The Delaney at Lake Waco Nursing Home is sued for All Types of Wrongdoing to 83-year-old Wanda Dutschmann

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A lawsuit has been filed against The Delaney at Lake Waco, a nursing home in Waco, Texas. What The Delaney at Lake Waco has done to Wanda Dutschmann and Marcie Schreck is unthinkable. Here's the court filing, Cause Number 2021-3814-5 in McLennan County District Court...

FIRST AMENDED PETITION FOR EMERGENCY TEMPORARY INJUNCTION and COMPLAINT FOR ELDER ABUSE

Plaintiff, Marcie Lynn Dutschmann Schreck (“MARCIE” or “PLAINTIFF”) hereby files this First Amended Petition for EMERGENCY Temporary Injunction and Complaint for Elder Abuse (“COMPLAINT”), pursuant to Texas Rules of Civil Procedure.  The PLAINTIFF alleges as follows:
1.                  This is a cause of action for tortious interference with prospective contractual relations; intentional infliction of emotional distress; elder abuse; failure to report elder abuse; breach of fiduciary duty; conspiracy; fraud; theft, conversion, or negligence; conversion of property; false complaints to the police; unlawful restraint; abuse of official capacity; official oppression; and official misconduct.

2.                  Under Texas law, abuse, neglect or exploitation of a child, senior, or adult with disabilities must be reported by any Texas resident who witnesses it.  Under Texas law, a person who knows about a situation involving abuse or neglect and does not report it can be charged with a Class B misdemeanor.  All of the DEFENDANTS should be charged.

3.                  The PLAINTIFF has reported abuse of her mother Wanda Dutschmann (“GREAT-GRANDMA”), a senior.

4.                  GREAT-GRANDMA is being held captive in The Delaney at Lake Waco against her wishes, and the PLAINTIFF is being denied the right to see her.  The Delaney at Lake Waco is committing Unlawful Restraint and Kidnapping.   GREAT-GRANDMA has no will, no power of attorney, and no medical power of attorney.  The Delaney at Lake Waco, Michael Dutschmann, Doug Dutschmann, Jill Perryman, and Krissy Matthews have conspired with The Delaney Defendants to block GREAT-GRANDMA’s efforts to have her Statutory Durable Power of Attorney, Medical Power of Attorney, and Last Will and Testament notarized and/or witnessed.  The PLAINTIFF is being denied the right to be her attorney-in-fact, executor, and medical power of attorney as GREAT-GRANDMA wishes and has specified in writing.

The Delaney Advertised Bed 640w
     This is the beautiful bedroom advertised on The Delaney at Lake Waco website.  $2,200 a month for a suite.
Wanda Dutschmann Bed 640w
  This is Wanda Dutschmann's bed at The Delaney at Lake Waco.  14 x 16' room shared.  $8,000 a month.



JURISDICTION AND VENUE

5.                  This court has jurisdiction on this matter pursuant to Texas Statutes.  This Court has personal jurisdiction over the residents of McLennan County and people and entities that regularly conduct business in McLennan County

6.                  Venue is proper in this Court on the grounds that some or all of the conduct at issue took place in, and/or all of the Defendants reside in, McLennan County or regularly conduct business in, McLennan County.

7.                  This action is filed by the PLAINTIFF for the PLAINTIFF.  This is not an action on behalf of GREAT-GRANDMA.

PARTIES

8.                  Marcie Lynn Dutschmann Schreck (“MARCIE” or “MARCIE SCHRECK” or the “PLAINTIFF”) is the Plaintiff.  Her address is 6302 Oakcrest Lane, Amarillo, Texas 79109, 254-651-7078, This email address is being protected from spambots. You need JavaScript enabled to view it..  MARCIE is the daughter of GREAT-GRANDMA.  MARCIE has three sons – Cody, Hunter, and Logan.  She has one daughter – Whitney.  Whitney has two children – Owen and Hayden.

9.                  The Delaney at Lake Waco (“THE DELANEY”) is a Defendant.  The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, Fax: 254-870-9819, This email address is being protected from spambots. You need JavaScript enabled to view it..  Cogency Global Inc. is the Registered Agent, 1601 Elm Street, Suite 4360, Dallas, Texas 75201, 844-818-2344, FAX:  866-342-7307. 

10.              LCS Waco Operations LLC (“LCS-WACO”) owns The Delaney at Lake Waco.  LCS Waco Operations LLC is owned by Life Care Companies LLC.  LCS-WACO is a Defendant.  LCS Waco Operations LLC, 400 Locust Street, Suite 820, Des Moines, Iowa 50309, This email address is being protected from spambots. You need JavaScript enabled to view it., 515-875-4500, Fax: 254-870-9819.  Bridgette C. Uhlemann is the Registered Agent, 400 Locust Street, Suite 820, Des Moines, Iowa 50309, 515-875-4500. 

11.              Life Care Companies LLC (“LCC”) owns LCS Waco Operations LLC, which owns The Delaney at Lake Waco.  LCC is a Defendant.  LCC, 400 Locust Street, Suite 820, Des Moines, Iowa 50309, This email address is being protected from spambots. You need JavaScript enabled to view it., 515-875-4500, Fax: 254-870-9819.  Bridgette C. Uhlemann is the Registered Agent, 400 Locust Street, Suite 820, Des Moines, Iowa 50309, 515-875-4500, This email address is being protected from spambots. You need JavaScript enabled to view it..

12.              Joel D. Nelson (“NELSON”) is President and CEO of LCS-Waco and LCC.  Joel D. Nelson is a Defendant.  Joel D. Nelson, LCC, 400 Locust Street, Suite 820, Des Moines, Iowa 50309, 515-875-4500, This email address is being protected from spambots. You need JavaScript enabled to view it., Fax: 254-870-9819. 

13.              Scott Bushong (“BUSHONG”) is a Defendant, an employee and the director of THE DELANEY.  Scott Bushong, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 918-430-8306, bushongscott@TheDelaneyatLakeWaco.com, Fax: 254-870-9819.

14.              Paula Smith (“SMITH”) is an employee of THE DELANEY.  Paula Smith, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, Fax: 254-870-9819, This email address is being protected from spambots. You need JavaScript enabled to view it..

15.              Alyssa Claridy (“CLARIDY”) is an employee of THE DELANEY.  Alyssa Claridy, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-229-0229, Fax: 254-870-9819, This email address is being protected from spambots. You need JavaScript enabled to view it..

16.              Marlene Morrison (“MORRISON”) is an employee of The Delaney at Lake Waco. Marlene Morrison, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, This email address is being protected from spambots. You need JavaScript enabled to view it., Fax: 254-870-9819.  MORRISON works as a so-called “aid” on the floor where GREAT-GRANDMA resides.

17.              Alma Morrow (“MORROW”) is an employee of The Delaney at Lake Waco.  Alma Morrow, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, This email address is being protected from spambots. You need JavaScript enabled to view it., Fax: 254-870-9819. 

18.              Connie Moore (“MOORE”) is an employee of The Delaney at Lake Waco.  Connie Moore, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, This email address is being protected from spambots. You need JavaScript enabled to view it., Fax: 254-870-9819.

19.              Sandra Robinson (“ROBINSON”) is an employee of The Delaney at Lake Waco, receptionist. Sandra Robinson, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, This email address is being protected from spambots. You need JavaScript enabled to view it., Fax: 254-870-9819.

20.              M. Margaret (“MARGARET”) is an employee of The Delaney at Lake Waco.  M. Margaret, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, This email address is being protected from spambots. You need JavaScript enabled to view it., Fax: 254-870-9819. 

21.              Dr. David Fedro (“FEDRO”) is an osteopath and a medical contractor of The Delaney at Lake Waco.  Dr. David Fedro, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, 254-651-1010, or 307 Live Oak Street, Marlin, Texas 76661, 254-803-3561, This email address is being protected from spambots. You need JavaScript enabled to view it., Fax: 254-870-9819.  He may also be reached at Falls Community Hospital/Clinic, 307 Live Oak Street, Marlin, Texas 76661, Fax: 254-883-6066, This email address is being protected from spambots. You need JavaScript enabled to view it..

22.              Barbara D. Weir (“WEIR”) is a nurse practitioner who is a medical contractor of The Delaney at Lake Waco.  Barbara D. Weir, The Delaney at Lake Waco, 2121 W State Highway 6, Waco, TX 76712, This email address is being protected from spambots. You need JavaScript enabled to view it., 254-651-1010.  She may also be reached at Fchc Rucker Rural Clinic, 200 N Pearl St, Mart, TX, 76664, 254-876-6400, Fax: 254-876-6401.

23.              Doug Dutschmann (“DOUG”) is a Defendant, son of Wanda Dutschmann.  Doug Dutschmann, PO Box 1000, Valley Mills, Texas 76689, 254-644-3283, This email address is being protected from spambots. You need JavaScript enabled to view it..  He may also be reached at Hatada Ranch, 150 FM-854, Valley Mills, TX 76689, 254-644-3283 or through sister Krissy Matthews at 254-498-0930 or sister Jill Perryman at 254-717-9594, This email address is being protected from spambots. You need JavaScript enabled to view it..  DOUG has four (4) children – Candi, Caitlin, Chasity, and Courtlin.  Candi has three sons.  Caitlin has two daughters.  Chasity has three boys and one girl.  Courtlin has two children.

