Tuesday, February 2, 2021

FEDERAL LAWSUIT CLAIMS RETALIATION AGAINST JAILER

Special to El Rrun-Rrun

A former Cameron County Sheriff's Department jailer fired after his superiors accused him of releasing a video purporting to show an inmate being abused by another jail guard has filed a lawsuit in federal court against Sheriff Omar Lucio and two other officers charging them with political retaliation for his perceived political association with challenger Eric Garza in violation of his constitutional rights.

Jose Calvillo, who had been a jailer for the past six years claims Lucio and Sgt. Edgar Rivera, Lt. Joe Elizardi retaliated against him while acting under the color of the law and took adverse action motivated by political association that resulted in his wrongful termination. The lawsuit was filed December 30, 2020. 

He is asking for the court to award him $1 million in exemplary damages for their acts in their official capacity, and $333,000 each of the defendants in their individual capacity.

Calvillo – through his attorney John Shergold – claims that after video aired in a Facebook page called RGV Truth on July 9, 2020, five days before the Democratic Party runoff election July 14. Garza went on to win that runoff and then beat Republican challenger John Chambers.

Calvillo claims that after he saw the video on the Facebook page, he fowarded and reported it to Capt. Jorge Hernandez, a jail supervisor. Nearly two months later, on September 4, he said he got a call from Le Roy Valladarez, his immediate supervisor, who ordered him to report to Sgt. Rivera who  along with other officials – interrogated him for nearly two hours and was "falsely accused" of releasing the video recording. At the time, River confiscated his cell phone.

Calvillo claims that during the interrogation, Rivera questioned him on whether he was assisting the  Robert Gracia, a Garza supporter and questioned whether he had obtained votes on behalf of the challenger and whether he was supporting Garza. At the time, Calvillo claims he denied any violation of policy or criminal wrongdoing.

He claims that Rivera threatened to ruin his law enforcement career and that he "would call the Border Patrol and inform them not to hire him." He said River and Lucio had personally hired him and given him his job and "this is how you repay us." One of his interrogators allegedly dangled a set of handcuffs andn told him "Next time I see you you're going to be in handcuffs."

Calvillo said that his step father Alfredo Castillo had a close relationship with Gracia for numerous years, who was openly supporting Garza through financial contributions to his campaign.

Things happened quickly after the interrogation and Commander Fermin Leal suspended with pay Sept. 9 for two weeks charging him with the wrongdoing Calvillo had denied during the interrogation. He was given a latter of termination by Sgt. Rivera Sept. 18 less than two weeks later informing him he was being terminated from employment effective Sept. 23. He appealed the termination Sept. 25 to Elizardi, who had seven days to consider the appeal, but who sustained it within 90 minutes after Calvillo had filed his notice of appeal.

Calvillo claims that the defendants knowingly deprived him of his civil rights under 42 U.S., 1983, violated his freedom of association because they perceived he was supporting and campaigning for Garza against Lucio, and retaliation in violation of his First Amendment rights.

28 comments:

Anonymous said...

Cameron County, in collaboration with the city of Harlingen, will host a second dose COVID-19 vaccination clinic

If you took your first dose at los fresnos Jan 13,21 the second dose will be Feb 10 6am at same site take your card and verification letter from CC health web page.

Anonymous said...

Even in Poorer Neighborhoods, the Wealthy Are Lining Up for Vaccines

Here its the opposite that shows everybody how the elected officials don't like their own kind pinches cocos mamones.
VOTE ALL OF THEM OUT!!!!

Anonymous said...

SpaceX’s latest prototype exploded in a massive fireball during a test flight crash landing on Tuesday — meeting a similar fate as a previous test rocket.

The steel Starship prototype Serial Number 9 (SN9), went up in flames at the end of an otherwise successful high-altitude test from Boca Chica, Texas.

The rocket, which flew as high as as 10 kilometers, or about 32,800 feet altitude, exploded in a massive fireball as it touched down, according to stunning footage of the crash.

