Wednesday, January 3, 2018

HANEN: NO TRO FOR ELIA VS. BISD; "ACT PROFESSIONALLY"

By Juan Montoya

Does 404th District Court Judge Elia Cornejo's peeve against the Brownsville Independent School District rise to the level of a federal lawsuit?

In a hearing that lasted less than half an hour Wednesday, lawyers for both sides of the civil rights complaint involving the BISD and Cornejo-Lopez and her two children agreed with federal judge Andrew Hanen her request was "moot" and set a new court date for March while two sides exhaust remedies at the school district level.

For now, proving that the federal courts are the right venue for the lawsuit has yet to be established,

As the hearing got under way, Cornejo-Lopez's attorney Gustavo Acevedo told the court that the two sides had "substantially agreed on some of the relevant issues" and that their motion for a temporary restraining order against the BISD was no longer necessary.

The linchpin to the lawsuit Cornejo-Lopez filed in federal court against the BISD and its administration alleged that the TRO was needed to stop the district from depriving her and her two children (students at BISD high schools) of their civil rights. Cornejo-Lopez had argued that the BISD had delayed and stretched out the grievance process and denied her right o petition for redress.

The district's counsel said the delays had been partly caused by the defendants when they requested that the district hire an investigator in the middle of the process.

BISD lawyers said it would take approximately 45 days for the board of trustees to meet and set a date for the hearing.

Hanen asked both sides if that meant that the motion for the TRO and the injunctive relief that was being sought could be heard after the grievance hearing and both sides agreed that the motions and subpoenas for witnesses were moot.

Hanen set March 16 for Cornejo Lopez to file her amended complaint then if she was not satisfied and for the BISD counsel to answer on March 30. He set a March 27 date for a pre-trial conference before his court to determine whethe the federal complaint was necessary then.

Cornejo-Lopez has filed at least 13 grievances against teachers and administrators in the district, most of them over alleged violations of the rights of her two children. They range from racial discrimination, unequal treatment, and gender discrimination and retaliation by the district for filing complaints.

Defense counsel also asked the court to instruct the plaintiffs and their counsel that if there were any future subpeonas to be delivered to district administrators of witnesses, that they be filed with them and not to their workplace or residences.

"No one has to go seek them out at their homes...," said Eduardo G. Garza, of Esparza and Garza, LLP.
At this Hanen, said that he expected both sides to act professionally.

"I'm sure Mrs. Lopez doesn't want anybody to go seeking her (to serve her) in the state courthouse," Hane said. "You're all professionals and so are your clients, in fact, some of them have multiple degrees. I would hope you would treat each other with courtesy and respect."

In motions filed today in court, BISD attorneys said that the subpoenas to appear served on Zendejas, former Asst. Superintendent Carlos Guerra, and board Secretary Patricia Perez should be quashed because they posed an undue burden since the Zendejas and Perez were on holiday vacations and Guerra had retired.

Guerra and Perez were served on Thursday, Dec. 21 the last day of school before the Christmas holidays in the district's main offices with Cornejo-Lopez present. They claimed they could not produce any of the documents commanded by the subpoenas because the district was the custodian of the records.

In the case of Zendejas, she stated in her motion to quash that Cornejo-Lopez and a process server had knocked on her door late at night on Dec. 21 and not recognizing the vehicle (a white SUV) she had not answered.

Next morning, Friday, Dec. 22, the same white SUV was parked in her driveway and when as she walked out the door, the process server threw the summons in her car window while Cornejo-Lopez videotaped the encounter.

29 comments:

Anonymous said...

Total chaos.

Anonymous said...

A mother has a right to stand up for her children.

I'm surprised Rrun rrun is perpetuating this unfortunate mentality and border culture, that hispanic mothers need to know their place, accept sub-par education and biased treatment of their kids, and be quiet and never challenge the authority figures in charge.

This way of thinking was taught to us when the braceros and the natives were forced to work the land for pennies, a step up from slavery. The braceros and the natives needed a mindset that would encourage them to remain submissive and to not stand up for their rights, or those of their children. They were taught that voting is pointless and to keep their heads down and not speak up. El jefe is always right, the teacher is always right, the doctor is always right, the priest is always right, the policeman is always right, obey, don't make a fuss. But we know better now.

What is Elia's crime here, that she wants her kids to excel? How dare she. If your kids are being mistreated, the teacher is not right and the school district seems to be making things worse. Be honest, if it were a white parent who had been treated this way, who wanted their kid be in the most challenging advanced placement classes and the district wasn't letting them, give me a break. The treatment she received from the school and the coverage of this story would be completely different!

