Posted on 02/17/2006 4:58:35 PM PST by planekT
A lawsuit filed against Comal County Judge Danny Scheel, former County Commissioner Moe Schwab and County Engineer Tom Hornseth just won’t go away.
The suit has reached the Fifth Circuit of the United States Court of Appeals, but no matter how you slice it, Comal County is in a world of hurt, thanks to former employees Monica M. Wallace and Patricia Kniss, plaintiffs in the case.
The Fifth Circuit action was sought by Scheel and other defendants, seeking an appeal of a United States District Court (Western District) decision, in which Scheel’s hope of being protected by “qualified Immunity” would insulate him from his alleged role in firing Wallace and Kniss—because what is alleged to be an attempt on the former employee’s part to uphold rules and regulations of the State regarding septic systems. As it turns out, the Fifth Circuit dismissed Scheels’s appeal and left him responsible for his alleged actions.
Wallace and Kniss were employees of the Comal County Environmental Health Department, working for Hornseth. Wallace served the county 16 years and Kniss served 7.
One allegation is that both employees were fired, in part, because they complained to the then Texas Natural Resources Conservation Commission that they were being pressured to relax septic tank inspection standards in order to placate installers and developers who had possibly befriended elected officials.
The lawsuit alleges a violation of Wallace and Kniss’ First Amendment rights by Judge Schell and others.
How much taxpayer money Judge Scheel has spent defending this lawsuit is uncertain, but the case came to light when Comal County Environmental Health Department Healthy Inspector Sammie C. Smith was caught trespassing on newspaper publisher Douglas Kirk’s property Dec. 30, 2005.
Comal County Office of the Engineer employee Robert Boyd told Kirk that day that Smith was on Kirk’s property because of a septic complaint that had been filed against Kirk—the organizer and vocal proponent of a tax rollback effort directed at Danny Scheel’s current county budget and tax increase.
A subsequent open records request revealed that no such complaint existed against Kirk and that employee Smith was on the Kirk property illegally. Kirk summoned police on Dec. 30 and asked that trespassing charges be filed against Smith, which Comal County Criminal District Attorney Dib Waldrip has not done.
When asked in an open records request to turn over copies of “pleading in any lawsuit filed against Tom Hornseth, P.E. by any employee or former employee during the past three years to present,” Comal County Engineer Tom Hornseth refused, saying “This request is broad and ambiguous and further does not seek ‘public information’ from my office as that term is defined under the Texas Public Information Act.”
Nonetheless, documents outlining the lawsuit have been provided to Kirk by an anonymous source who wants the public to know about the lawsuit.
The day a County employee was caught trespassing on Kirk’s property was the same day acting judge Jan Kennady ordered the shut down of Kirk’s retail fireworks business, allegedly violating his Federal and State constitutional rights and Kirk’s State granted license. The following day, four county police officers visited Kirk, one claiming a complaint had been filed about Kirk’s activity. Once again, an open records request submitted to Sheriff Bob Holder revealed that no such complaint existed, as the deputy officer said.
Yes, it doesn't get better the more times you read it. :-)
The point is that this Judge needs to go. See the post 2 and read the 5th Circuit Courts judgment. He's guilty of 1st Amendment Rights Violations, along with a couple other County hacks who should be fired.
I meant post 3.
If the pdf file didn't have so many references it sure would be easier to read!
I enjoyed the appeals court decision though.
Defendants have failed to show that the district court erred in denying them qualified immunity for their alleged violation of plaintiffs’ constitutional rights. Accordingly, we DISMISS defendants’ appeal.
I know what you mean. But the Court did their homework on this one, and really it's a complicated issue.
But it is settled now, for good. No more appeals for the Judge. All that remains is to see his wallet considerably lightened for his arrogance.
Now if we could just get the media to report this, our problems would be over. As it stands now, he is going to be tough to unseat. I rode out with the challenger in this race today and helped him hang up some signs. He's a retired military man. I like him and he will have my vote and my support.
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