The explosion was similar to one in December, when the company’s SN8 rocket was destroyed.

Anonymous said...

In a recent article posted by a local blogger, the gentleman made the following statement: “If you are Latino and send your kids anywhere but UTEP for undergraduate you are doing them a disservice.” I am sure that the University of Texas at El Paso is an institution of higher learning that provides its student with an excellent education and opportunities for further knowledge in their respected area as well as preparing them for a good career in their field of choice. However, being a Latino, how am I doing a “disservice” to my children if I allow them to attend Rice University or the University of Texas at Austin, both excellent institutions of higher learning and highly ranked schools in our nation?
Such a statement from a person who attended and graduated from the University of Texas at El Paso, make you wonder how can a highly regarded institution allows such a lunatic to attend their school of higher learning. Could it be that this individual used his Anglo given name to enroll in this institution? Perhaps, it was a special case where the University tried to assist an individual who had no other choice for enrollment in an institution of higher learning.

Anonymous said...


FOX News loses viewers -

The network fell behind CNN and MSNBC in key ratings figures for the first time in 20 years—a remarkable nosedive that has staffers worried and critics gloating.

Anonymous said...

“They do not need to provide documents to prove that they qualify. We do not want to create barriers that would prevent people from getting vaccinated,” Douglas Loveday, Texas DSHS press officer, said.
What documents do you need to get a vaccine if you qualify? A doctors letter, the state does not issue cards that state you have a certain medical problem.
I just hope and am surprised it hasn't happen here. Did the commissioners requested proof to the 750 vouchers they gave away???? I need proof as a taxpayer I need proof... pinches mamones

Anonymous said...

Yeah, now she asks for mercy -

Obese Ginni Thomas apologizes to husband’s Supreme Court clerks after Capitol riot fallout

The conservative activist, who is married to Justice Clarence Thomas, told a private online group comprising his former staff: “I would ask those of you on the contrary side to have grace and mercy on those on my side of the polarized world.”

- The "contrary" side is the party in power, Democrats, and not her far-right extremists pieces of shit pals.

Jenny Craig, loser!



Anonymous said...


Otra vez tu uña negra.

Anonymous said...

I attended TSC on a scholarship earned during my graduation from BHS and I earned another scholarship at TSC. I went on to Pan American College on an
athletic scholarship. I came back years later to attend Pan American Univerity-Brownsville and earned two master's degrees and made it. I have worked since they would hire me until my retirement and I have never asked
anybody for anything free. I consider myself a success and had a great life.
It is not the college; it is the student who is motivated to succeed.

Anonymous said...

We all know who released the video. He did it and know he runs the jail. Garza administration is the same people who were in conrado cantu administration even joe elizardi was conrado cantu chief jailer at that time and looked what happen to him. He is going to put all of his friends and fami look y and the girls he wants to sleep with under his order

Anonymous said...

When I finished HS HERE all scholarships were awared to gringos/a and all of them were sons and daughters of grinogs that owned downtown stores or other types of businesses. Not one hispanic got a scholarship. That's the way it was back then.

Anonymous said...

Where are all the comments from the Reyna clan and Bobby? The citizens should know that under Lucio and THE Reynas RETALIATION was a must.

Anonymous said...

So, it was okay for the previous administration to keep Elizardi but not the new administration? Just Reynas people making anonymous complaints on this blog.

Anonymous said...

Que no te duela, Javier.

Anonymous said...

Javier Reyna is mad because he is not going to be able to campaign in county time. Good Lord please spare us from this evil entity to be elected. Vote against the Reynas and their compadres.

Anonymous said...

