Sammy Tawakkol v. Sheila Vasquez, in Her Official Capacity as Manager of the Texas Department of Public Safety- Sex Offender Registration Bureau; And Steven McCraw, in His Official Capacity as Director of the Texas Department of Public Safety

• Court: Court of Appeals of Texas
• Decided: February 3, 2025
• Docket: 15-25-00009-CV
• Status: Published

Opinion

15-25-00009-CV Appellate Docket Number: February 3, 2025 Appellate Case Style: Sammy Tawakkol Vs. Sheila Vasquez, and Steven McCraw, in their Official Capacities at Texas DPS Companion Case(s): Amended/Corrected Statement D DOCKETING STATEMENT (Civil) Appellate Court: 15th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) NOTE: Because space for additional parties I attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9.4, please include party's name and the name, address, email address, telephone number,fax number, ifany, and State Bar Number ofthe party's lead counsel. Ifthe party is not represented by an attorney, that party's name, address, telephone number, fax number shoukl be provided.

I. Appellant II. Appellant Attorney(s) - Continued 181 Person D Organization 181 Lead Attorney Retained Attorney

Name: Sammy Tawakkol Name: Richard Gladden D Pro Se Bar No. 07991330 If Pro Se Party, enter the following information: Firm/Agency: Law Office of Richard Gladden Address: Address 1: 1204 w. University Dr. City/State/Zip: Address 2: Suite 307 Tel. Ext. Fax: City/State/Zip: Denton, Texas 76201 Email: 1---------------------------1 Tel. (940) 323-9300 Ext. Fax: (940) 539-0093 II. Appellant 1--_ Attorney(s) __._....___ _ _ _ _ ........,._...L.,__ _ _ _ _ _ _ _ _ ----1_E_m_a_il_:_...ri..,..ch...s...c,..ot..._1=@...h...._otm .....a,..il._..c... om....__ _ _ _ _ _ _ _ __ D Lead Attorney Select □ Lead Attorney Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: D Lead Attorney Select D Lead Attorney Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 1 of 11 III. Appellee IV. Appellee Attorney(s) - Continued 181Person □ Organization 181 Lead Attorney Retained Attorney Name: Sheila Vasquez Name: Christopher Lee Lindsey OProSe Bar No. 24065628 If Pro Se Party, enter the following information: Firm/Agency: Office of the Texas Attorney General Address: Address 1: P.O. Box 12548 City/State/Zip: Address 2: Capitol Station Tel. Ext. Fax: City/State/Zip: 78711 Email: Tel. (512) 463-2157 Ext. Fax: (512) 370-9314 Email: Christopher .Lindsey(a)oag. texas.gov IV. Appellee Attorney(s) D Lead Attorney Select □ Lead Attorney Select

Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

D Lead Attorney Select D Lead Attorney Select

Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 2 of 11 III. Appellee IV. Appellee Attorney(s) - Continued 181Person □ Organization 181 Lead Attorney Retained Attorney Name: Steven McCraw Name: Christopher Lee Lindsey OProSe Bar No. 24065628 If Pro Se Party, enter the following information: Firm/Agency: Office of the Texas Attorney General Address: Address 1: P.O. Box 12548 City/State/Zip: Address 2: Capitol Station Tel. Ext. Fax: City/State/Zip: 78711 Email: Tel. (512) 463-2157 Ext. Fax: (512) 370-9314 Email: Christopher .Lindsey(a)oag. texas.gov IV. Appellee Attorney(s) D Lead Attorney Select □ Lead Attorney Select

Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email:

Page 2 of 11 V. Perfection of Appeal, Jud2ment and Sentencin2 Nature of Case (Subject matter or type of case): Injunction Date Order or Judgment signed: 01 /02/2025 Type of Judgment: Dismissal Date Notice of Appeal filed in Trial Court: 01/31/2025 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: D Yes □No

If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): DYes 181No If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): □ Yes 181No Permissive? (See TRAP 28.3): D Yes 181No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): D Yes 181No If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? DYes 181No If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? 181Yes □ No Judgment or Order disposes of all parties and issues? 181Yes □ No

Appeal from final judgment? 181Yes □ No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes 181No If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form. If yes, is the Attorney General of Texas a party to the case? □ Yes □ No VI. Actions Extending Time to Perfect Anneal Motion for New Trial: □ Yes 181No If yes, date filed: Motion to Modify Judgment: □ Yes 18JNo If yes, date filed: Request for Findings of Fact and Conclusions of Law: □ Yes 181No If yes, date filed: Motion to Reinstate: □ Yes 181No If yes, date filed: Motion under TRCP 306a: □ Yes 181No If yes, date filed: Other: □ Yes 181No If Other, please specify:

Page 3 of 11 VII. Indi2ency of Party (Attach file stamped copy of Statement and coov of the trial court order.) Was Statement of Inability to Pay Court Costs filed in the trial court? □ Yes 129No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? □ Yes 129 No If yes, date filed: Was there any hearing on appellant's ability to afford court costs? □ Yes 129No

Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? D Yes 129 No

Date of Order: If yes, trial court finding: □ Challenge Sustained □ Overruled

VIII. Bankruotcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? D Yes 129No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court and Record Court: 200th District Court Clerk's Record County: Travis County D County Trial Court Clerk: i2I District Trial Court Docket No. (Cause No.): Was Clerk's record requested? i2I Yes □ No D-1-GN-001566 If yes, date requested: 02/01/2025 Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: Name: Ho. James Carroll Were payment arrangements made with clerk? Address 1: 1700 Guadalupe Street □ Yes i21No D Indigent Address 2: Ninth Floor (Note: No request required under TRAP 34.S(a),(b).) City/State/Zip: Austin, Texas 78701 Tel. (512) 854-9306 Ext. Fax: (512) 854-2224 Email:

Page 4 of 11 IX. Trial Court and Record - Continued Reporter's or Recorder's Record Is there a Reporter's Record? 181 Yes D No Was Reporter's Record requested? 181 Yes □ No If yes, date requested: 01/31/2025 If no, date it will be requested: Was the Reporter's Record electronically recorded? 181 Yes D No Were payment arrangements made with the court reporter/court recorder? 181Yes □ No D Indigent

181 Court Reporter D Court Recorder D Court Reporter D Court Recorder D Official 181 Substitute D Official D Substitute Name: Jaclyn Gonzales, CSR Name: Address 1: 1700 Guadalupe Street Address 1: Address 2: Courtroom 11-A Address 2: City/State/Zip: Austin, Texas 78701 City/State/Zip: Tel. (512) 854-5561 Ext. Fax: Tel. Ext. Fax: Email: jacklyn.gonzales~traviscountytx.gov Email:

X. Supersedeas Bond Supersedeas bond filed? D Yes 181 No If yes, date filed: If no, will file? DYes D No

XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? D Yes 181 No If yes, briefly state the basis for your request:

Page 5 of 11 XII. Alternative Dispute Resolution/Mediation (Complete section if filin2 in theist, 2nd, 4th , 5th , 6th , 8th , 10th , 11 th , 13 th , or 14th Court of Appeals.) Should this appeal be referred to mediation? D Yes ~No If no, please specify: I

Has this case been through an ADR procedure? □ Yes ~No If yes, who was the mediator? I What type of ADR procedure? At what stage did the case go through ADR? □ Pre-Trial D Post-Trial D Other If other, please specify: Type of Case? Injunction I

Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Whether, after dismissal of Plaintiffs claims based on Defendants' sovereign immunity under federal law (as determine by the U.S. Court of Appeals for the 5th Circuit), Pitt's claims are barred by res judicata, collateral estoppel, and without a cognizable cause of action under Texas law. I

How was the case disposed of? By an Order of Dismissal and Final Judgment, after Hearing I Summary of relief granted, including amount of money judgment, and if any, damages awarded. If money judgment, what was the amount? Actual damages: 7 Punitive (or similar) damages: I Attorney's fees (trial): I

Attorney's fees (appellate): I

Other: I If other, please specify: I Will you challenge this Court's jurisdiction? DYes ~No Does judgment have language that one or more parties "take nothing"? DYes ~No Does judgment have a Mother Hubbard clause? ~yes □ No Other basis for finality: I

Page 6 of 11 XII. Alternative Dispute Resolution/Mediation - Continued Com lete section if filin in theist, 2nd, 4th , 5th , 6th , 8th , 10th , 11 th , 13 th , or 14th Court of A eals. Rate the complexity of the case (use 1 for least and 5 for most complex): D 1 D 2 D 3 D 4 1&15 Please make my answer to the preceding questions known to other parties in this case? I&! Yes D No Can the parties agree on an appellate mediator? D Yes I&! No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext. Fax: Email: Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement:

XIII. Related Matters List any pending or past related anneals before this, or any other Texas Annellate Court, by Court, Docket, and Stvle. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs.