24.              Michael Dutschmann (“MICHAEL”) is a Defendant, son of Wanda Dutschmann.  Michael Dutschmann, 1085 Rivercrest Road, Valley Mills, Texas 76689, 254-339-0165, This email address is being protected from spambots. You need JavaScript enabled to view it..  He may also be reached at, PO Box 1000, Valley Mills, Texas 76689.  MICHAEL has two sons, Utah and Pecos.  MICHAEL has one daughter named Terlingua.  Terlingua has a son.

25.              Kerri Jill Perryman (“JILL”) is a Defendant, daughter of Wanda Dutschmann.  Jill Perryman, c/o Doug Dutschmann, Hatada Ranch, 150 FM-854, Valley Mills, TX 76689, 254-644-3283, This email address is being protected from spambots. You need JavaScript enabled to view it..  JILL has seven (7) children – Joss, Jeston, Jacey, Jonna, Jaysa, Jade, and Javen.  Jacey has two sons and a daughter.

26.              Krissy Matthews (“KRISSY”) is a Defendant, daughter of Wanda Dutschmann.  Krissy Matthews, c/o Doug Dutschmann, 2504 Ryders Way, Waco, Texas 76712, 254-498-0930, This email address is being protected from spambots. You need JavaScript enabled to view it..  KRISSY has five (5) children – Skyler, Decklan, Gracie, Kalela, and Kezden. 

27.              City of Waco (“CITY”) is a Defendant.  City of Waco, 300 Austin Avenue, Waco, Texas 76702, 254-750-5600, Fax: 254-750-5748.

28.              Waco Police Department (“WPD”) is a Defendant.  Waco Police Department, 3315 Pine, Waco, Texas, 76708, 254-750-7500, Fax: 254-750-7676, This email address is being protected from spambots. You need JavaScript enabled to view it..

29.              Detective John Clark (“DETECTIVE CLARK”) is a Defendant.  Detective John Clark, Waco Police Department, 3315 Pine, Waco, Texas, 76708, 254-750-7500, Fax: 254-750-7676, This email address is being protected from spambots. You need JavaScript enabled to view it..

30.              Officer Tyler Green (“OFFICER GREEN”) is a Defendant. Officer Tyler Green, Waco Police Department, 3315 Pine, Waco, Texas, 76708, 254-750-7500, Fax: 254-750-7676, This email address is being protected from spambots. You need JavaScript enabled to view it..

31.              Officer Paul Law (“OFFICER LAW”) is a Defendant.  Officer Paul Law, Waco Police Department, 3315 Pine, Waco, Texas, 76708, 254-750-7500, Fax: 254-750-7676, This email address is being protected from spambots. You need JavaScript enabled to view it..

32.              American Medical Response (“AMR”) is a Defendant.  American Medical Response, 6800 Woodway Drive, Woodway, Texas 76712, 833-267-9226, Fax: 833-922-3292, This email address is being protected from spambots. You need JavaScript enabled to view it..

33.              Does 1- 1000 are unknown at this time.

FACTUAL BACKGROUND

34.              Wanda Dutschmann (“GREAT-GRANDMA”) was born 4/11/1939.  She has five children, 23 grandchildren, and 16 great-grandchildren.

35.              GREAT-GRANDMA was married to Floyd Dutschmann on June 7, 1958.

36.              MARCIE cared for her grandmother and great grandmother.  From 1981 to 1985, Lydia Dutschmann, Marcie’s paternal grandmother, was cared for by MARCIE in her home.  From 1992 to 1995, Arlene Standrdidge, GREAT-GRANDMA’s mother, came down with Alzheimer’s, and Marcie took Arlene into Marcie’s home and cared for her. 

37.              On or about 4/15/2013, GREAT-GRANDMA was placed in Westview Manor, a nursing home in McGregor, Texas.  MARCIE’s sister-in-law, Sheila Dutschmann, now separated from DOUG, decided GREAT-GRANDMA needed to be there.  According to McLennan County records, GREAT-GRANDMA had no will, power of attorney, or medical power of attorney.

38.              On 6/19/2019, Floyd Dutschmann died. 

39.              According to McLennan County records, GREAT-GRANDMA had no power of attorney from 4/11/1939 to 9/8/2019.

40.              On 9/8/2019, a Statutory Durable Power of Attorney was filed in McLennan County claiming to make DOUG Dutschmann the attorney-in-fact for GREAT-GRANDMA. [EXHIBIT 1.] [1]  It did not name a co-agent.  It states that authority ceases upon notice of termination.  Upon information and belief, it was not legally notarized, and it may be forgery.  GREAT-GRANDMA did not have a photo ID.  It was terminated on 12/21/2021, if not before.

41.              On 10/15/2019, a Statutory Durable Power of Attorney was filed in McLennan County claiming to make Michael Dutschmann the attorney-in-fact for GREAT-GRANDMA. [EXHIBIT 2.]  This was done as DOUG had resigned.  JILL and KRISSY were upset that DOUG had done this, and they felt he had tricked GREAT-GRANDMA.  It did not name a co-agent.  It states that authority ceases upon notice of termination.  It was terminated on 12/21/2021.  Upon information and belief, it was not legally notarized, and it may be forgery.  GREAT-GRANDMA did not have a photo ID that is usually required by notaries.  MICHAEL has said he doesn’t want to have power of attorney. [EXHIBIT 71.]  MICHAEL hung up on GREAT-GRANDMA when she asked to speak with him. [EXHIBIT 70.]

42.              On 12/23/2020, GREAT-GRANDMA was moved to The Delaney.  The PLAINTIFF encouraged the move because of what she read about THE DELANEY.  It was hyped as Heaven on Earth.  The front page of the website claims:

At The Delaney, you live the life you want to live. You’ll stay connected to the entire Waco area and be close to the ones you love. You’ll also enjoy all the advantages of residing in a welcoming senior living community that nourishes your well-being and supports the interests and passions that bring meaning to your life.

“This is a place where you can truly be you. Your very best you.

“Our LifeSTYLE Promise -- The Delaney’s commitment to giving you choice, flexibility, and control over everything you do -- guarantees it. And our senior Health and Wellness Navigation team will ensure that you have everything you need -- both now and when medical challenges may arise -- to live your very best life.”

43.              This is false advertising at its very worse by THE DELANEY, LCS-WACO, and LCC.  Upon information and belief, GREAT-GRANDMA is paying $3,900 per month for the abuse at THE DELANEY.  Upon information and belief, MICHAEL and DOUG have been using GREAT-GRANDMA’s inheritance to pay this rather than Medicare, Medicaid, Social Security, or the rental trailer on her property.  The PLAINTIFF will investigate whether THE DELANEY is paying a kickback to one or both of the Dutschmann boys (DOUG and MICHAEL) for moving GREAT-GRANDMA from a beautiful $2,000 room to a $3,900 tiny dump of a room.  (See EXHIBIT 232, Pages 2-6.)

44.              MARCIE lives in Amarillo Texas, visits GREAT-GRANDMA when she can, and speaks with her on the phone a lot.  MARCIE is the 24/7/365 caregiver for her two special needs sons, Hunter and Logan.  MARCIE wants to care for GREAT-GRANDMA in her home, but the home is too small with MARCIE and her husband, William, now sleeping in the living room.  MARCIE is now looking for a larger home so GREAT-GRANDMA can be happier and cared for.

45.              Doug Dutschmann and Michael Dutschmann live in the Waco area and have seized control of GREAT-GRANDMA.  This is so they have control of her money and assets.

46.              GREAT-GRANDMA received $100,000 in insurance proceeds from a life insurance policy on Floyd Dutschmann.  DOUG seized the money and has spent it for unauthorized purposes.

47.              Doug Dutschmann and Michael Dutschmann have seized control of Wanda Dutschmann’s real property by filing Deeds with McLennan County. [EXHIBITS 3, 4, 5, and 6.]  DOUG and MICHAEL have not returned the Deeds to GREAT-GRANDMA’s name.  DOUG has been enjoying $500 per month from rental of a trailer on a piece of the property.  GREAT-GRANDMA executed a letter on 1/21/2021 expressing one of her wishes on the property. [EXHIBIT 7.]  Her other wishes are expressed in her Will [EXHIBIT 11].

48.              MARCIE obtained expensive hearing aids for GREAT-GRANDMA, but she was unable to use them.  Her ears are severely impacted with wax, and Scott BUSHONG falsely claims they are not.  MARCIE retained Josh Guerra of Heritage Mobile Hearing to go see GREAT-GRANDMA.  He reported that GREAT-GRANDMA’s ears were badly impacted.  He took ear impressions and ear molds on 10/7/2021, and he did a video Otoscope to show and capture video of the deep impactions.  He reported that the staff of The Delaney did not seem to care and appeared to be abusing GREAT-GRANDMA.  He said they were making GREAT-GRANDMA sit in her feces.  Josh Guerra had to go demand that The Delaney clean her up.  [EXHIBITS 39, 40.]

