GRACIA SUES COUNTY TO PAY HIS DEFENSE IN FEDERAL COURT

Special to El Rrun-Rrun

Cameron County Chief Deputy Robert Gracia has sued Cameron County Judge Eddie Treviño and commissioners Sofia Benavides, Joey Lopez, David Garza, and Gus Ruiz in state court saying they erred in not paying for his defense after he and Sheriff Eric Garza were sued in federal court for political retaliation by Sgt. Rodrigo Almanza.

The Gracia lawsuit was filed Tuesday morning and was assigned to the 404th District Court. 

Almanza sued the pair in federal court in their personal and official capacity for what he charges was political retaliation because he openly supported and campaigned for the late and former sheriff Omar Lucio. He charges that the retaliation started as soon as Garza – who was in a runoff against Lucio –  took office on January 1, 2021.

In his lawsuit in state court, Gracia says that Garza took office on January 1, 2021 and "appointed" him as his Executive Chief Deputy. Then, on April 6, 2021,both were sued by Almanza, in their individual and official capacities and that he on multiple occasions requested a defense from the commissioners curt.

"Defendants ignored, refused to consider, and never took official action on (Gracia’s) request for an attorney and/or a defense in either his official capacity or individual capacity. (They) acted arbitrarily, capriciously, and illegally in not considering and constructively denying Plaintiff a defense and attorney in both his individual capacity and official capacity for the federal Lawsuit. Even though the official capacity suit is essentially a suit against Defendant Cameron, (they) failed to provide legal defense and attorney to Plaintiff in his official capacity. "

He charges that "(they) acted arbitrarily, capriciously, and illegally in not considering and constructively denying Plaintiff a defense and attorney in both his individual capacity and official capacity..."

Treviño and the commissioners voted to appoint defense counsel for Garza, but voted not to provide (and pay for) legal representation for Gracia because he was not an county employee during the period in question in the Almanza lawsuit in federal court. Gracia charges that as a result, he was forced to retain legal counsel to represent him in the federal lawsuit in both his individual and official capacity.

As early as December 31, 2020, Gracia started issuing directives to department employees requiring them to attend Garza's swearing in ceremony and to submit applications for their current positions and warned that if anyone failed to comply, they could face termination. 

But as the commissioners court found out a few days after the complaints started to mount, the county's Human Resources Office informed them that Gracia was not a county employee and had no authority issuing orders, or to have access to personnel confidential information, or to view sensitive case files or undercover and criminal investigations.

In fact, his name was not among the eight individuals who had applied for the chief deputy position and had been improperly "appointed" by Garza as chief deputy.  And if it had been, he would have been disqualified because the job description called for Texas Commission On Law Enforcement (T-COLE) certification and he did not have it. 

It wouldn't be until three months later (March 22, 2021) that Gracia managed to pass the test and that he was officially hired as chief deputy. Almanza's allegations of retaliation by him and sheriff Garza are said to have occurred during the time before Garza was officially notified of his hiring.

Gracia retired from the U.S. Customs before heading Garza's campaign for sheriff and was one of his most generous campaign contributors.

In his lawsuit, Gracia alleges that the court'as Civil Division was in a conflict of interest because it had sued both Garza and Gracia over a dispute over providing security and bailiffs for the county's courts, a duty claimed Garza to be under his authority, but which the commissioners court funded under their court security budget based on an agreement with Lucio. They placed Pct. 2 Constable Abel Gomez in charge of court security and provided him with a 15-person court security staff.

The court and the sheriff's department eventually reached an agreement transferring security to the sheriff, but continued funding the officers under Gomez to provide security to other county facilities.

In the new lawsuit, Gracia requests the court enter a declaration that he is entitled to be reimbursed for his attorney’s fees by Defendants under the applicable statutes and the common law.