CAUSE NO.

TEXAS RIGHT TO LIFE

COMMITTEE, INC.
Plaintiff,
v.
BOB DEUELL
Defendant.

IN THE DISTRICT COURT

OF HARRIS COUNTY
JUDICIAL DISTRICT
PLAINTIFFS ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Texas Right to Life Committee, Inc. (Texas Right to Life) files this Original
Petition in complaint of Bob Deuell. In support thereof, Texas Right to Life would show the
Court the following:
I.
DISCOVERY CONTROL PLAN
Discovery in this case should be conducted in accordance with Rule 190.3 [Level 2] of
the Texas Rules of Civil Procedure.
II.
PARTIES
Plaintiff Texas Right to Life Committee, Inc., the oldest, largest, and only statewide pro-
life organization in Texas, is a not-for-profit corporation that works to spearhead a pro-life
agenda in the Texas Legislature by, among other activities, tracking and publishing the voting
records of elected officials on key pieces of legislation that support the defense of innocent
human life from the moment of conception until natural death. It is organized under Texas law
and maintains its principal place of business in Houston, Harris County, Texas.
6/5/2014 11:12:47 AM
Chris Daniel - District Clerk Harris County
Envelope No. 1452510
By: Sherryl Dewalt
201432179
152nd
Page 2
Bob Deuell is the current incumbent State Senator for Senate District 2 and may be
served at 6403 Creekside Drive, Greenville, Hunt County, Texas 75402. Bob Deuell was
defeated in the recent Republican Primary Run-off Election on May 27, 2014.
III.
JURISDICTION AND VENUE
This Court has personal jurisdiction over the Defendant because he resides in Texas, and
because a substantial part of the events giving rise to this cause of action occurred in Texas.
The matters in controversy fall within this Courts general jurisdiction, and the amount in
controversy exceeds this Courts minimum jurisdictional limits.
Venue is proper in Harris County, Texas, whereupon information and belief, all or a
substantial part of the causes of action set forth herein arose.
IV.
FACTUAL BACKGROUND
Texas Right to Life is a Texas not-for-profit corporation that is primarily engaged in
promoting the common good and general welfare of the people of Texas by advancing the cause
of life. Texas Right to Life achieves this purpose by informing the public on the myriad life
issues and influencing legislation relevant to advancement of the pro-life cause.
During the March 4, 2014 Republican Party Primary, Defendant was a candidate for re-
election to the office of State Senator for Senate District 2.
1
Defendant faced two challengers in
the March Republican Primary wherein he received 48.49% of the vote forcing a run-off election
with Bob Hall who received 38.81% of the vote in the March Republican Primary.
1
Senate District 2 is composed of Delta, Hopkins, Hunt, Rockwall, Kaufman, Fannin, Rains, and Van Zandt
counties, and parts of Dallas County.
Page 3
Pursuant to TEX. ELEC. CODE CH. 172, the Run-off Primary Election was conducted on
May 27, 2014. Defendant was defeated in the run-off election.
2
During the 83
rd
Session of the Texas Legislature, Defendant Bob Deuell authored SB303.
Texas Right to Life aggressively opposed SB303 during the 83
rd
Texas Legislature as
counter to the pro-life cause. Texas Right to Life testified against the legislation, lobbied other
members of the legislature to defeat the measure, and published editorials detailing its position to
the general public through various media outlets. Texas Right to Life was joined by seventeen
other state and national organizations in opposing SB303.
On or about May 7, 2014, Texas Right to Life produced and recorded a radio ad for
dissemination on radio stations throughout Senate District 2, informing the public of Defendants
authorship and support of legislation that was contrary to the pro-life cause in Texas.
On or about May 9, 2014, Texas Right to Life hired a third party to purchase air time for
their radio ad on radio stations that would reach the general public to inform the public on the
issue concerning Defendants voting record.
On or about May 14, 2014, Defendant engaged legal counsel to contact at least two of the
radio stations with which Texas Right to Life had contracted to air their radio ad and demanded
the immediate cessation of the broadcasting of Texas Right to Lifes radio ad.
Upon receipt of the cease and desist letter from Defendants counsel, both Cumulus
Media and Salem Communications halted the airing of Texas Right to Lifes radio ad in
violation of the rights of Texas Right to Life to buy and publish its opinions and facts regarding
candidates in Texas elections.
As means of mitigation and in response to the disruption of the original radio ad by
Defendant, Texas Right to Life purchased additional air time on these same stations to achieve
2
Bob Hall received 50.41% of the vote and Bob Deuell received 49.58% of the vote.
Page 4