49.              Upon information and belief, GREAT-GRANDMA’s hearing was never checked by THE DELANEY or their doctors and nurses.  No one ever installed the hearing aids or showed GREAT-GRANDMA how to use them until MARCIE hired Heritage Mobile Hearing.  MARCIE instructed THE DELANEY to secure them every night, but upon information and belief, THE DELANEY did not.  THE DELANEY will not put the drops in her ears that are needed for her ears to be cleaned out.  The hearing aid has been stolen or lost.  An aid at THE DELANEY told MARCIE that she was told to tell MARCIE that GREAT-GRANDMA threw them away.  GREAT-GRANDMA assures MARCIE that never happened.

50.              No one has ever taken action to clear the wax from GREAT-GRANDMA’s ears. [EXHIBITS 36, 37, 38, 75, 47, and many others.]

51.              GREAT-GRANDMA has been placed in the mental unit at THE DELANEY.  Upon information and belief, no doctor has ever documented she had dementia.  GREAT-GRANDMA does not have dementia.

52.              On one occasion, GREAT-GRANDMA experienced extreme heart pain, and she hollered for help from The Delaney for what she said seemed like three hours.  GREAT-GRANDMA thought she was going to die.

53.              GREAT-GRANDMA has suffered mental and psychological abuse at THE DELANEY.  MORRISON, an “aid” at The Delaney is especially mean to GREAT-GRANDMA.  CONNIE at The Delaney has ignored GREAT-GRANDMA’s needs.

54.              GREAT-GRANDMA has suffered neglect by The Delaney.

55.              GREAT-GRANDMA has been denied food.  GREAT-GRANDMA has been so weak that she could not wheel herself to the cafeteria, and The Delaney does not regularly bring food to her.  There is no food in her room.  GREAT-GRANDMA has reported the food provided is often unappetizing and sometimes inedible.

56.              GREAT-GRANDMA has been denied water.  There is no water in GREAT-GRANDMA’s room at The Delaney.

57.              GREAT-GRANDMA has been denied assistance with personal hygiene at The Delaney.  She has been allowed to sit in her feces.  She has been allowed to go many days at a time without a bath or a change of clothing.  MARCIE has bought nice clothing for GREAT-GRANDMA that has been stolen.

58.              GREAT-GRANDMA has been denied medical care.  The only “doctor” at The Delaney is a Doctor of Osteopathy, David FEDRO.  Merriam-Webster defines “osteopathy” as “a system of medical practice based on a theory that diseases are due chiefly to loss of structural integrity which can be restored by manipulation of the parts.”  These so-called “doctors” have no expertise or business being around elderly people.  BUSHONG and CLARIDY of The Delaney appear to have practiced medicine without a license by claiming nothing is wrong with GREAT-GRANDMA.  Barbara WEIR has ignored GREAT-GRANDMA’s medical needs.

59.              GREAT-GRANDMA is housed in what is called the “Memory Care” unit at THE DELANEY.  The website for THE DELANEY claims “Memory Care” is for those with Alzheimer’s disease and other related dementias.  GREAT-GRANDMA has never been diagnosed with either, and upon information and belief, THE DELANEY has never provided GREAT-GRANDMA with the so-called “memory care program.”

60.              Upon information and belief, THE DELANEY may be treating GREAT-GRANDMA as if she is in “hospice.”  There’s nothing wrong with GREAT-GRANDMA that would qualify her for “hospice.”  The Center for Disease Control defines hospice: “Hospice is a special model of care for patients who are in the late phase of an incurable illness and wish to receive end-of-life care at home or in a specialized care setting.”  The DELANEY may claim this as justification for why GREAT-GRANDMA sits every day looking at the walls in a room that looks like a janitor’s closet.

61.              GREAT-GRANDMA has been denied services by The Delaney to meet her physical, mental, and psychosocial needs.

62.              GREAT-GRANDMA has been denied a way to communicate with the staff of The Delaney for help except by screaming.  There is no intercom; there is no cord that can be pulled for help; there is no call button; there is no telephone.  There isn’t even a tin can with a waxed string.

63.              GREAT-GRANDMA had a cellphone, but DOUG took it away from her.

64.              GREAT-GRANDMA is not safe at The Delaney.  The PLAINTIFF has worked diligently trying to save GREAT-GRANDMA from this danger and abuse.  There is no one else to help her.  The DEFENDANTS have conspired to block the PLAINTIFF.  GREAT-GRANDMA has made it clear that she is countin g on MARCIE to save her.

65.              GREAT-GRANDMA has called MARCIE many times crying and discussing problems.  MARCIE has many audio recordings of this.

66.              GREAT-GRANDMA asked MARCIE to become her power of attorney, and she asked MARCIE’s help in preparing a will.  GREAT-GRANDMA has never had a will. MARCIE did as she was asked.

67.              MARCIE came to The Delaney on 12/18/2021 to see GREAT-GRANDMA.  She discovered her ears are badly impacted.  She had no food or water.  She hadn’t had a bowel movement in over a week, and her stomach was hurting badly.  Her hearing aids were missing, and she can’t hear properly. [EXHIBIT 41.] [EXHIIT 43.]

68.              On 12/18/2021, when MARCIE visited GREAT-GRANDMA at THE DELANEY, GREAT-GRANDMA’s roommate, Barbara H, was found lying on the floor in a diaper. [EXHIBIT 8.]  GREAT-GRANDMA told MARCIE that she has fallen just like Barbara multiple times in the bathroom and in the room.  Other residents were standing around and came in the room and told MARCIE this woman falls all the time, and THE DELANEY does nothing.  The so-called “aids” just holler at them to get up.  It was very clear that Barbara H could not get up or help herself.  MORRISON just kept yelling for her to get up!  She finally jerked her up and never checked to see if she was injured.  GREAT-GRANDMA told MARCIE that MORRISON is THE DELANEY employee who treats her mean every day. 

69.              On 12/18/2021, GREAT-GRANDMA executed a Statutory Durable Power of Attorney, a Medical Power of Attorney, and a Will.  The Delaney refused to provide a notary or witnesses.  MARCIE arranged a notary and witnesses, but The Delaney refused access. [EXHIBITS 9, 10, and 11.]  GREAT-GRANDMA had the mental ability to make a rational decision.  She had the ability to perceive, appreciate all relevant facts, and to reach a rational judgment upon such facts.  MARCIE has an obligation to care for the mother she loves dearly.  DEFENDANTS have wrongfully interfered with MARCIE’s right and duty.  GREAT-GRANDMA amended the Last Will and Testament that she will sign in front of witnesses. [EXHIBIT 233.]

70.              On 12/18/2021, when MARCIE visited GREAT-GRANDMA for about four hours, she said she did not have diapers.  She needed pull-ups.  GREAT-GRANDMA called KRISSY to bring her diapers.  KRISSY never called back.  MARCIE called KRISSY about this, and she never called back.

71.              On 12/19/2021 and 12/20/2021, MARCIE visited GREAT-GRANDMA.

72.              On 12/21/2021, William M. Windsor (“WINDSOR”) contacted CLARIDY and BUSHONG of The Delaney.  They refused to wheel GREAT-GRANDMA to the front door where two witnesses and a notary were arranged to do their jobs.  BUSHONG refused to transport GREAT-GRANDMA to the front door or front porch.  The people who had been hired were sent home. [EXHIBIT 232.]

73.              On 12/21/2021, ROBINSON, BUSHONG, and CLARIDY claimed THE DELANEY was being locked down due to COVID.  This was a lie.  Others got in.

74.              The PLAINTIFF has a legal obligation to remove GREAT-GRANDMA from a dangerous environment.  DEFENDANTS have wrongfully interfered with MARCIE’s legal obligation.

75.              On 12/21/2021, the PLAINTIFF made a report of Elder Abuse to the Texas Department of Children and Families.  The reference number is 75740225.  Alicia took the report; her code is 5620. [EXHIBIT 50.]  This must now be updated.

76.              On 12/21/2021, the PLAINTIFF made a report of Elder Abuse to HHSC, Report Number 321546.  Stephanie took the report. [EXHIBIT 48.]  This must now be updated.

77.              On 12/21/2021, the PLAINTIFF was finally allowed to see GREAT-GRANDMA again out in the courtyard.  GREAT-GRANDMA executed a Withdrawal of Power of Attorney that withdrew all rights to Michael Dutschmann or DOUG Dutschmann. [EXHIBIT 12.]  GREAT-GRANDMA was VERY clear in what she was doing.

78.              On 12/21/2021, the PLAINTIFF went to the McClennan County Clerk’s Office to file the Statutory Durable Power of Attorney executed by GREAT-GRANDMA, but she was denied as it has not yet been notarized.

79.              On 12/22/2021, the PLAINTIFF gave GREAT-GRANDMA’s Withdrawal of Power of Attorney for Michael Dutschmann to The Delaney. [EXHIBIT 12.]  The Delaney refuses to recognize its validity.  Texas Statute Chapter 752 does not require notarization of a withdrawal. [EXHIBIT 13.]  Page 1 of the 2019 Statutory Durable Power of Attorney states: “Unless you specify otherwise…the attorney-in-fact’s authority will continue until (1) you die or revoke the power of attorney.”  Pages 4 and 5 of the 2019 Statutory Durable Power of Attorney state:

Termination of Agent’s Authority



“You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney.  An event that terminates this power of attorney or your authority to act under this power of attorney includes:



“(2) the principal’s revocation of this power of attorney or your authority;”



80.              On 12/22/2021, the PLAINTIFF notified Michael Dutschmann in person that his power-of-attorney had been terminated by GREAT-GRANDMA.  WINDSOR notified Michael Dutschmann by telephone that his power-of-attorney had been terminated by GREAT-GRANDMA. [EXHIBIT 232.]