Anonymous said...

ALL EMPLOYEES SHOULD BE TREATED WITH COURTESY AND RESPECT FROM BOARD MEMBERS AND CENTRAL OFFICE ADMINISTRATION.

WE HAVE SOME OLD FARTS THAT NEED TO GO .
(CFO )


Anonymous said...

This was a waste of time. The judge should have just kicked the complaint and the complainer out of court and even arrested her for acting so unprofessional. Drop it Elia or you will be embarrassed further.

Anonymous said...

Juan, could you please find another picture of Elia. The ones you have been using are sure to send your readers running todos astutados. Tiene cara de hacer daneo a todos! Le dio
taluache a Leonel or is really real that "love is blind?"

Anonymous said...

Why do people keep voting this crazy woman into office? She is making the Tax payer spend thousands of dollars on stupid crap. I hope she does not get voted back in the next election.

Anonymous said...

If Mrs. Lopez (not judge, but parent) is concerned that her children do not receive proper education, she has other options. I am sure she has enough money for private school, charters like IDEA, Harmony offer other options. One thing that they are different, they DONT put up with spoiled kids, me,me, my child first parents; administrators tell you up front, you don't like OUR system, there is the door, take your child to public school.

Anonymous said...

All parents should put the child first. Who is she supposed to put first, the BISD administrators over her own kids?

Also, if she wants a great education for her kids, why should she have to pay for private school? Why can't she get that at BISD? What about families who don't have money for private school?

I've read the comments on here by teachers and admins naming and making fun of her kids, who are minors. Laughing about their weight, or the fact they are adopted. Only teachers and BISD people would have those personal and private details, which should never have been shared online. They come on line and bully the kids they are supposed to be teaching! That says it all. Any parent should defend their kids against that.

Anonymous said...

Well said. The brats wouldn't survive 1 day at a private school and/or charter school.
BISD gets the worst of the worst when it comes to parents and students. Puro "escrape" as we teachers say.

Anonymous said...

To: Anonymous--Jan. 3, 5:40 PM--braceros were not working for slavery wages, I worked with them, they were taken care of, food, meds, housing, et al, you must be very naïve, and stupid.

Anonymous said...

It usually happens,when parents refuse to accept they have stupid dumb offsprings.

Anonymous said...

AS A PARENT MYSELF BISD SHOULD HAVE AT LEAST HEARD HER COMPLAINTS GRIEVANCES.BISD ADMIN FORGET THAT THEY WORK FOR THe TAX PAYERS not themselves.

chon said...

how about St joseph school? Elia send your kids there anyway you got money to pay and that way they can get the education you want them to get right?

Anonymous said...

Come on now, 13 different grievances, that right there tells you you dealing with a crazy person. Look in mirror Judge your kids are in some cases at fault. You need to open your eyes. This craziness is going to cause you your career. I don't wish you any bad but karma will catch up. You are using your power to make jobs miserable to some people. Hope this never happens to you or to a loved one.
People are asking, if you are so against bisd why not send your kids to IDEA, or St Joe.
Take them out of bisd if you don't trust in what is being offered.
We will remember this actions you are taking when voting time comes around. You will have difficulty winning again I'm sure. Sit down with Administration and figure something out, going to people's houses and filming them is totally crazy.
Imagine if someone would start filming everything your kids do. You will be in for a big surprise. We as parents love our kids but we don't know or want to accept that they are sneaky, they might smoke, smoke weed. Drink, drink and drive, speed, run red lights, hit and run, run from cops, hide vehicles and run on foot, have sex, cheat, fake signitures on documents, and much more stuff.
The public knows you love your kids but this is over kill.
Señora se esta quemando feo.
Ahi lo que la gente esta hablando en la calle.

Anonymous said...

Why is she demanding her son take courses that are for seniors and have prerequisites when he is a freshman. As for not giving AP weighting to MS students that has been n theourse listing book for years.

Anonymous said...

We need to fix our public school system.
Starting with the central administration office.
Dr.Esperanza Zendejas should have taken care of this ASAP.
Administration corruption at main office.








BISD is playing games

Anonymous said...

BISD is playing games !!

Anonymous said...

