28 Texas law Texas defines false law defines false imprisonment as the unlawful restraint of as the an of an
individual's individual's personal lliberty personal ibertyor freedom of or freedom movementagainst of movement against hhis is or herwill. or her will. Plaintiffs Plaintiffs a llegeandwould allege and would prove thatSilverado provethat hasrestricted Silverado has Ruby'smovement restricted Ruby's movement to and to and from from the premises thepremises without without order. aacourt order.
29 Todate, To Courthas noCourt date, no hasdeclared Rubyto declared Ruby beincompetent tobe orto incompetent or lackcapacity. tolack capacity.
There is no There is presumption nopresumption ofincompetence of incapacity. orincapacity. incompetence or 30 Plaintiffs 30 Caroland Plaintiffs Carol andTonya Tonya P eterson, Peterson, asnext as next friends ofRuby, friendsof claimall Ruby, claim allofher of her
rightsunderthe rights ElderlyBill under the Elderly Bill of Rightsfoundin of Rights Section102of found in Section theHuman 102 of the Human ResourceC Resource including: (a)Anelderly odeincluding: Code individual (a) An elderly individual hasall therights, has all the benefits, rights, benefits,
responsibilities, and privileges granted responsibilities, andprivileges granted by the constitution andlawsof by theconstitution thisstate and laws of this state andtheUnited and States,except the United States, exceptwhere lawfully wherelawfully restricted. restricted. Theelderly The individual elderly individual has has
the rightto the right befree tobe interference, freeofofinterference, coercion, coercion, discrimination, and reprisalin andreprisal in exercising exercising tthese hesecivilrights. (b)Anelderly civil rights. (b) individual hastheright An elderly individual has the right to betreated to be treated
withdignity andrespect with dignity and forthepersonal respectfor integrity the personal integrity oftheindividual, of the individual, without regard withoutregard
to race,religion, to race, nationalorigin, sex, religion,national sex,age, disability, age, disability, marital status,oorr source marital status, of sourceof
payment. This payment. means thatthe This means elderlyindividual: that the elderly (1) has the right individual: (1)hasthe right to makethe to make the
individual's individual's ownchoices own regarding choicesregarding theindividual's the personal individual's personal affairs,care, affairs, benefits, care,benefits, and services; (2)hastheright andservices; befreefromabuse, tobe (2) has the right to free from abuse, neglect, andexploitation... neglect,and exploitation...
Tex.H Tex. um.Resource Hum. ResourceCode 102.003. Codess102.003. Plaintiffs Plaintiffs Caroland Carol andTonya Peterson Tonya Peterson allege allege
Silverado Appx. 0425 No. 1-15-567-CV 1547 andwould and thatSilverado provethat would prove Silverado been violatedthis beenrepeatedly violated thisStatute withrespect Statute with respect Ruby's toRuby's to rights. rights.
31 Plaintiffs 31 Plaintiffs Carol Carol and and Tonya Tonya Peterson, Peterson, as next as next friends friends of Ruby, ofRuby, claim allofofhherer claim all
rightsundertheTexas rights under the Texas A dministrative Administrative Code19.401, Code 19.401, et whichguarantees seq.,which et seq., guarantees the the
elderly elderly withtheuninhibited with the uninhibited right right to freeaccess to free andegress accessand egressof theirfacilities oftheir in facilities in
whichthey which theyreside, mandating reside, mandating that that an patient's elderlypatient's anelderly privacyrights privacy rightsbe berespected respected theirreceiptof unopenedmail,telephone by by not interfering notinterfering in any in anymanner withtheir receipt manner with of unopened mail, telephone
calls,private calls, meetingareas private meeting withtheirfamily.Section areas with 19.401 their family. Section 19.401 specifically specifically states states
thefollowing the guarantees: following guarantees:
Theresident a. The