On March 10, 2021, the United States District Court, Western District of Texas, San Antonio Division received filing 5:21-CV-00251, Ferrara v. Wallace, Et Al.
This lawsuit is a refile from 5:20-CV-1128. The lawsuit was refiled after the Appeals Court granted a dismissal for lack of notification to the appellee’s. The motion came at the request of the appellant, after communication with a few of the appellee’s.
Currently, all Defendants in the new filing have been sent the Notice of Lawsuit and Waiver of Service for their review and return.
The Cameron County Government and two of the three employees named have returned the waiver of service.
The United States Magistrate Judge assigned to the case will probably review the matter in the up coming months.
This case outlines four people and the Cameron County Government.
The four people named are:
- Terry Jay Wallace, Senior, Veterans Affairs Police Chief
- Edward Sandoval, Cameron County Assistant District Attorney
- Reynaldo Pineda, Cameron County District Attorney Peace Officer
- Luis Medieta, Cameron County Sheriff’s Deputy
Interestingly enough, the case claims long stemming conduct by individuals to cause the plaintiff harm in various aspects of his life. The case claims there was premeditated retaliation by those involved to have the plaintiff arrested and convicted for a crime that never happened.
Specifically listed within the cause are the following United States Constitution Violations:
- Retaliation for the plaintiff’s 1st Amendment Right to grieve to the government
- Retaliation for the plaintiffs 1st Amendment Right to publish stories about government officials
- A stand alone claim under the 14th Amendment, related to fabrication of evidence
The interesting thing about the claim is the legal precedence which has been set related to the need determine “probable cause,” does not exist unless the matter can prove pre-planned retaliation.
In the event a plaintiff can prove the legal requirements around premeditated actions, the need to address probable cause is non-existent and does not affect the lawsuits ability to proceed.
In cases of fabricated evidence, the State of Texas does not offer monetary relief, but a new trial. This is performed through a Habeas Corpus process; however, the ability to file a monetary relief claim through the Federal Civil Rights law still exists. Again, these claims do not require to disprove probable cause, based on certain factors.
Anyone interested in reviewing the initial Civil Rights Complaint can click: HERE