Please Note: Nothing in this publishing or on this website should be taken as legal advice
City of Kyle Named in Federal Civil Rights Lawsuit
The City of Kyle has been named in a new Federal Civil Rights Lawsuit claiming 1st and 4th Amendment violations. This all comes on the heels of their City Manager, J. Scott Sellers, being placed on paid administrative leave.
Prior to the lawsuit being filed, Sellers was named in another lawsuit. The prior lawsuit was filed in the Hays County District Courts. That lawsuit was non-suited soon after Sellers responded to the allegations against him.
In that lawsuit, it was claimed Sellers would not hold certain employees accountable for their conduct. Essentially, he would allow certain employees to perform the same acts he would hold others accountable too.
Sellers denied the allegations in the lawsuit and cited certain information from other Federal Lawsuits filed, that was not served on the City of Kyle. The cited information was taken out of context.
The City of Kyle Has 60 Days to Respond to the Allegations Filed in Federal Court
Now the City of Kyle has 60 days to answer the complaint filed in Federal Court. The complaint focuses on the actions of the City of Kyle City Council. There is a 60 day response time because the City of Kyle has elected to waive service of summons.
In the sixteen page complaint filed in the US District Court, Western District of Texas, San Antonio Division, it lays framework for the city council to perform retaliatory acts to prevent the exposure of illicit conduct by at least one of its employees.
The City of Kyle Aided in Malicious Prosecution of a Citizen
The complaint goes on to detail how the City Council aided in the malicious prosecution of a citizen to silence the truth from surfacing. The case referenced is one where the Hays County District Attorney’s Office recused itself and a Special Prosecutor was assigned the case for review.
During the duration of a Special Prosecutor, the City of Kyle listed two in forma pauperis lawsuits. These are lawsuits where the filer does not have enough money to file a lawsuit where the filing fee is paid. These types of lawsuits require the District Court to approve service of the lawsuit. In any case, these two lawsuits were listed on the City of Kyle meeting minutes, a week or so after being filed into Federal Court.
Interesting thing about the new lawsuit, it was provided to the City of Kyle’s legal counsel on July 13, 2022, and service was waived on July 26, 2022, but the City of Kyle City Council has yet to list the lawsuit on any of its agendas. This potentially matches a point made by the filer of the complaint, related to the City of Kyle’s planned attempt to assure an in forma pauperis lawsuit was not served.
The City of Kyle Ethics Commission Attempts to State the Complaints Made Were Invalid
Another item mentioned in the lawsuit was an attempt to file a complaint with the City of Kyle Ethics Commission. The matter was initially put on hold because the Ethics Commission claims to be told by a Hays County Prosecutor, continuing with the ethics complaint would hinder discovery process in the criminal process and the filer was to have a lot of charges filed on him. These statements were captured on the City of Kyle audio and video feed for the meeting.
The initial ethics complaint was placed on hold, then restarted once the malicious prosecution of the citizen ended in January of 2022. Soon after the malicious prosecution ended the Ethics Commission held two meetings. In one meeting it was to discuss the review time of the complaint. In the second meeting, in what appeared to be a planned course of events (alleged by the filer), the complaint was dismissed with prejudice.
A month or two later, the Ethics Compliance Officer provided the findings for the dismissal. The conclusion was the claims did not have merit or were not in the jurisdiction of the Ethics Commission.
In any regards, the Ethics Ordinance for the City of Kyle lists the Ethics Complaint Processes as a secondary method to seek resolution with the City of Kyle. It should also be noted the Ethics Commission is not a recognized tribunal, so the dismissals have no merit, but appear to show a willful intent to cover up illicit conduct.
The City of Kyle Has a Lot of Evidence on its Own Meeting Footage
During the course of the actions by the City of Kyle City Council there have been many meetings which highlight the intent of the City Council to protect certain conduct when performed by certain people. This can be seen on numerous City Council meetings through present day.
Now the City of Kyle will have to answer to the statements made in public. Most recently, a City Council member attempted to modify a Municipal Ordinance to protect Assistant City Managers and Department Heads from being dismissed without the City Councils approval. However, that measure failed by a 4-2 vote, but it is not the first openly displayed action which shows selective enforcement of illicit conduct.
A Couple of Our Other Reads
You may be interested in reading one of our publishings about a City of Kyle Ethics Opinion which was treated differently than the filer in this publishing.
Or you may find it interesting the City Manager for the City of Kyle was only placed on paid leave over an internal complaint, and nothing specific to the lawsuit(s) filed on him.
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Categories: The Field Review - Local, The Eagle Review - Federal
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