81.              On 12/22/2021, the PLAINTIFF coordinated a notary, two paid witnesses, grandson Hunter Tyler Schreck, and old friend Betty Elliott (“BETTY”) to meet her at The Delaney for the signing, witnessing, and notary work.  ClaRIdy of The Delaney told the PLAINTIFF they were bringing GREAT-GRANDMA down.  They never did. 

82.              On 12/22/2021, Paula SMITH of The Delaney claimed GREAT-GRANDMA has Dementia, and they will not honor the Medical Power of Attorney GREAT-GRANDMA gave to the PLAINTIFF.  This is on a tape recording. [EXHIBIT 56.]  The employees of THE DELANEY have blatantly conspired with MICHAEL, DOUG, KRISSY, and JILL.

83.              The PLAINTIFF was prepared to call 911 for the police and an ambulance, but she held off because ClaRIdy told her GREAT-GRANDMA was on the way down.  This was all a fraud to buy time for The Delaney to call 911 before the PLAINTIFF did.  That gave THE DELANEY control of the police.  KRISSY arrived and told anyone who would listen that MARCIE was psychotic.  KRISSY is not a doctor, but she has had several stays in mental hospitals.  Sister JILL had also spent time in a mental hospital.  MARCIE has never been committed to a mental hospital.  the PLAINTIFF has a one-hour-and-30-minutes recording of the time of her arrival at THE DELANEY until she departed. [EXHIBIT 53.]

84.              On 12/22/2021, The Delaney called 911 and charged senior citizens MARCIE (age 62) and Betty Elliott (“BETTY”) (age 79) with criminal trespassing as they waited for GREAT-GRANDMA to be brought down.  Detective Clark and Officer Green of the Waco Police Department told MARCIE and Betty Elliott that they were being issued a Criminal Trespass.  They instructed MARCIE and BETTY to give them their driver’s license.  They gave their names and showed their licenses, but they refused to surrender their licenses as they were being unlawfully seized and detained. [EXHIBIT 53.]

85.              On 12/22/2021, MICHAEL and KRISSY showed up at THE DELANEY.  Upon information and belief, they had to have been called by THE DELANEY. 

86.              On 12/22/2021, WINDSOR spoke with the PLAINTIFF and the police officers by speakerphone.  Detective Clark claimed GREAT-GRANDMA said she was fine.  GREAT-GRANDMA did later acknowledge to MARCIE that she was frightened by police everywhere and didn’t know why they were asking.  She said she was fine, meaning no one had tried to assault her, rape her, or kill her.  GREAT-GRANDMA was not asked specific questions.

87.              On 12/22/2021, Detective Clark claimed a medical person examined GREAT-GRANDMA and said she was fine.  GREAT-GRANDMA reports she was never examined.  Detective Clark admitted that GREAT-GRANDMA’s inability to have a bowel movement for six days was not addressed.  Detective Clark admitted that GREAT-GRANDMA’s ears were not examined. [EXHIBIT 53.]  The PLAINTIFF later learned that the ambulance was with AMR.  AMR never spoke with MARCIE or anyone with the group she had assembled.

88.              On 12/22/2021, Detective Clark and Officer Green of the Waco Police Department said this was a civil matter, not a criminal matter, but threatened MARCIE and BETTY with charges for disturbing the peace if they didn’t leave.  MARCIE and BETTY left after being harassed, threatened, and denied access to GREAT-GRANDMA. [EXHIBIT 53.]  It actually is a criminal matter.  Many crimes have been committed.  MICHAEL told the officers: “do not take her to the hospital.”

89.              According to the Records Department for the WPD, there was no report filed.  The 911 call was not made by MARCIE; it was The Delaney.

90.              Texas Penal Code Section 42.01 is the law regarding disorderly conduct.  There is no such thing as a crime of disturbing the peace.  Neither MARCIE nor BETTY committed any of the acts specified in the Penal Code, but THE DELANEY violated this:

(a) A person commits an offense if he intentionally or knowingly: (4) abuses or threatens a person in a public place in an obviously offensive manner;”

91.              Neither MARCIE nor BETTY did any such thing, and they have five witnesses as well as audio recordings. [EXHIBIT 53.]

92.              Detective Clark and Officer Green committed several violations of the law, and they kept GREAT-GRANDMA at risk.

93.              On 12/23/2021, a complaint was made by MARCIE to the Texas Attorney General's Medicaid Fraud Control Unit.

94.              On 12/23/2021 at 2:46 p.m., KRISSY sent a text message to MARCIE’s husband claiming MARCIE was causing a huge disturbance. [EXHIBIT 14.]  She said MARCIE will be arrested if she comes to THE DELANEY again.  KRISSY claimed MICHAEL has power of attorney, which he does not.  KRISSY said “me, Jill, Michael, and Doug have all written letters saying we don’t want MARCIE to come on the premises of THE DELANEY because of her causing a huge disturbance, upsetting mama and causing her stress and falsely accusing Delaney of abusing mama.”  MARCIE doesn’t know about the letters, but the rest is all false.  MARCIE has tape recordings and witnesses to prove it.  KRISSY claims MICHAEL is filing a restraining order against MARCIE.  KRISSY’s actions constitute intentional infliction of emotional distress.

95.              On 12/23/2021, MARCIE called THE DELANEY to speak to GREAT-GRANDMA.  MORROW said she had no number for her.  Then she told her she should call her sister and brother. [EXHIBIT 55.]

96.              On 12/23/2021, the PLAINTIFF called THE DELANEY to see if she could come see GREAT-GRANDMA.  MORROW said she needed to talk to Paula SMITH.  SMITH said she may not.  This constitutes intentional infliction of emotional distress.  DOUG, MICHAEL, and KRISSY said she is not allowed and is causing a disturbance and is upsetting GREAT-GRANDMA.  THE DELANEY will be calling the authorities if MARCIE shows up. [EXHIBIT 56.]

97.              On 12/23/2021 at approximately 4:40 p.m., a complaint was made in person to the WPD by the PLAINTIFF for elder abuse and a request for an ambulance to go to THE DELANEY to take GREAT-GRANDMA to the hospital.  The PLAINTIFF went to the WPD and met with Officer Law.  He spoke by telephone with GREAT-GRANDMA who told him she needed to go to the hospital and did not want to stay at The Delaney.  Officer Law spoke with WINDSOR by telephone and with the PLAINTIFF in person.  Officer Law left the room to speak with his sergeant.  He said that since AMR Ambulance did not find anything wrong, the police would do nothing.  GREAT-GRANDMA said she never saw an ambulance person and was never examined.  Officer Law violated GREAT-GRANDMA’s rights and failed to protect her.

98.              On 12/23/2021 at 9:43 p.m., MARCIE submitted the original petition for emergency temporary restraining order and complaint for elder abuse with the McLennan County District Court using eFileTexas. [EXHIBIT 15.]  It was never processed by the Clerk of Court, so it was deleted and another was filed on 12/26/2021.

99.              On 12/24/2021, the PLAINTIFF returned to Amarillo as she could not reach anyone on the holiday weekend to help save GREAT-GRANDMA.

100.          On 12/24/2021, WINDSOR called THE DELANEY and spoke to the receptionist, Sandra ROBINSON.  He asked to speak to the manager in charge.  ROBINSON said no one had come in, but she said she would give the message to the first one in.  No one ever called.  WINDSOR called ROBINSON again, and she sent him to voice mail.  Subsequent calls to THE DELANEY were not answered and were immediately sent to a recorded message or ringing that repeated again and again.  WINDSOR pressed *67 and called again.  ROBINSON immediately answered as *67 blocked Caller ID.  WINDSOR disguised his voice and asked for a fax number.  ROBINSON gave him 254-870-9819.  In his regular voice, WINDSOR then asked ROBINSON why she was denying his calls.  She said she was very busy.  Windsor says ROBINSON is a liar.

101.          On 12/24/2021 just after noon, the PLAINTIFF faxed a letter to GREAT-GRANDMA at 254-870-9819. [EXHIBIT 16.]  The Fax Transmission was successful.  The PLAINTIFF spoke to GREAT-GRANDMA at about 4 p.m., and she had not been given the faxed letter.

102.          On 12/24/2021, the PLAINTIFF called the Ombudsman at 800-252-2412, but they were closed for the holidays.  A message was left with the complaint.

103.          Since 12/24/2021, neither the PLAINTIFF nor WINDSOR have been allowed to call The Delaney.  They intercept their calls and route them to a continual ringing.

104.          On 12/24/2021, WINDSOR called the attorney for LCC and left a voice mail. [EXHIBIT 232.]

105.          On 12/24/2021, WINDSOR sent an online email to LCC. [EXHIBIT 232.]

106.          On 12/25/2021, WINDSOR called THE DELANEY. There was no answer; the phone just rang for minutes. [EXHIBIT 232.]  Upon information and belief, this was intentional because they recognized WINDSOR’s Caller ID.

107.          On 12/25/2021 just before noon, the PLAINTIFF called THE DELANEY. There was no answer; the phone just rang for minutes.  Upon information and belief, this was intentional because they recognized the PLAINTIFF’s Caller ID.

