The Field Review - Local

Court Tosses Attorney General’s Frivolous Suit on San Antonio Police Chief

Originally filed on January 15, 2021, the Texas Attorney General Ken Paxton, attempted to remove San Antonio Police Chief William McManus from his public office for suspected violations of Senate Bill 4 (an immigration law passed to assist in coordinating matters important to the Federal Government and related to suspected illegal immigration activities).

The lawsuit was brought about through a “quo warranto.” Per the Texas Civil Practices and Remedies Code, an action in the nature of quo warranto is available if:

(1) a person usurps, intrudes into, or unlawfully holds or executes a franchise or an office, including an office in a corporation created by the authority of this state; (2) a public officer does an act or allows an act that by law causes a forfeiture of his office; (3) an association of persons acts as a corporation without being legally incorporated; (4) a corporation does or omits an act that requires a surrender or causes a forfeiture of its rights and privileges as a corporation; (5) a corporation exercises power not granted by law; (6) a railroad company charges an extortionate rate for transportation of freight or passengers; or. (7) a railroad company unlawfully refuses to move over its lines the cars of another railroad company.

It appears the suit was focused on suspected acts or allowances by Chief McManus that may cause forfeiture of his office. The claim was that Chief McManus, somehow violated a Texas Government Code. (Per KSAT 12 reporting).

The concern stems from a 2017 immigration incident where the San Antonio Police Officers’ Association [Past] President Michael F. Helle made an outcry about the Police Chiefs actions.

Many years have passed since the outcry and AG Paxton has tried to flex his muscle on the matter, but nothing has seemed to work out in the AG’s favor and we are unsure if it will.

On November 23, 2021, the Honorable Judge Mary Lou Alvarez dismissed the AG’s quo warranto lawsuit, citing lack of subject matter jurisdiction. All this money being wasted in frivolously filed lawsuits by the AG has to have a cost to taxpayers.