintiff seeks actual damages and punitive damages in an amount within the

jurisdictional limits of this Court. More specifically, Plaintiff seeks monetary

relief of over $1,000,000,000.00.

226. Plaintiffs and her mother suffered from pecuniary loss as a result of the

injuries to Madelyn and Marina Quiroz and mental anguish as a result of the

catastrophic injuries.

227. Medical providers and officers listed above were aware of the foreseeable

risk of depriving Madelyn of the required and/or requested medical care. They

nonetheless deprived Madelyn, and she was injured due to this deprivation,

inadequate medical care, and delay in providing medical care. She essentially

was left to die.

228. The conduct of the medical providers was grossly negligent. Rather than

treating Madelyn immediately or calling for life flight, medical personnel or

Emergency Medical Services to treat her serious bodily injuries that resulted

from the collision, Defendants prioritized and triaged the less injured person.

The Defendants exacerbated the injuries by denying her medical care.

229. Plaintiff incorporates herein the facts as set forth herein. Accordingly, all

prerequisites for filing suit have been satisfied that Dayton Police Command

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staff, officers and Emergency Medical Service providers engaged in wrongful

conduct by denying and delaying medical care.

230. Defendants, unknown medical providers and officers trained and supervised

by Dayton Police and Fire acting under color of law when over an hour and 1 

deprived Madelyn of medical care, causing her catastrophic injuries and

damages. Additionally, the officers acted with deliberate indifference to the

rights of Madelyn. Because of Defendants, unknown and the above identified

Dayton Police Command staff, Officers and Emergency Medical Service

provider s action of denying her life flight, it violated Madelyns s constitutional

rights, including but not limited to those under the Fourth, Eighth and Fourteenth

Amendments of the United States Constitution.

231. The misconduct described in this claim denying her medical was objectively

unreasonable and undertaken with willfulness and reckless indifference to the

rights of Madelyn.

Punitive Damages

232. Plaintiffs request punitive damages against each individually-named

defendant. Exemplary damages based on the conduct of refusing to discourage

the summoning of emergency services for Madelyn Marina Quiroz and allowing

Madelyn Marina Quiroz to humiliating injuries and damages without regard to

her serious medical needs, while at the accident scene and under the care of the

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Emergency Medical Service providers and police, medical personnel, emergency

medical technicians, that was outrageous, malicious, and morally culpable.

233. Madelyn Marina Quiroz s injuries and damage resulted from the joint and

several acts and omissions of Defendants for which Plaintiffs seek punitive and

exemplary damages against each individual Defendant (as allowed by law) in an

amount appropriate to punish each individual Defendant, and deter others from

engaging in similar conduct;

234. Award punitive damages against Defendants in an amount to be shown at

trial;

235. These egregious, actions that shock the conscience hereby entitle Plaintiffs to

punitive/exemplary damages;

Actual Damages

236. Compensatory general damages against each Defendant, jointly and

severally, in the amount proven at trial.

237. As wrongful injuries and damages, Plaintiffs seeks actual damages, both

general and special, for the loss of the use of her left arm and both legs,

Madelyn Marina Quiroz, for the following specific elements of damages:

238. Pecuniary loss resulting from the injuries and damages of Madelyn Marina

Quiroz including, but not limited to, the care, maintenance, relationship, support,

services, education, advice, counsel, and reasonable contributions of a pecuniary

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value, would have received from Madelyn Marina Quiroz, had she not been

deprived as a Victim of Crime to receive benefits from Crime Victims

Compensation within the first two years of the said collision.

239. Termination of the Family Relationship: The positive benefits flowing from

the love, support, companionship, and society that Madelyn Marina Quiroz

And Marina Quiroz, would in reasonable probability, have received from

Madelyn Marina Quiroz had she not been deprived as a Victim of Crime to

receive benefits Crime Victims Compensation within the first two years of the

incident.

Pain and Suffering

240. Physical pain and suffering sustained by Madelyn Marina Quiroz from the

time of the collision until present;

241. Reasonable and necessary medical expenses.

242. Reasonable and necessary medical expenses for Madelyn Marina Quiroz

from the time of the collision until the present.