108.          On 12/25/2021, WINDSOR sent an email to the attorney for LCC and included the Petition filed on 12/23/2021. [EXHIBIT 17.]

109.          On 12/25/2021 at 9:11 p.m., WINDSOR sent a fax for the PLAINTIFF to GREAT-GRANDMA at THE DELANEY. [EXHIBIT 18.]  The Fax Confirmation shows it was successfully transmitted.

110.          On 12/25/2021 at 10:12 p.m., WINDSOR sent a fax for the PLAINTIFF to GREAT-GRANDMA at THE DELANEY. [EXHIBIT 19.]  The Fax Confirmation shows it was successfully transmitted.

111.          On 12/25/2021, GREAT-GRANDMA confirmed she had not been given any faxed letter.

112.          On 12/26/2021, GREAT-GRANDMA called the PLAINTIFF three times.  She called on her own; she wanted to know what was going on; and would MARCIE still help her.  She did not receive the faxed letter ever.  None of the family had been to see her.  She asked MARCIE to take her to the Scott & White Hospital.  She reported that her bowels had not been cleaned out, and nothing had been done to her ears.  She reported that she doesn’t have her hearing aids.

113.          On 12/26/2021, the PLAINTIFF called THE DELANEY several times attempting to reach GREAT-GRANDMA.  MORROW hung up on her twice and then her calls rang forever without an answer.

114.          On 12/26/2021, WINDSOR called THE DELANEY several times attempting to reach GREAT-GRANDMA.  His calls rang forever without an answer.  The last attempt rang for 28 minutes. [EXHIBIT 232.]

115.          On 12/26/2021, the PLAINTIFF sent a fax to ALMA MORROW of THE DELANEY. [EXHIBIT 20.]

116.          On 12/26/2021, WINDSOR sent a fax to ALMA MORROW of THE DELANEY. [EXHIBIT 21.] [EXHIBIT 232.]

117.          On 12/26/2021, WINDSOR sent a fax to Joel D. NELSON of LCC. [EXHIBIT 22.] [EXHIBIT 232.]

118.          On 12/26/2021, WINDSOR sent a fax to Bridgette Uhlemann of LCC. [EXHIBIT 23.] [EXHIBIT 232.]

119.          On 12/26/2021, GREAT-GRANDMA still had not received diapers or pull-ups.

120.          On 12/26/2021, the original Petition and Complaint was filed in this case.

121.          On 12/26/2021, the original Petition and Complaint was faxed to all of the DEFENDANTS at THE DELANEY. [EXHIBIT 24.]

122.          On 12/26/2021, the original Petition and Complaint was faxed to the Registered Agent for THE DELANEY. [EXHIBIT 25.]

123.          On 12/26/2021, the original Petition and Complaint was faxed to AMR. [EXHIBIT 26.]

124.          On 12/26/2021, the original Petition and Complaint was emailed to JILL for JILL, KRISSY, MICHAEL, and DOUG. [EXHIBIT 27.]

125.          On 12/26/2021, the original Petition and Complaint was emailed to DETECTIVE CLARK, OFFICER GREEN, and OFFICER LAW. [EXHIBIT 28.]

126.          On 12/27/2021, WINDSOR sent a fax to The Delaney at Lake Waco.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 212.] [EXHIBIT 232.]

127.          On 12/27/2021, WINDSOR sent an email to Scott Bushong, Paula Smith, and The Delaney at Lake Waco titled “Wanda Dutschmann Payment Information.”  It included Notice of January 5 Hearing; Withdrawal of the Powers of Attorney to Michael and Doug Dutschmann; Petition and Exhibits; Medical Power of Attorney; new Statutory Durable Power of Attorney; and GREAT-GRANDMA’s Last Will and Testament. [EXHIBIT 211.]   There was no response. [EXHIBIT 232.]

128.          On 12/27/2021, WINDSOR sent a fax to Life Care Companies and Joel Nelson.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 213.] [EXHIBIT 232.]

129.          On 12/27/2021, WINDSOR sent a fax to the WPD.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 214.] [EXHIBIT 232.]

130.          On 12/27/2021, WINDSOR sent a fax to AMR.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 215.] [EXHIBIT 232.]

131.          On 12/27/2021, WINDSOR sent a fax to Mayor Dillon Meek - City of Waco.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 216.] [EXHIBIT 232.]

132.          On 12/27/2021, WINDSOR sent a fax to Dr. David Fedro.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 217.] [EXHIBIT 232.]

133.          On 12/27/2021, WINDSOR sent a fax to Dr. David Fedro.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 218.] [EXHIBIT 232.]

134.          On 12/27/2021, WINDSOR sent a fax to Barbara Weir.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 219.] [EXHIBIT 232.]

135.          On 12/27/2021, WINDSOR sent a fax to Barbara Weir.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 220.] [EXHIBIT 232.]

136.          On 12/27/2021, WINDSOR sent a fax to AMR.  It said: “Please take Wanda Dutschmann in Room 1004 to Baylor Scott & White immediately.”  The fax was successfully transmitted.  No one ever did what was asked, and no one ever responded. [EXHIBIT 221.] [EXHIBIT 232.]

137.          On 12/28/2021, WINDSOR sent a fax to Susan Briones, purported attorney for The Delaney and others in that line of business.  Susan Briones ignored much of this. [EXHIBIT 222.]  It sent her a copy of Wanda Dutschmann’s withdrawal of powers of attorney to Michael and Doug Dutschmann.  Susan Briones acknowledged receipt of this email in her email to WINDSOR on 12/28/2021. [EXHIBIT 223.]  Yet on 1/3/2022, Susan Briones filed a copy of that void power of attorney with this Court claiming falsely and maliciously it was in effect. [EXHIBIT 232.]

138.          On 12/29/2021, WINDSOR sent an email to Susan Briones with the Withdrawal of the powers of attorney for Michael and Doug. [EXHIBIT 140.] [EXHIBIT 232.]

139.          On 12/30/2021, the PLAINTIFF sent a Federal Express package to Wanda Dutschmann at The Delaney.  It included a cover letter in an envelope addressed to Wanda Dutschmann.  It included a stamped envelope to Michael Dutschmann containing a letter Wanda Dutschmann was to sign and mail to him.  It also included a stamped envelope to The Delaney containing a letter Wanda Dutschmann was to sign and mail to The Delaney.  It also contained an additional copy of the letters to Michael and The Delaney for Wanda to sign and give to Marcie. [EXHIBIT 226.]  EXHIBIT 227 is the receipt. [EXHIBIT 232.]

140.          On 12/31/2021, the Federal Express package was delivered. [EXHIBIT 228.]

141.          On 1/2/2022 at approximately 12:01 p.m., WINDSOR played a recording for the LCS voice mail from GREAT-GRANDMA.  GREAT-GRANDMA made it very clear that she had revoked all powers of attorney for Michael Dutschmann and Doug Dutschmann. [EXHIBIT 232.]

142.          On 1/2/2022 at approximately 12:03 p.m., WINDSOR played a recording from GREAT-GRANDMA for the voice mail of attorney Susan Briones.  GREAT-GRANDMA made it very clear that she had revoked all powers of attorney for Michael Dutschmann and Doug Dutschmann. [EXHIBIT 232.]

143.          On 1/2/2022 at approximately 12:11 p.m., WINDSOR played a recording from GREAT-GRANDMA for Jill Perryman.  Her mother, GREAT-GRANDMA, made it very clear that she had revoked all powers of attorney for Michael Dutschmann and Doug Dutschmann. [EXHIBIT 232.]

144.          On 1/2/2022 at approximately 12:12 p.m., WINDSOR played a recording from GREAT-GRANDMA for Krissy Matthews.  Her mother, GREAT-GRANDMA, made it very clear that she had revoked all powers of attorney for Michael Dutschmann and Doug Dutschmann. [EXHIBIT 232.]

145.          On 1/2/2022 at approximately 1:58 p.m., WINDSOR played a recording from GREAT-GRANDMA for the voice mail of attorney Susan Briones.  GREAT-GRANDMA made it very clear that she had revoked all powers of attorney for Michael Dutschmann and Doug Dutschmann. [EXHIBIT 232.]

146.          On 1/2/2022 at approximately 2:04 p.m., WINDSOR played a recording from GREAT-GRANDMA for the voice mail of Joel Nelson, CEO of LCC.  GREAT-GRANDMA made it very clear that she had revoked all powers of attorney for Michael Dutschmann and Doug Dutschmann. [EXHIBIT 232.]

147.          On 1/2/2022 at approximately 2:07 p.m., WINDSOR played a recording from GREAT-GRANDMA for the voice mail of Bridgette Uhlemann, in-house counsel for LCC and registered agent for LCS Waco Operations, owner of THE DELANEY.  GREAT-GRANDMA made it very clear that she had revoked all powers of attorney for Michael Dutschmann and Doug Dutschmann. [EXHIBIT 232.]

148.          On 1/2/2022 at approximately 4:33 p.m., WINDSOR played a recording for Scott Bushong’s voice mail from GREAT-GRANDMA.  WINDSOR conveyed that GREAT-GRANDMA is being unlawfully restrained.  Scott Bushong never returned his call. [EXHIBIT 232.]

