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2 Lawsuits Against Cameron County Sheriff Garza are Dismissed
United States District Judge Fernando Rodriguez Jr issued two sets orders on July 8, 2022. Both sets of orders indicate the lawsuits filed against Cameron County Sheriff Eric Garza are dismissed with prejudice. The orders also indicate there will be a separate Memorandum Opinion supporting the orders.
Javier Reyna v Eric Garza, Civil Action No. 1:21-CV-0678
Judge Rodriguez indicates in his order that Javier Reyna’s claims fail because the incontrovertible summary judgement evidence demonstrates that Garza would have taken the same action against Reyna even in the absence of the alleged conduct protected by the First Amendment.
The order also explains that Reyna has not created a fact issue that the non-retaliatory reasons for the employment action were pretextual.
For such reasons, the claims filed by Reyna were ordered dismissed with prejudice.
Reyna will have an opportunity to file an appeal; should he elect to do such.
Rodrigo Almanza v Eric Garza, Civil Action No. 1:21-CV-048
Judge Rodriguez issues identical orders to the one in the Reyna case.
The claims by Almanza towards Chief Deputy Robert Garcia have failed because no competent summary judgement evidence demonstrates that Garcia knew Almanza’s alleged conduct protected by the First Amendment. The Judge indicates, in a sense of such evidence, Almanza fails to create a fact issue as to whether his alleged First Amendment speech motivated the alleged adverse employment action. For such reasons, the claims against the Chief Deputy are dismissed with prejudice.
Almanza’s claims towards Garza also failed due to uncontroverted summary judgement evidence demonstrating that Garza would have taken the same action against Almanza even in the absence of the alleged conduct protected by the First Amendment. Almanza did not create a fact issue that the non-retaliatory reasons for employment action were pretextual. Thus, the claims against Garza were dismissed with prejudice.
Almanza will also have an opportunity to file an appeal; should he elect to do such.
A Couple of Our Other Reads
Although the lawsuit was dismissed, you may find the information disclosed in the Federal deposition of interest.
Or you may be wondering how a prior judge’s lawsuit is going, related to claims of defamation, slander, and libel.
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