Page 7 of 11 XIV. Pro Bono Program: (Complete section if filin2 in theist, 2nd, 3rd, 5th , 7th , 13 th or 14th Court of Appeals.) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? D Yes □ No

Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? D Yes □ No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? D Yes D No These guidelines can be found m the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtm1. Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes □ No

If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). Chapter 62 of the Texas Code of Criminal Procedure assigns Defendants authority to require Plaintiff to register as a "sex offender" under Texas law ifhe would be required to do so under federal law. A U.S District Court ruled Plaintiff is not required to register under federal law, and declared Defendants' contrary determination ultra vires. However, on appeal the U.S. Court of Appeals (5th Cir.) ruled the Defendants in their official capacities were entitled to federal sovereign immunity, so the U. S. District Court was without jurisdiction. The Fifth Circuit expressly did not reach the "merits" of Plaintiff's federal claims. Pursuant to Section 16.064 (a) of the Texas Civil Practice and Remedies Code, Plaintiff then timely filed his original petition against Defendants in the Travis County District Court, alleging, under Texas law, an ultra vires act cause of action against Defendants based on a common core of facts. Without reaching the question of Defendants' claims to sovereign or official immunity under Texas law, the Travis County District Court dismissed Plaintiffs state law claims on the grounds that his claims were "barred by the doctrines of res judicata and collateral estoppel, and also lack any cognizable cause of action under Texas law." Res judicata and collateral estoppel require a prior decision "on the merits," which the Fifth Circuit did not reach; and Plaintiffvalidlv alleged an ultra vires act cause of action against Defendants in their official capacities under Texas law.

Page 8 of 11 XV. Fifteenth Court of Appeals Jurisdiction Effective 9/1/24, certain cases filed with this court must be transferred to the new Fifteenth Court of Appeals (See SB 1045, 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the following information. Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government, including a university system or institution of higher education as defined by Section 61.003, Education Code, or by or against an officer or employee of the state or a board, commission, department, office, or other agency in the executive branch of the state government arising out of that officer's or employee's official conduct? 181Yes □ No If the answer is yes, does this appeal involve: D a proceeding brought under the Family Code and any related motion or proceeding; D a proceeding brought under Chapter 7B or Article 17 .292, Code of Criminal Procedure; D a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction; D a proceeding relating to a mental health commitment; D a proceeding relating to civil asset forfeiture; D a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain; D a proceeding brought under Chapter 101, Civil Practice and Remedies Code; 181 a claim of personal injury or wrongful death; D a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance; D a proceeding brought under Chapter 55, Code of Criminal Procedure; D a proceeding under Chapter 22A, Government Code; D a proceeding brought under Subchapter E-1, Chapter 411, Government Code; D a proceeding brought under Chapter 21, Labor Code; D a removal action under Chapter 87, Local Government Code; D a proceeding brought under Chapter 841, Health and Safety Code;

XVI. Si2nature 02101/2025 Signature of counsel (or Pro Se Party) Date Richard Gladden 07991330 Printed Name State Bar No. Isl Richard Gladden Richard Gladden Electronic Signature (Optional) Name

XVII. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties to the Trial Court's Order or Judgment as follows on: Isl Richard Gladden Signature of counsel (or Pro Se Party) Electronic Signature (Optional)

07991330 State Bar No.

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by the attorney.

Page 9 of 11 Please enter the followin2 for each person served: Date Served: 02/01/2025 Date Served: 02/01/2025 Manner Served: eServe Manner Served: eServe Name: Christopher Lee Lindsey Name: Christopher Lee Lindsey Bar No. 24065628 Bar No. 24065628 Firm/Agency: Office of the Texas Attorney General Firm/Agency: Office of the Texas Attorney General Address 1: P.O. Box 12548 Address 1: P.O. Box 12548 Address 2: Capitol Station Address 2: Capitol Station City/State/Zip: Austin, Texas 78711 City/State/Zip: Tel. (512) 463-2157 Ext. Fax: (512) 370-9314 Tel. (512) 463-2157 Ext. Fax: (512) 370-9314 Email: Christopher.Lindsey@oag.texas.gov Email: Christopher.Lindsey~oag. texas.gov Party: Sheila Vasquez Party: Steven McCraw

Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Party: Party:

Date Served: Manner Served: Select Name: Bar No. Firm/Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party:

Pagel0ofll Please enter the followin2 for each person served that is not an attorney for a party: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:

Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:

Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext. Fax: Fax: Email: Email:

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