149.          On 1/2/2022 at approximately 4:38 p.m., WINDSOR tried to play GREAT-GRANDMA’s recording to The Delaney, but his call was blocked. [EXHIBIT 232.]

150.          On 1/2/2022 at approximately 4:43 p.m., WINDSOR played a recording for Barbara Weir’s voice mail from GREAT-GRANDMA.  Barbara Weir never returned WINDSOR’s call. [EXHIBIT 232.]

151.          On 1/2/2022 at approximately 4:50 p.m., WINDSOR called American Medical Response, the ambulance service for the City of Waco.  WINDSOR had called before with no help at all.  But on the 2nd, WINDSOR reached KayKay.  She was as sweet as could be.  She listened patiently and was shocked by what was going on at The Delaney.  She said she would dispatch an ambulance and call the police to send someone out for a welfare check on Wanda Dutschmann. [EXHIBIT 232.]

152.          KayKay reported that the ambulance was there, but there was a delay.  WINDSOR felt he knew what that meant – liars from The Delaney denying GREAT-GRANDMA her medical right to go to the hospital.

153.          GREAT-GRANDMA called Marcie and WINDSOR a little later on 1/2/2022 to say: “…the police came, but they didn’t save me.”  “They had the the the thing that you lay down on, whatever you call it, but they took it with them.”  GREAT-GRANDMA felt like she was inches from freedom.  But she was heartbroken when she reported that someone from The Delaney spoke to the ambulance people and the officers, and they took the stretcher but left her behind.  There is an audio recording of this, but it was received too late to make the Flash Drive of evidence filed so far.  The first 2:11 of EXHIBIT 210 tells the important part of the story. [EXHIBIT 232.]

154.          On 1/2/2022 at 9:43 pm., WINDSOR sent an email to Defendants. [EXHIBIT 225.]  WINDSOR attached the audio recording of GREAT-GRANDMA saying Dr. Fedro had not examined her.  GREAT-GRANDMA was never seen by Dr. Fedro or any doctor. [EXHIBIT 133.]  Upon information and belief, someone impersonated Dr. Fedro to the police.  If it wasn’t for this impersonator, GREAT-GRANDMA would have made it to the hospital, and her documents would have been witnessed and notarized there.  WINDSOR reported criminal complaints against The Delaney.  A demand was made on Michael Dutschmann for financial information. [EXHIBIT 232.]

155.          On 1/2/2022 at 11:20 pm., WINDSOR sent an email to Defendants.  WINDSOR attached the audio recording of Sergeant Mitzel of the WPD saying he spoke with Defendant Dr. Fedro who told him he evaluated Wanda Dutschmann this day and there was no reason to go to the ER. [EXHIBIT 224.]  GREAT-GRANDMA says she was never seen by Dr. Fedro or any doctor. [EXHIBIT 133.]  Upon information and belief, someone impersonated Dr. Fedro to the police.  If it wasn’t for this impersonator, GREAT-GRANDMA would have made it to the hospital, and her documents would have been witnessed and notarized there. [EXHIBIT 232.]

156.          On the evening of 1/3/2022, GREAT-GRANDMA called to report that her mail had been “intercepted.”  GREAT-GRANDMA wheeled herself down to the lobby where there can sometimes be snacks.  She was expecting mail from Marcie, so when she saw several envelopes addressed to residents laying on the counter, she looked at the addresses to see if any were for her.  Hidden under the stack, she found an envelope without a stamp on it that was addressed to her.

157.          On 1/4/2022, the PLAINTIFF sent an email to Defendants saying: “My Federal Express shipment to my mother, Wanda Dutschmann, was taken by someone with The Delaney at Lake Waco.  I demand it be immediately returned by delivering it to my mother and calling me on the phone so I can speak with her while one of the Delaney Defendants is present.  Mom will sign the letter to The Delaney and hand it to the Delaney Defendant.  She will also sign the letter to Michael Dutschmann, and The Delaney must have it delivered to him personally before the hearing on Wednesday.  M. Margaret signed for it on 12/31.  One or more people opened Mom's package, hid a letter to her, and took two stamped letters that were in her FedEx envelope.  This is conversion as well as theft. [EXHIBIT 231.]

158.          On 1/3/2022, WINDSOR called Scott Bushong and left this demand from the PLAINTIFF for him. [EXHIBIT 232.]

159.          On 1/3/2022, the PLAINTIFF sent an email to Defendants demanding return of her stolen FedEx shipment. [EXHIBIT 230.]

160.          On 1/4/2022, WINDSOR sent an email to Defendants about the burglary at The Delaney and the many crimes in this case. [EXHIBIT 229.] [EXHIBIT 232.]

161.          DEFENDANTS have contacted the PLAINTIFF’s children and her husband attempting to cause emotional distress. 

162.          The PLAINTIFF has been unable to obtain any evidence that a medical power of attorney was ever activated for GREAT-GRANDMA.  There is no certification in writing that GREAT-GRANDMA is unable to make her own healthcare decisions.  Furthermore, GREAT-GRANDMA revoked it, as the statute allows.  The Texas Health and Safety Code provides that treatment may not be withheld if GREAT-GRANDMA objects.  She has repeatedly objected to being denied examination by a doctor at a hospital. 

163.                       Texas Health and Safety Code Sec. 166.155.  REVOCATION; (a)  A medical power of attorney is revoked by: (1)  oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal's mental state; or

(b)  A principal's licensed or certified health or residential care provider who is informed of or provided with a revocation of a medical power of attorney shall immediately record the revocation in the principal's medical record and give notice of the revocation to the agent and any known health and residential care providers currently responsible for the principal's care.

164.          The Medical Power of Attorney says: “I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney.:

165.          The Medical Power of Attorney says: “Your agent is obligated to follow your instructions when making decisions on your behalf.”

166.          The Medical Power of Attorney says: “Once you have signed this document, you have the right to make health care decisions for yourself as long as you are able to make those decisions, and treatment cannot be given to you or stopped over your objectionYou have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent medical power of attorney.”  


MARCIE SEEKS AN IMMEDIATE hearing.

167.          MARCIE seeks an immediate hearing.

168.          A hearing will help enable pro se MARCIE to explain why the Court is compelled to issue a Temporary Injunction.

169.          MARCIE provided notice to the DEFENDANTS prior to the filing of the request for a Temporary Restraining Order.  They were told MARCIE would be seeking a Temporary Restraining Order.  



COUNT #1 – CAUSE OF ACTION FOR TEMPORARY INJUNCTION

170.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

171.          Rule 680 of the Texas Rules of Civil Procedure governs requests for temporary injunctions.   A temporary injunction is sought to stop a party from engaging in certain conduct until a final decision may be made concerning the merits of the dispute.

172.          In order to obtain a temporary injunction, a party must prove a cause of action, a probable right to the relief sought, and a probable, imminent, and irreparable injury in the interim.  MARCIE has met these requirements.  MARCIE has a substantial likelihood of success on the merits.  GREAT-GRANDMA is without a will, power of attorney, or medical power of attorney, and this will cause probable, imminent, and irreparable injury.  GREAT-GRANDMA needs to go to the hospital, and she needs her assets to be protected.

COUNT #2 – TORTIOUS INTERFERENCE WITH PROSPECTIVE CONTRACTUAL RELATIONS

173.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

174.          The defendants have interfered with the prospective contracts between GREAT-GRANDMA and the plaintiff.  The DEFENDANTS have interfered with the STATUTORY DURABLE POWER OF ATTORNEY, MEDICAL POWER OF ATTORNEY, and last will and testament.

175.          There is an absolute probability that the PLAINTIFF would have entered into a business relationship because GREAT-GRANDMA has already signed the STATUTORY DURABLE POWER OF ATTORNEY, MEDICAL POWER OF ATTORNEY, and last will and testameNt. [EXHIBITS 9, 10, 11.]

176.           Independently tortious or unlawful acts by the defendants prevented the relationship from occurring.  These have been detailed in the STATEMENT OF FACTS above.  DEFENDANTS have taken almost incomprehensible efforts to block the PLAINTIFF from obtaining the signatures of a notary and witnesses on the contracts.

177.          The defendants did such acts with a conscious desire to prevent the relationship from occurring or the defendants knew the interference was certain or substantially certain to occur as a result of the conduct.

178.          The plaintiff suffered actual harm or damages as a result of the defendants’ interference.  The plaintiff has been denied the right to act for her mother and protect herThe plaintiff has been denied the right to enforce GREAT-GRANDMA’s medical choices.  The plaintiff has been denied the benefits granted to her and her family in the last will and testameNt.  The plaintiff has been threatened with arrest, which harmed her.

179.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #3 – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

180.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

181.          DEFENDANTS have intentionally and recklessly inflicted mental suffering and emotional distress on the PLAINTIFF.  Their conduct has been outrageous.  Their conduct has caused and continues to cause emotional distress to the PLAINTIFF.  The emotional distress has been and is severe.

182.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #4 – VIOLATION OF VARIOUS LAWS REGARDING ELDER ABUSE

183.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

184.          DEFENDANTS have violated multiple laws regarding elder abuse.

185.          In 1987, Congress passed the Nursing Home Reform Act. The act applies to all nursing home facilities receiving Medicare and Medicaid funding. Under the act, nursing homes: [M]ust provide services and activities to attain the highest practicable physical, mental, and psychological well-being of each resident in accordance with a written plan of care.