the level of market penetration that was desired from the original contracts with Cumulus Media
and Salam Communications.
V.
CAUSE OF ACTION
TORTIOUS INTERFERENCE WITH EXISTING CONTRACT
Texas Right to Life incorporates all preceding allegations.
Texas Right to Life sues Defendant for tortious interference with existing contracts.
Defendants had actual and/or constructive knowledge of the existence of, terms of, and
Texas Right to Lifes interest in and rights under the contacts for placement and airing of their
radio ad with Cumulus Media and Salem Communications.
Defendant purposefully, and with conscious disregard for the legally protected rights of
Texas Right to Life, tortiously interfered with Texas Right to Lifes legally protected rights
under contacts for placement and airing of their radio ad with Cumulus Media and Salem
Communications.
The willful and intentional acts of Defendant invaded, impaired, or otherwise interfered
with these contracts in numerous ways, including, but not limited to, significantly reducing the
number of times the radio advertisement would air and reducing their effectiveness as public
information tools.
The interference described herein was without any justification and privilege.
The interference described herein was/is a proximate and producing cause of Texas Right
to Lifes various damages.
Various harms caused by the interference with the Texas Right to Life contracts with
Cumulus Media and Salem Communications are immeasurable. Specifically, but not by way of
Page 5
limitation, the limitation of the number of times that the radio ad was broadcast had an impact on
the number of people who could hear and react to the message.
VI.
ACTUAL DAMAGES
Texas Right to Life incorporates all preceding allegations.
As a proximate, producing, foreseeable or other cause of the acts and/or omissions recited
above, Texas Right to Life has suffered actual damages in excess of the minimum jurisdictional
limits of this Court. Texas Right to Life requests an award of all its actual damages in the
maximum amount permitted by law, to be entered against the Defendant jointly and severally.
These damages include, but are not limited to, the cost of production and placement of a second
radio ad to run in the place of the original radio and the loss of airtime for the original radio ad.
Additionally, or alternatively if necessary, Defendant has profited from conscious
wrongdoing and has been unjustly enriched by his tortious interference with Texas Right to
Lifes legally protected rights, without justification and in conscious disregard of Texas Right to
Lifes rights. To the extent necessary, Texas Right to Life asserts that it is entitled, as an
alternative remedy, to full restitution of all profit realized by Defendant from such actions.
Additionally or alternatively, Texas Right to Life seeks recovery of its costs and out-of-
pocket expenses in seeking to cover or, alternatively, seeking to mitigate the damages and harms
it has suffered by virtue of Defendants actions.
VII.
OTHER RELIEF
Texas Right to Life also requests that it recover pre- and post-judgment interest and court
costs to the extent permitted by Texas law.
Page 6
VIII.
JURY DEMAND
Texas Right to Life demands that all matters of fact be decided by a jury and denies that
any matter at issue in this case is subject to arbitration.
IX.
REQUEST FOR PRESERVATION OF DOCUMENTS
Texas Right to Life requests that Defendant immediately cease all routine document
destruction of any documents, including e-mails and electronic media, pertaining to any aspect of
the transactions made the basis of this lawsuit or any other parties or other related transactions
pertaining to any claim or anticipated defense.
X.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Texas Right to Life respectfully requests
that after final jury trial, this Court award Texas Right to Life all relief requested herein as well
as such other and further relief, both general and special, as to which Texas Right to Life may
show itself justly entitled, whether at law or in equity.
Respectfully submitted,
BEIRNE, MAYNARD&PARSONS, L.L.P.
By: /s/ Joseph M. Nixon
JAMES E. TREY TRAINOR, III
BEIRNE, MAYNARD &PARSONS, LLP
401 W. 15
th
Street, Suite 845
Austin, Texas 78701
Telephone: (512) 623-6700
Facsimile: (512) 623-6701
Email: ttrainor@bmpllp.com
And
Page 7
JOSEPH M. NIXON
BEIRNE, MAYNARD &PARSONS, LLP
State Bar No. 15244800
1300 Post Oak Blvd., 25th Floor
Houston, Texas 77056-3000
Telephone: (713) 871-6809
Facsimile: (713) 960-1527
Email: jnixon@bmpllp.com
ATTORNEYS FOR PLAINTIFF
TEXAS RIGHT TO LIFE COMMITTEE, INC.
1995009v.3 IMANAGE 105380
Joseph M. Nixon jnixon@bmpllp.com Texas Right to Life Committee, Inc.
1300 Post Oak, Ste 2500
713-623-0887
Bob Deuell
Houston, Texas 77056 713-960-1527 713-960-1527
/s/ Joseph M. Nixon 15244800
!
Rev 2/13
Instructions for Completing the Texas Civil Case Information Sheet