243. Attorney s Fees.

244. Plaintiffs are entitled to recover attorney s fees and costs under 42 U.S. C. §

1983, 1981 and 1988, including reasonable and necessary attorney’s fees

incurred by or on behalf of Plaintiffs.

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Mental Anguish

245. Mental anguish was suffered by Madelyn Marina Quiroz during the

collision. Mental anguish sustained by Madelyn Marina Quiroz from the time of

the incident until present; Mental anguish suffered by Madelyn Marina Quiroz

mother after almost two years of not being provided complete and thorough

investigation.

246. Mental Anguish suffered by her mother and family as a result of her injuries

and damages of Madelyn Marina Quiroz, including, but not limited to, the

emotional pain, torment, and suffering that Plaintiff would, in reasonable

probability, experience from the injuries and damages of Madelyn Marina

Quiroz.

Physical Impairment and Disfigurement

247. Physical Impairment was suffered by Madelyn Marina Quiroz while in the

motor vehicle collision. Physical Impairment was suffered by Madelyn Marina

Quiroz from the time of the incident until present.

Compensatory Special Damages

248. Including, but not limited to compensatory general damages against each

Defendant, jointly and severally, in the amount proven at trial.

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Medical expenses

249. Plaintiffs seek reasonable and necessary medical expenses for Madelyn

Marina Quiroz from the time of the motor vehicle collision until present; and

future Reasonable and necessary medical expenses.

Attorney s Fees

250. Plaintiffs are entitled to recover attorney s fees and costs under 42 U.S. C.

§1983 and 1988 including reasonable and necessary attorney s fees incurred by

or on behalf of Plaintiffs Equitable Relief.

Additional Damages

251. Plaintiffs seek to recover all court costs, fees, expenses, and expert fees. Pre

and post-judgment interest as permitted by law; and such other relief, including

injunctive and/or declaratory relief, as the court may deem proper.

Equitable relief

252. Equitable relief, including, without limitation, that City of Dayton, Texas,

Dayton Police be made to apologize and to promulgate, adopt, train, maintain

and enforce appropriate policies to prevent future instances of the type of

misconduct described herein; Such other relief, including injunctive and

declaratory relief, as the court may deem proper.

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PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Madelyn Quiroz

respectfully pray that Defendants be summoned to appear and answer herein and

that upon a final hearing of this cause, that judgment is entered for the Plaintiffs

and against Defendants, both jointly and severally, for all damages requested

herein, together with prejudgment and post-judgment interest at the maximum rate

allowed by law, attorney s fees, costs of court, and such other and further relief to

which Plaintiffs may be entitled at law or in equity. Punish each Defendant, and

deter others from engaging in similar conduct;

Plaintiffs assert that the injuries and damages of Madelyn Marina Quiroz was the

result of government actors, individually and collectively caused the injuries and

damages and harm suffered was the result of Defendants conduct motivated by

evil motive or intent or done recklessly or with callous deliberate indifference to

the federally protected rights of Madelyn Marina Quiroz, and hereby entitle

Plaintiffs to punitive and exemplary damages.

Equitable relief, including, without limitation, that Defendants be made to

apologize and to promulgate, adopt, train, maintain and enforce appropriate

policies to prevent future instances of the type of misconduct described herein;

Such other relief, including injunctive and declaratory relief, as the court may

deem proper.

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PRAYER

Plaintiff(s) pray that they have judgment against Defendant(s) jointly and

severally, for actual damages shown and proved at trial, for prejudgment and

post-judgment interest, for costs of court, and for all other relief, legal and

equitable, to which he is entitled.

Respectfully submitted,

Madelyn Marina Quiroz

10 Sherwood Street, Dayton, Tx 77535

maddiiquiroz@icloud.com FAX: 1-832-218-4322

10 Sherwood Street, Dayton, Tx 77535

m;u ac /V/uii.iia FAX: 1-832-218-4322

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Plaintiff(s) pray that they have judgment against Defendant(s) jointly and

severally, for actual damages shown and proved at trial, for prejudgment and

post-judgment interest, for costs of court, and for all other relief, legal and

equitable, to which he is entitled.

Respectfully submitted

Marina Naomi Hernandez Quiroz, individually

and as Attorney in Fact for Madelyn Quiroz

10 Sherwood Street, Dayton, Tx 77535

marinaquiroz@att.net

FAX: 1-832-218-4322

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