186.          Under the Nursing Home Reform Act, patients are legally entitled to basic rights.

187.          Nursing home patients have the right to:

a.       Privacy

b.      Services to meet their physical, mental, and psychosocial needs

c.       Freely communicate in and out of the facility

d.      Be treated with dignity and respect

e.       Be free from mistreatment, abuse, and neglect

f.        Make their own decisions

g.      Lodge complaints without facing retaliation

h.      Be free from physical restraints

i.        Participate in family, resident, and community groups

j.        Participate in their care plan, including advance notice of changes in treatment, medications, or facility standing



188.          GREAT-GRANDMA has been denied services to meet her physical, mental, and psychosocial needs. 

189.          GREAT-GRANDMA has been denied the ability to freely communicate in and out of the facility.

190.          GREAT-GRANDMA has not been treated with dignity and respect.

191.          GREAT-GRANDMA has been denied the right to be free from mistreatment, abuse, and neglect.

192.          GREAT-GRANDMA has been denied the right to make her own decisions.

193.          GREAT-GRANDMA has been denied the right to lodge complaints without facing retaliation.

194.          GREAT-GRANDMA has been denied the right to participate in her care plan, including advance notice of changes in treatment, medications, or facility standing.

195.          The Elder Justice Act went into effect in 2010 as part of the Patient Protection and Affordable Care Act to facilitate the coordination of elder abuse detection and prevention programs within the Offices of the Secretary of Health and Human Services (HHS).

196.          The Act requires nursing home operators and employees to file a written report of suspected elder abuse or other crimes to the federal HHS office and the local state authorities.

197.          Upon information and belief, THE DELANEY has not filed necessary reports.  Both GREAT-GRANDMA and Barbara H are victims.

198.          THE DELANEY has violated Texas laws governing nursing home care.

COUNT #5 – BREACH OF FIDUCIARY DUTY

199.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

200.          MICHAEL has breached his fiduciary duty to GREAT-GRANDMA.

201.          DOUG has stolen money and property from GREAT-GRANDMA with the aid of MICHAEL.

COUNT #6 – FRAUD

202.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

203.          DEFENDANTS have made false statements to MARCIE.  DEFENDANTS knew their statements were false.  Statements have been made with an intent to deceive.

204.          The PLAINTIFF has been injured by the false representations. 

205.          Respondeat superior (principal is liable for agents’ misconduct). 

COUNT #7 – CIVIL CONSPIRACY

206.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

207.          DEFENDANTS have participated in a conspiracy.

208.          They have conspired to do unlawful acts or do lawful acts by unlawful means.

209.          Many overt acts have been done in pursuance of the conspiracy.

210.          The PLAINTIFF has suffered damage as a result of the acts performed through the conspiracy.

211.          Defendants conspired to damage the Plaintiff.

212.          Defendants formed and operated the conspiracy.  Evidence shows that Defendants had a meeting of the minds and actively worked together toward this objective. 

213.          Multiple unlawful, overt acts were committed.  There was specific intent to agree to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means.  The conspiracy occurred in Texas.  The act in, and effect on, Texas was a direct and foreseeable result of the conduct in furtherance of the conspiracy. 

214.          There are underlying torts that support the conspiracy cause of action. 

215.          Damage resulted to the Plaintiff from acts done in furtherance of the common design.  The Plaintiff has been caused pain and suffering, emotional distress, and more. 

216.          There was extreme risk by Defendants as there was not a remote possibility of injury or even a high probability of minor harm, but rather the likelihood of serious injury to the Plaintiff.

217.          Actual awareness existed because Defendants knew about the peril, but their acts demonstrated that they did not care.  

218.          Some Defendants aided and abetted the conspiracy and underlying torts.

219.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #8 – THEFT, CONVERSION, OR NEGLIGENCE

220.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

221.          THE DELANEY has stolen, converted, or acted negligently in allowing GREAT-GRANDMA’s hearing aid to be stolen.

222.          The PLAINTIFF provided the hearing aids to GREAT-GRANDMA and has suffered damage as a result.

223.          DOUG has stolen GREAT-GRANDMA’s life insurance proceeds.

224.          DOUG and MICHAEL have stolen GREAT-GRANDMA’s real property.

225.          THE DELANEY has charged GREAT-GRANDMA for services not provided.

226.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #9 – CONVERSION OF PROPERTY

227.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

228.          The PLAINTIFF owned the Federal Express package and had entitlement to possession.

229.          DEFENDANTS unlawfully and without authorization assumed and exercised dominion or control over the property to the exclusion of, or inconsistent with, the PLAINTIFF's rights as an owner.

230.          The PLAINTIFF demanded return of the property.

231.          DEFENDANTS refused to return the property.

232.          The PLAINTIFF was injured by the conversion.

233.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #10 – FALSE COMPLAINT TO THE POLICE

234.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

235.          Texas Penal Code Sec. 30.05.  CRIMINAL TRESPASS provides:

“A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent and the person: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so.”

236.          Prior to 12/23/2021, MARCIE was never given notice that entry to THE DELANEY’s property was forbidden.  Therefore, the complaint to the police for CRIMINAL TRESPASS was a false complaint.

237.          MARCIE did not receive oral or written communication by the owner or someone with apparent authority to act for the owner.  There was no fencing or other enclosure obviously designed to exclude intruders.  There were no signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden to family members of residents. 

238.          On 12/23/2021, MARCIE called THE DELANEY to make arrangements to see GREAT-GRANDMA, and she was told she was not welcome and would be arrested.

239.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #11 – UNLAWFUL RESTRAINT

240.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

241.          Detective Clark and Officer Green unlawfully restrained MARCIE and BETTY.  This is a violation of Texas Penal Code Section 20.02:

“(a) A person commits an offense if he intentionally or knowingly restrains another person.”

242.          Violation of Texas Constitution, Article 1, Section 9:

“The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.”

243.          Violation of U.S. Constitution, Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

244.          THE DELANEY unlawfully restrained MARCIE from seeing her mother.  There can be no probable cause for denying a daughter her right to see her mother in a nursing home, especially when she was there at the request of her mother.

245.          Civil false imprisonment has been defined as the direct restraint by one person of the physical liberty of another without adequate legal justification.  The essential elements of false imprisonment are: (1) a willful detention of the person, (2) a detention without authority of law and (3) a detention against the consent of the party detained. J.C. Penny Co. v. Duran, 479 S.W.2d 374, 379 (Tex.Civ.App.--San Antonio 1972, writ ref'd n.r.e.). “An unlawful detention occurs when there is used any means that restrains another from moving from one place to another, and an actual arrest, assault, or incarceration is not necessary. A wrongful detention may be effected by acts alone or by words alone, or by both operating together, if the effect thereof is to operate on the will of the individual so as to prevent his free motion.” 25 TEX.JUR.2d False Imprisonment § 18 (1961); See Harris & Co. v. Caldwell, 276 S.W. 298, 299 (Tex.Civ.App.--Dallas 1925, err. dism'd). (See Hooper v. Deisher, 113 S.W.2d 966 (Tex.App. 1938); Black v. Kroger Co., 527 S.W.2d 794 (Tex.Civ.App. Houston (1st Dist.) 1975, no writ); Dunn v. Brown, 584 S.W.2d 535 (Tex. Ct. App. 1979).

246.          False imprisonment in Texas is the direct restraint by one person of the physical liberty of another without adequate legal justification. Big Town Nursing Home, Inc. v. Newman, 461 S.W.2d 195 (Tex.Civ.App.--Waco 1970, no writ); Skillern & Sons, Inc. v. Stewart, 379 S.W.2d 687 (Tex.Civ.App.--Fort Worth 1964, writ ref'd n.r.e.); Reicheneder v. Skaggs Drug Center, 421 F.2d 307 (Fifth Circuit 1970); 25 Tex.Jur.2d, False Imprisonment, Section 17. The essential elements of false imprisonment are: (1) a willful detention of the person; (2) a detention without authority of law; and (3) a detention against the consent of the party detained. American Insurance Ass'n v. Smith, 439 S.W.2d 418 (Tex.Civ.App.--Texarkana 1969, no writ); Kroger Co. v. Warren, 420 S.W.2d 218 (Tex.Civ.App.--Houston (1st Dist.) 1967, no writ); Article 1169, Tex.Penal Code Ann. (J. C. Penney Co. v. Duran, 479 S.W.2d 374 (Tex. Ct. App. 1972).)

247.          The threat to call the police and have MARCIE arrested by THE DELANEY, SMITH, and KRISSY is sufficient to conclude that the MARCIE was being unlawfully detained.  It is settled that the imprisonment need not be for more than an appreciable length of time and that it is not necessary that any damage result from it other than the confinement itself, since the tort is complete with even a brief restraint of the plaintiff's freedom. PROSSER, TORTS § 11 at 43 (4th ed. 1971). (Morales v. Lee, 668 S.W.2d 867 (Tex. App. 1984).)

248.          In Texas, to stop and detain you, police must have reasonable suspicion that you have been involved in a criminal act.  DETECTIVE CLARK and OFFICER GREEN had no such suspicion.

249.          In Texas, the police are allowed to hold you for a reasonable amount of time, and they can question you as part of their investigation.  The police knew the PLAINTIFF had done nothing wrong.