I THOUGHT CAMERON COUNTY EMPLOYEES WERE UNDER THE PROTECTION OF THE TEXAS COUNTY CIVIL SERVICE STATUTE THAT PROVIDES PROCEDURES ON HOW COMPLAINTS AND TERMINATIONS ARE HANDLED????? AS FAR AS I UNDERSTOOD....CIVIL SERVICE PROTECTION WAS INPLACE FOR JAILERS TOOOOOOOOOOOOO???? (UNLESS THE COMMISSIONERS DID AWAY WITH CIVIL SERVICE BUT ONLY THROUGH A COUNTY REFERENDUM----THE VOTERS)????? VOTING IN ALL OF THE RECENT ELECTIONS...I HAVE NOT SEEN THIS PROPOSAL TO REMOVE COUNTY CIVIL SERVICE ON ANY VOTING BALLOT????? BEFORE ANY LIGATION COULD BE BROUGHT FORWARD BY THE JAILER...CERTAIN PROCEDURES NEDED TO BE FOLLOWED ACORDING TO THE CIVIL SERVICE RULES AND REGULATIONS????? 1. THERE SHOULD BE A COMPLAINT FILED AGANIST THE EMPLOYEE AND THE EMPLOYER IS REQUIRED TO GIVE A COPY OF THE COMPLAINT TO THE EMPLOYEE 2. THE COMPLAINT MUST BE INVESTIGATED AND THE EMPLOYEE BE ALLOWED TO RESPOND TO THE COMPLAINT 3. TWO THINGS CAN HAPPEN AT THIS POINT...REPRIMAND OR TERNIATION 4. EITHER WAY THE EMPLOYEE HAS A CIVIL SERVICE APPEAL PROCESS TO FOLLOW WITH CERTAIN TIME LIMITS 5. FIRST ON REPRIMANDS...APPEALS THROUGH CHAIN OF COMMAND UP TO THE CIVIL SERVICE COMMISSIONERS WHO HEAR APPEALS OR A TERMINATION WHERE THE EX EMPLOYEE APEALS HSI OR HER TERMINATION TO THE CIVIL SERVICE COMMISSIONERS WHO HEAR APPEALS BOTH REQUIREING TO MEED CERTAIN TIME LINES 6. ON BOTH CASES THE COMMISSIONERS ON A VOTE CAN EITHER THROW OUT THE REPRIMANDS OR REINSTATE THE EMPLOYEE BACK TO WORK 7. IF IT THE COMMISSIONERS DECISSION WAS NOT FAVORABLE TO THE EMPLOYEE THEN THE EMPLOYEE HAS A FINAL APPEAL TO A STATE DISTRICT COURT BEFORE A JUDGE!!!!!! FEDERAL SUIT??????????????????????????? SOUNDS MORE LIKE A STATE ISSUE????????????? THAT'S THE QUESTION FOR THE COURTS...DID THE EMPLOYEE EXERCISE HIS CIVIL SERVICE APPEAL PROCEDURES????? I'M NOT FOR THE COUNTY OR FOR THE EMPLOYEE!!!! THATS ALRIGHT THE COUNTY TAX PAYERS ALWAYS ENDS UP PAYING FOR THESE SUITS....ITS JUST MONEY>>>>OURS!!!!

IN EITHER WAY...I THINK THE EMPLOYEE SHOULD HAVE OR STILL HAS ONE LAST CRIMINAL REMEDY FAVORABLE TO HIM AND THAT WOULD BE TO FILE A CRIMINAL COMPLAINT WITH THE TEXAS RANGERS UNDER THE TEXAS PENAL CODE SEC 39.03 FOR OFFICAL OPPRESSION AGANIST THE DEPUTIES AND JAILERS WHO WERE ACTING IN THEIR COLORS OR OFFICE INTENTIONALLY THREATEN TO ARREST THE EMPLOYEE BY DISPLAYING HANDCUFFS, MENTAL MISTREATMENT, DETENTION ENCLOSED IN A OFFICAL COUNTY OFFICE, SEARCH OR SEIZURE AND DISPOSSESSION OF HIS TELEPHONE (UNKNOWN PERSONAL OR COUNTY). ALL OF THESE OFFICALS WRE PUBLIC SERVANTS ACTING IN THEIR OFFICAL CAPCITY????? THE EMPLOYEE IS STILL WITHIN THE STATUTE OF LIMITATION TO FILE THESE COMPLAINTS???????