A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a
new civil, family law, probate, or mental health case or when a post-judgment petition for modification or motion for
enforcement is filed in a family law case. The information should be the best available at the time of filing. If the original
petition, application or post-judgment petition or motion is e-filed, the case information sheet must not be the lead document.

This sheet, required by Rule 78a of the Texas Rules of Civil Procedure, is intended to collect information that will be used for
statistical and administrative purposes only. It neither replaces nor supplements the filings or service of pleading or other
documents as required by law or rule. The sheet does not constitute a discovery request, response, or supplementation, and it is
not admissible at trial.

The attorney or self-represented (pro se) plaintiff/petitioner filing the case or post-judgment petition or motion should complete
the sheet as follows:

1. Contact information

a) Contact information for person completing case information sheet. Enter the following information:
name;
address;
city, state, and zip code;
email address;
telephone number;
fax number, if available;
State Bar number, if the person is an attorney; and
signature. (NOTE: When a case information sheet is submitted electronically, the signature may be a scanned image
or /s/ and the name of the person completing the case information sheet typed in the space where the signature
would otherwise appear.)

b) Names of parties in the case. Enter the name(s) of the:
(NOTE: If the name of a party to a case is confidential, enter the partys initials rather than the partys name.)
plaintiff(s) or petitioner(s);
defendant(s) or respondent(s); and
in child support cases, additional parties in the case, including the:
o custodial parent;
o non-custodial parent; and
o presumed father.

Attach an additional page as necessary to list all parties.

c) Person or entity completing sheet is. Indicate whether the person completing the sheet, or the entity for which the sheet
is being completed, is:
an attorney for the plaintiff or petitioner;
a pro se (self-represented) plaintiff or petitioner;
the Title IV-D agency; or
other (provide name of person or entity).

2. Case type.
Select the case category that best reflects the most important issue in the case.

You must select only one.
3. Procedure or remedy.
If applicable, select any of the available procedures or remedies being sought in the case. You may select more than one.