250.          If you are detained, you do not have to give identifying information, such as your name and date of birth.  But DETECTIVE CLARK forced MARCIE and BETTY to show their licenses, which contained their names and dates of birth, and forced them to answer questions.

251.          During detention, a person in Texas has the right to remain silent, and the right to ask for an attorney, but MARCIE and BETTY were not read their rights.

252.          DETECTIVE CLARK and OFFICER GREEN unreasonably and unconstitutionally seized the PLAINTIFF and BETTY in spite of the fact that:

1.                  Neither had engaged in any criminal activity;

2.                  Neither had ever committed a crime;

3.                  The PLAINTIFF posed no physical threat to anyone, anywhere;

253.          The PLAINTIFF’s right to be free from unreasonable seizure and excessive force as described herein was clearly established at the time DETECTIVE CLARK and OFFICER GREEN seized MARCIE and BETTY.

254.          WPD supervisors directly participated in the infraction, after learning of it, failed to remedy wrong, created a policy or custom under which unconstitutional practices occurred or allowed such policy or custom to continue.

255.          As a direct result of the actions, statements and/or policies, the Plaintiff suffered an unconstitutional deprivation of her rights under the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution.

256.          DETECTIVE CLARK and OFFICER GREEN acted intentionally and with callous disregard for the Plaintiff’s known statutory and Constitutional rights.

257.            As a direct and proximate result of DETECTIVE CLARK and OFFICER GREEN’s unlawful actions, the Plaintiff has suffered, and will continue to suffer, substantial damages. 

258.          Respondeat superior (principal is liable for agents’ misconduct).



COUNT #12 – Violation of Fourth, Fifth, and Fourteenth Amendment Rights

259.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

260.          The WPD and the CITY) have unconstitutional policies and have failed to train their employees.  The failure to train amounts to deliberate indifference to an obvious need for such training, and the failure to train has resulted in employees making wrong decisions.

261.          By their conduct, as described herein, enforcing the arbitrary and fundamentally unfair procedures, Defendants acting under color of state law, deprived the Plaintiff of her rights to his Constitutional right to liberty without due process of law.

262.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #13 – ABUSE OF OFFICIAL CAPACITY

263.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

264.          Texas Penal Code Sec. 39.02.  ABUSE OF OFFICIAL CAPACITY states: (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (1) violates a law relating to the public servant's office or employment.

265.          DETECTIVE CLARK and OFFICER GREEN abused their official capacity through their intent to harm the PLAINTIFF.

266.          OFFICER LAW abused his official capacity through his intent to harm the PLAINTIFF.

267.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #14 – Official Oppression

268.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

269.          Texas Penal Code Sec. 39.03.  OFFICIAL OPPRESSION provides:

“A public servant acting under color of his office or employment commits an offense if he: intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful;

270.          DETECTIVE CLARK, OFFICER GREEN, and OFFICER LAW committed OFFICIAL OPPRESSION.

271.          Respondeat superior (principal is liable for agents’ misconduct).

COUNT #15 – OFFICIAL MISCONDUCT

272.          The PLAINTIFF adopts and realleges Paragraphs 1 through 166.

273.          Texas Code of Criminal Procedure Art. 3.04 provides:

“’Official misconduct’ means an offense that is an intentional or knowing violation of a law committed by a public servant while acting in an official capacity as a public servant.”

274.          DETECTIVE CLARK and OFFICER GREEN knew they were violating the law when claiming MARCIE and BETTY had committed criminal trespassing.

275.          DETECTIVE CLARK and OFFICER GREEN knew they were violating the law when claiming MARCIE and BETTY were disturbing the peace.

276.          DETECTIVE CLARK, OFFICER GREEN, and AMR knew they were violating the law when claiming GREAT-GRANDMA had no medical issues.

277.          Respondeat superior (principal is liable for agents’ misconduct).

MALICE

278.          DEFENDANTS committed malice as they had a specific intent to cause substantial injury or harm to the PLAINTIFF.

INTENTIONAL MISCONDUCT

279.          DEFENDANTS committed malice as they had a specific intent to cause substantial injury or harm to the PLAINTIFF.

EXEMPLARY AND PUNITIVE DAMAGES

280.          The Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set forth herein.

281.          DEFENDANTS should be held liable for punitive damages as they are personally guilty of fraud, malice, intentional misconduct, or gross negligence.

282.          Defendants acted intentionally to damage the PlaintiffDefendants committed all types of wrongdoing. 

283.          The PLAINTIFF will prove that exemplary damages should be awarded as the PLAINTIFF will prove by clear and convincing evidence that the harm with respect to which the PLAINTIFF seeks recovery of exemplary damages results from fraud, malice, or gross negligence.

284.          Conduct of Defendants, as described above, is willful, wanton, wicked, intentional, and malicious resulting from fraud, insult, and malice, and it is associated with aggravating circumstances, including willfulness, wantonness, malice, oppression, outrageous conduct, insult, and fraud, thus warranting the Plaintiff’s recovery of punitive damages from each of the Defendants

285.          The entire want of care by the Defendants shows that the acts complained of were the result of conscious indifference to the rights or welfare of the Plaintiff.

286.          The Plaintiff should receive an award of punitive/exemplary damages.  Exemplary damages serve to provide the claimant with recovery above and beyond compensatory damages in order to punish the wrongdoers for egregious conduct and to deter the wrongdoers and others from similar conduct in the future.

Prayer for Relief

WHEREFORE, MARCIE LYNN DUTSCHMANN SCHRECK respectfully requests that the Court issue an order:

1.      granting a Temporary Injunction to direct The Delaney at Lake Waco, LCS Waco Operations LLC, Life Care Companies LLC, Joel D. Nelson, Scott Bushong, Paula Smith, Alyssa Clandy, Michael Dutschmann, Doug Dutschmann, and all DEFENDANTS to cease interfering with MARCIE’s access to Wanda Dutschmann and granting a Permanent Injunction;

2.      granting a Temporary Injunction to declare that Wanda Dutschmann’s Powers of Attorney were revoked in writing on 12/21/2021, and thereafter in writing and orally;

3.      granting a Temporary Injunction to declare that Texas Health and Safety Code Chapter 166.155 means the Medical Power of Attorney of Wanda Dutschmann was revoked;

4.      that defendants have tortiously interfered with the prospective contracts between Wanda Dutschmann and Marcie Schreck;

5.      granting an injunction against all DEFENDANTS to cease violating laws regarding elder abuse;

6.      appointing MARCIE Schreck as the Temporary Guardian of Wanda Dutschmann;

7.      that MICHAEL Dutschmann must immediately provide full financial records relating to Wanda Dutschmann to the PLAINTIFF;

8.      that a notary and witnesses may be allowed to come to THE DELANEY to witness Wanda Dutschmann’s execution of her legal documents;

9.      that DEFENDANTS have intentionally and recklessly inflicted mental suffering and emotional distress on the PLAINTIFF;

10.  that DEFENDANTS have intentionally and recklessly inflicted mental suffering and emotional distress on the PLAINTIFF;

11.  that the DEFENDANTS have violated various laws regarding elder abuse;

12.  that MICHAEL Dutschmann has breached his fiduciary duty and caused damages to the PLAINTIFF;

13.  that the DEFENDANTS have committed fraud;

14.  that the DEFENDANTS committed malice as they had a specific intent to cause substantial injury or harm to the PLAINTIFF;

15.  that the DEFENDANTS committed malice as they had a specific intent to cause substantial injury or harm to the PLAINTIFF;

16.  that the DEFENDANTS have participated in a conspiracy that has damaged the PLAINTIFF;

17.  that one or more of the DEFENDANTS have committed theft, conversion, or negligence;

18.  that DEFENDANTS made false complaints to the police;

19.  that DEFENDANTS have committed unlawful restraint;

20.  that DETECTIVE LAW, OFFICER GREEN, and OFFICER LAW have committed abuse of official capacity;

21.  that DETECTIVE LAW, OFFICER GREEN, and OFFICER LAW have committed official oppression;

22.  that DETECTIVE LAW, OFFICER GREEN, and OFFICER LAW have committed of official misconduct;

23.  an award of punitive damages to PLAINTIFF;

24.  an award attorneys’ fees and costs to PLAINTIFF; and

25.  providing such other relief as may be proper.


REQUEST FOR TRIAL BY JURY

THE PLAINTIFF REQUESTS TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

Dated this 5th day of January, 2022

/s/ Marcie Schreck_______________
Marcie Schreck
6302 Oakcrest Lane, Amarillo, Texas 79109
254-651-7078
This email address is being protected from spambots. You need JavaScript enabled to view it.

DECLARATION

My name is Marcie Schreck.  My date of birth is December 26, 1959.  My address is 6302 Oakcrest Lane, Amarillo, Texas 79109, Randall County, USA.
I declare under penalty of perjury that the foregoing is true and correct based upon my personal knowledge.
Executed in Randall County, State of Texas, on the 5th day of January, 2022,
/s/ Marcie Schreck_______________
Marcie Schreck
6302 Oakcrest Lane
Amarillo, Texas 79109
254-651-7078
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Bill Windsor graduated from Monterey High School and Texas Tech University in Lubbock, Texas -- not too far from Waco, Texas.  This gives him a special interest in exposing the scum in the area of the country he has loved so much. 



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Bill Windsor


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