The Field Review - Local

Temporary Restraining Order issued to Cameron County Sheriff Eric Garza over Courthouse Security Matter

On April 14, 2021, Honorable Judge Janet Leal issued a “Temporary Restraining Order and Order Setting Hearing for Temporary Injunction.”

The document was signed and filed into Cameron County District Court Case 2021-DCL-0243. The assigned Judicial Officer for the cause is the Honorable Gloria M Rincones and it looks as though she may be the one to hold a trial on the merits of this case.

Anyone wanting to acquire the restraining order and any other documents can do so by going to the Cameron County Public Portal and searching the Cause or the Party participants.

Currently, it has been ordered that Cameron County Sheriff Eric Garza and anyone who may be connected in the matter on his behalf to be restraining from the following:

  • Exercising supervision and/or control of the deputies assigned and budgeted to Constable Gomez by the Commissioners Court;
  • Exercising possession and/or control of tangible and intangible property assigned to Constable Gomez for Courthouse Security; and
  • Directly contacting members of the Commissioners Court and their respective staff members during the pendency of the lawsuit.

It was also ordered that the deputies budgeted and assigned to the Courthouse Security are to return and report to Constable Abel Gomez, Jr to preserve the status quo during the lawsuit.

The justification for issuing the order was related to the lack of legal authority for Sheriff Eric Garza to take the action he did, in the manner he did.

The actions occurring, appeared to cause injury and/or harm to the Plaintiff in the lawsuit. And the Judge stated the actions taken towards the Plaintiff appeared to violate the the Texas Constitution and the Texas Local Government Code Sections 158, 291.003, and 85.023.

The matter has been scheduled for a hearing on April 27, 2021.