4. Damages sought.
Select the damages being sought in the case:
(NOTE: If the claim is governed by the Family Code, do not indicate the damages sought.)
only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment
interest and attorney fees;
monetary relief over $100,000 or less and non-monetary relief;
monetary relief over $100,000 but nor more than $200,000;
monetary relief over $200,000 but less than $1,000,000; or
monetary relief over $1,000,000.
Page 1 of 2
CIVCI08 Revised 9/3/99
CIVIL PROCESS REQUEST
FOR EACH PARTY SERVED YOU MUST FURNISH ONE (1) COPY OF THE PLEADING
FOR WRITS FURNISH TWO (2) COPIES OF THE PLEADING PER PARTY TO BE SERVED
CASE NUMBER: __________________________ CURRENT COURT: _____________________________________
TYPE OF INSTRUMENT TO BE SERVED (See Reverse For Types): _________________________________________________
FILE DATE OF MOTION: ________________________________________________________________________________
Month/ Day/ Year
SERVICE TO BE ISSUED ON (Please List Exactly As The Name Appears In The Pleading To Be Served):
1. NAME: ___________________________________________________________________________________________
ADDRESS: ________________________________________________________________________________________
AGENT, (if applicable): ________________________________________________________________________________
TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): ____________________________________________
SERVICE BY (check one):
ATTORNEY PICK-UP CONSTABLE
CIVIL PROCESS SERVER - Authorized Person to Pick-up: ________________________ Phone: _____________
MAIL CERTIFIED MAIL
PUBLICATION:
Type of Publication: COURTHOUSE DOOR, or
NEWSPAPER OF YOUR CHOICE: _______________________________________
OTHER, explain ______________________________________________________________________________
******************************************************************************************************
****
2. NAME: ___________________________________________________________________________________________
ADDRESS: ________________________________________________________________________________________
AGENT, (if applicable): ________________________________________________________________________________
TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): ____________________________________________
SERVICE BY (check one):
ATTORNEY PICK-UP CONSTABLE
CIVIL PROCESS SERVER - Authorized Person to Pick-up: _______________________ Phone: _____________
MAIL CERTIFIED MAIL
PUBLICATION:
Type of Publication: COURTHOUSE DOOR, or
NEWSPAPER OF YOUR CHOICE: _______________________________________
OTHER, explain ______________________________________________________________________________
ATTORNEY (OR ATTORNEY'S AGENT) REQUESTING SERVICE:
NAME: _____________________________________________ TEXAS BAR NO./ID NO. ____________________________
MAILING ADDRESS: ____________________________________________________________________________________
PHONE NUMBER: __________ _______________________ FAX NUMBER: ________ ______________________
area code phone number area code fax number
EMAIL ADDRESS: ______________________________________________________________________________________
Original Petition
06/05/14
Bob Deuell
6403 Creekside Drive, Greenville, Hunt County, Texas 75402
Citation
!
Joesph M. Nixon 15244800
1300 Post Oak, Ste 2500, Houston, Texas 77056
713 623-0887 713 960-1527
jnixon@bmpllp.com
Page 2 of 2
CIVCI08 Revised 9/3/99
SERVICE REQUESTS WHICH CANNOT BE PROCESSED BY THIS OFFICE WILL BE HELD FOR 30 DAYS PRIOR TO
CANCELLATION. FEES WILL BE REFUNDED ONLY UPON REQUEST, OR AT THE DISPOSITION OF THE CASE.
SERVICE REQUESTS MAY BE REINSTATED UPON APPROPRIATE ACTION BY THE PARTIES.
INSTRUMENTS TO BE SERVED:
(Fill In Instrument Sequence Number, i.e. 1st, 2nd, etc.)
PROCESS TYPES:
NON WRIT:
ORIGINAL PETITION
______ AMENDED PETITION
______ SUPPLEMENTAL PETITION
COUNTERCLAIM
______ AMENDED COUNTERCLAIM
______ SUPPLEMENTAL COUNTERCLAIM
CITATION
ALIAS CITATION
PLURIES CITATION
SECRETARY OF STATE CITATION
COMMISSIONER OF INSURANCE
HIGHWAY COMMISSIONER
CITATION BY PUBLICATION
NOTICE
SHORT FORM NOTICE
CROSS-ACTION:
______ AMENDED CROSS-ACTION
______ SUPPLEMENTAL CROSS-ACTION
PRECEPT (SHOW CAUSE)
RULE 106 SERVICE
THIRD-PARTY PETITION: SUBPOENA
______ AMENDED THIRD-PARTY PETITION
______ SUPPLEMENTAL THIRD-PARTY PETITION WRITS:
INTERVENTION:
______ AMENDED INTERVENTION
ATTACHMENT (PROPERTY)
ATACHMENT (WITNESS)
ATTACHMENT (PERSON)
______ SUPPLEMENTAL INTERVENTION
INTERPLEADER
______ AMENDED INTERPLEADER
CERTIORARI
______ SUPPLEMENTAL INTERPLEADER EXECUTION
EXECUTION AND ORDER OF SALE
GARNISHMENT BEFORE JUDGMENT
INJUNCTION
MOTION TO MODIFY
SHOW CAUSE ORDER
TEMPORARY RESTRAINING ORDER
GARNISHMENT AFTER JUDGMENT
HABEAS CORPUS
INJUNCTION
TEMPORARY RESTRAINING ORDER
PROTECTIVE ORDER (FAMILY CODE)
PROTECTIVE ORDER (CIVIL CODE)
BILL OF DISCOVERY:
ORDER TO: _______________________________
(specify)
MOTION TO: _____________________________
(specify)
POSSESSION (PERSON)
POSSESSION (PROPERTY)
SCIRE FACIAS
SEQUESTRATION
SUPERSEDEAS