NOTHING CHANGES AT THE COUNTY....SAME OLD BULLS___T!!!!!!!

Anonymous said...

The lawsuit can be filed on EEOC(federal) or state.

Anonymous said...

Under 42USC 1983 exhaustion of remedies not required.

Anonymous said...

Abuse of Official Capacity and so much more. If the citizens from Cameron County would only know that was regular protocol
for Javier Reyna. As he has been heard stating, "not my money. The county's money. Who cares."

Anonymous said...

El Javier criticaba a Conrado y es peor que el. Vato relajes. Mierda!

Anonymous said...

Speaking of Lucio sucio he's now more concern about dogs than voters. TYPICAL CULO COCO even speaks, so he thinks, like a pinche gringo BUT YOU'RE MESKIN PENDEJO AND BROWN AS A MOJON!!!!

Anonymous said...

Juan i agree with 7.35 pm also i got my education here at Porter HS, TSC, UT Pan AM and then finished at UTB with a Masters degree, its all about self motivation and nothing else if you want it and want to get ahead in life.

Anonymous said...

To Anonymous 7:35 pm and 1:32 pm:

Be proud of what you have accomplish and encourage others to do the same. My parents always told me that education is the key to success in life. But let us not forget that life also provides to others that are not as fortunate in the pathway of a good education if they are determine to succeed in life by working in a honest hard working manner. My Uncles were individuals with no formal education in their life but they used their self-learned skills as carpenters in the building construction business to make a very successful life for themselves and their families. Like Anonymous 1:32 pm, my youngest son also graduated from Porter HS and continued his education graduating from UT-Austin Law School. He is now a lawyer serving our community.

Anonymous said...

THIS CASE DOES NOT SOUNDS LIKE A DISCRIMINATION SUIT BECAUSE OF RACE, SEX, AGE AND SO ON EITHER UNDER EEOC FEDERAL OR STATE!!!!! FREEDOM OF SPEECH DOESN'T SOUND LIKE A GOOD CASE EITHER, MAYBE UNDER THE STATE WHISTLE BLOWER STATUTE MIND BE APPROPRIATE FOR WRONG DOING BY COUNTY OFFICIALS???? MAYBE THE IMMATE MAY HAVE A CASE VIOLATING HIS RIGHTS ON SOME FEDERAL OR STATE STATUTES....BUT THE IMMATE WOULD NEED TO FILE A COMPLAINT AND FILE SUIT?????? I DON;T THINK EVEN THE A WHISTLE BLOWER SUIT WOULD BECAUSE THE JAILER DID FILE HIS COMPLAINT TO AN PROPER AUTHORITY OR LAW ENFORCEMENT AGANCY TAHT RESULTED IN RETIATION BY HIS SUPERVISOR FOR REPORTING THE INCIDENT!!!! THE JAILER TOOK IT OUTSIDE THE REALM OF PROPER AUTHORITY LIKE A CANDICATE FOR SHERIFF?????

Anonymous said...

February 2, 2021 at 4:17 PM
I think you're in the wrong story idiota

Anonymous said...

Kidos to 5.40pm Congrats on your son becoming a Lawyer. Great to hear there are great and successful students from Brownsville High schools who are motivated to go higher. Amen. El 1.32pm. Porter HS Class 1977

Anonymous said...

To Anonymous 9:32 AM

You are correct in your thinking. However, your intellectual knowledge is lacking because their is a big difference between a story and an article. "Federal Lawsuit Claims Retaliation Against Jailer" by El Rrun-Rrun is not a story but a news article posted by the blogger. A very simple explanation is that a story inspires while an article informs.

Anonymous said...

Those of need to be held criminally liable. This is the reason we have a crooked system. Lucio and friends are above the law.. they are the worst crooks.. time for fbi to clean all that shot.. lock them up.

rita