Federal Court denies Maverick County’s Motion to Vacate Default Judgment in Civil Lawsuit
By: Jose G. Landa
Copyright 2013 Eagle Pass Business Journal
Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona were denied their Motion to Vacate Default Judgment in a civil lawsuit filed and pending before the United States District Court for the Western District of Texas, Del Rio Division, on September 30, 2013, by U.S. District Judge Alia Moses.
On November 9, 2011, Plaintiffs Jose Cabello, Maria Cabello, Anailu Cabello, and Christabel Cabello filed a civil lawsuit against Maverick County, Maverick County Sheriff’s Department, Javier Cardona, and 11 federal agents of the U.S. Immigration and Customs Enforcement in the United States District Court for the Western District of Texas, Del Rio Division, in Del Rio, Texas for damages sustained from a joint Maverick County Sheriff’s Department and federal ICE execution of a search warrant on July 26, 2010 in Plaintiffs’ residence in Eagle Pass, Texas. Defendant Javier Cardona, a member of the Maverick County Sheriff’s Department, shot Plaintiff Jose Cabello while executing the search warrant while standing by the doorway of his kitchen striking Cabello on the right shoulder, and another Maverick County Sheriff Department Officer Jose Blanco also fired on Plaintiff Jose Cabello but missed him. All of the Plaintiffs were arrested and hand-cuffed upon execution of the search warrant by the joint Maverick County and ICE operation.
After the execution of the search warrant and detention of Plaintiffs, the joint Maverick County Sheriff’s Department and ICE operation determined that they had executed the search warrant on the wrong address and suspects. They had made a mistake on the wrong address and suspects. Plaintiffs filed a civil lawsuit in federal court alleging damages arising from violation of their state, federal, and constitutional civil rights.
Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona were served with the Plaintiffs’ federal lawsuit on November 16, 2011, requiring that they answer the lawsuit on or before December 7, 2011. Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona failed to timely answer the Plaintiffs’ complaint by December 7, 2011. On December 20, 2011, Plaintiffs filed a Request for Entry of Default against Maverick County, Maverick County Sheriff’s Department, and Javier Cardona. On February 21, 2012, the U.S. District Court granted Plaintiffs’ Request for Entry of Default. Plaintiffs forwarded a certified copy of the Entry of Default Judgment to Defendants on February 28, 2012. On March 2, 2012, Defendants by and through Maverick County Attorney Ricardo Ramos contacted Plaintiffs’ attorney and advised him that they planned to file a Motion to Vacate Default Judgment promptly. On August 15, 2012, the Plaintiffs filed a Motion for Default Judgment against Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona. Finally, on September 5, 2012, Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona filed a Motion to Vacate Default Judgment.
Although Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona argued to the federal court, through Maverick County Attorney Ricardo Ramos, that their failure to timely answer the complaint was due to their change of insurance companies and confusion resulting as to which insurance company was supposed to answer and defend the complaint, U.S. District Judge Alia Moses denied Defendants Motion to Vacate Default Judgment because “the Defendants had waited over six months after learning of the entry of default” in March of 2012 “before taking any corrective action.” U.S. District Judge Alia Moses found that “the reality is the Defendants, aware of the deficiencies, chose to remain silent for half a year before seeking any recourse. That is no mistake–that is a calculated decision. This Court would be creating dangerous precedent if it looked the other way when a party so blatantly ignores the most basic procedural rules. Defendants’ inaction rises to the level of willfulness.”
U.S. District Judge Alia Moses concluded that “in seeking to vacate the entry of default, the Defendants had the burden of showing good cause. They were unsuccessful in arguing that the failure to respond did not result from their own culpable actions. After a finding of willfulness, no other inquiry is necessary. Therefore, the Defendants’ Motion to Vacate Default Judgment is DENIED.”
As a result of U.S. District Judge Alia Moses’ denial of Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona are liable for the damages sustained by Plaintiffs arising from the wrongful execution of the search warrant to be determined at a future hearing on the total amount of damages to be proven by Plaintiffs in federal court. Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona may appeal U.S. District Judge Alia Moses decision denying their Motion to Vacate Default Judgment to the U.S. Court of Appeals for the Fifth Circuit or seek their insurance company to pay the judgment, sue the insurance company for failure to timely answer the lawsuit, or pay the judgment.
One thing is certain, however. Maverick County taxpayers may have to foot the bill in paying a judgment if Maverick County is unable to reverse the decision on appeal or recover from Maverick County’s insurance company.
Plaintiffs are represented by San Antonio, Texas attorney Felix Gonzalez. Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona are represented by Maverick County Attorney Ricardo Ramos.
Maverick County Commissioners Court has placed an agenda item on their October 10, 2013 meeting at 5 P.M. to discuss and possible action to advertise for Maverick County Legal Counsel. It appears that Maverick County Commissioners Court is seeking new civil legal counsel for Maverick County.