The Jan 3 "Anonymous" statement would make us believe that we live in the era of the "braceros" and that Anglos are running the show here. That's bulshit. Elia is a Hispanic judge, elected by a a population of 96+ Hispanic voters, and most of the teachers are Hispanic. All the school board trustees are Hispanic except Mr Cowen...so Hispanic majority. I think that "anonymous" for that article was probably Elia Cornhole Lopez herself. Elia is bringing this suit against BISD to intimidate and force them to settle the case. Any settlement would be a loss for BISD and would probably lead to more Elia acts of intimidation in the future. She must think her kiddies are "special" just because of her...not true. She defends her kiddies when they take the car for a joy ride and abandon it.....and local officials didn't investigate for fear of her potential threats. Elia Cornhole Lopez uses her position to intimidate the community. She is like a troll under our bridge. And,I think the picture fits her perfectly...mouth open (as always) and jowly double or triple chins.

Anonymous said...

I see why you see that —- but after two years you would think the grievance would of been heard? Did the Supt even try to listen to the parent?

Anonymous said...

I think her lawsuit is going to help other children too. BISD tried to stall and gave her the runaround so she would get tired and go away.
I'm glad she's going forward. The glass palace is notorious for sweeping problems under their dirty rug. There are some really obnoxious
people attacking this family personally. That really saddens me. Some of them are BISD employees who should not be sharing confidential
information. I hope you get subpoenaed to answer about your comments and allegations. Then she can sue you.

Anonymous said...

Amazed by the teachers on here bashing one of their own students on a public website. You realize we all pay taxes so that you will educate these students right? I just finished paying taxes, of which BISD was a large chunk. I hope that hard earned money isn't going to people who play favorites and take out vendettas against kids. Your job is to educate, inspire, serve as role models and treat all kids fairly. I don't know Elia's kids but from what I read HERE, which is more information than any stranger should be able to obtain about minors, they sound like honor students who make good grades. So what if you don't like their parents. Your job description does not include slandering and defaming minors online, who you have been hired to teach, because you have a personality conflict with one of their parents. Does confidentiality of a minor's records not exist at BISD? Can you imagine if it were your own kid and the teachers were bringing up confidential stuff and naming them personally and posting it online? You know anyone can google this and find it. If they apply to a college years from now, the admissions committee can find this. Then you will be looking at a lawsuit for destroying a kid's future, with unproven and scurrious allegations. This is very, very disturbing.

Anonymous said...

I agree this sounds like BISD corruption at the top. No parent should have to go through this.

Anonymous said...

The supt, the board and the whole community listened to her grievance on TV and was told exactly what she should do. She wanted the schedule changed to her convenience and since this was not done, she yelled "foul." What stands out is that this so-called judge does things that are against the law, yet condemns all those who come before her in court. How can she show her ugly face in public. She is out of control and is setting a horrible example for her kids and those who do not need anymore poor role models in their lives. Maybe that is why the kids do what they do cause they are her children and Mommy will take care of them. Pobres huercos!

Anonymous said...

The children are innocent, the parents are protective, nothing to see here folks..... move along.

Judge Lipez is the same as any other mother at BISD, but she is educated and powerfull! For every loud mouth BISD employee there are 5 more parents who want to do exactly what Elia has the balls to do. Stand up for their kids in a meaningful way.

Her story is compelling. Her kids are innocent, and BISD Needs to learn the law. When the dust settles, her courage will have benefitted everyone involved with BISD .... especially the children.

Win or lose, we will all benefit from BISD having been schooled on what is right and what is wrong.


What is sad is that it is so public. Do not fear the dog that barks loudly (BISD), it will never bite.

El Perro que grita, no muerde.

Anonymous said...

Braceros were modern day slaves. Their work made billions of dollars in profit for the agricultural sector, but the braceros hardly saw a penny before they were sent back to Mexico. Maybe it seemed like a lot of money in pesos! It was only because they didn't want to pay whites the $30 an hour or more they'd ask to spend their days hunched over, getting back injuries, harvesting crops. Do not encourage this culture. Parents who won't fight for fair wages, and kids who won't even raise their hand in math class if they don't understand the material, and how dare a parent challenge the public school! Sheeple.

Anonymous said...

brownsville pd website has porter assistant principal frank sauceda arrested on family violence assault charges. will bisd do anything? probably not.

Anonymous said...

Pobre braceros they are mostly all dead by now. It the hard labor didn't kill them the poison the airplane sprayed on them did. Leave them alone. More then likely one of them is your ancestor.

Anonymous said...

Who's is Frank Sauceda? And why won't anybody do anything about it?

Anonymous said...

There is no reasoning with Elia. She does not see herself or her children as any other parent in BISD. Always wants special treatment because of “who she is”. Was even heard saying she didn’t want her kids in classes with “those kids”, meaning bilingual students. Again, if you’ve never dealt with her, consider yourself blessed. She is the devil and will ruin anyone who doesn’t give her what she wants.

rita