Maverick County Commissioners Court approve to investigate Legal Malpractice & Settlement Claims in Federal Court case

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015

Maverick County Commissioners Court discussed in Executive Session the pending default judgment entered against Maverick County in the federal court case of Jose Cabello et al v. Maverick County et al, DR-11-CV-00078-AM-CW with Legal Counsel Mark Sanchez at their meeting held on Monday, December 14, 2015 and returned into Open Session to make a motion to investigate any legal malpractice claims Maverick County may have against former County General Counsel and participate in mediation to attempt to settle the case against Maverick County.

Maverick County was sued together with other federal defendants by Jose Cabello for being wounded by gunfire at his home while a warrant of arrest was being executed at his home in Eagle Pass, Texas by Maverick County Sheriff Deputy Javier Cardona on July 26, 2010. Maverick County failed to answer Cabello’s lawsuit timely and a Default Judgment was granted by U.S. District Judge Alia Moses for the Western District of Texas, Del Rio Division, on February 21, 2012.

After reconvening into Open Session, Maverick County Judge David R. Saucedo asked Commissioners Court if there was any motion on Agenda Item No. 43-2 regarding the Jose Cabello et al v. Maverick County et al federal lawsuit.

Maverick County Commissioner of Precinct No. 1 Gerardo “Jerry” Morales made the following motion before Commissioners Court: “ I would like to make a motion that our legal counsel investigate and pursue all viable and legal claims against former Legal Counsel for professional negligence related to the Jose Cabello case and for the County to engage in mediation as discussed in closed session.”

Commissioner Morales’s motion was then seconded by Commissioner of Precinct No. 3 Pete Venegas, Jr.

Judge Saucedo asked if there was any discussion, questions, or comments on this matter by Commissioners Court and there being none, Judge Saucedo placed the motion for a vote, which was unanimously approved. Commissioners Court approval authorizes Legal Counsel Mark Sanchez to proceed to investigate any potential legal malpractice claims that Maverick County may have against their former General Counsel as well as participate in mediation to attempt to settle the federal default judgment entered against Maverick County in the Cabello case.

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 (ICE) in the United States District Court for the Western District of Texas, Del Rio Division, in Del Rio, Texas on November 9, 2011 for damages sustained from a joint Maverick County Sheriff’s Department and ICE execution of a search warrant on July 26, 2010 at Jose Cabello’s  residence in Eagle Pass. Defendant Javier Cardona, a member of the Maverick County Sheriff’s Department, shot 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 Deputy 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 executing 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, committing a mistake. 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, U.S. District Judge Alia Moses granted Plaintiffs’ Request for Entry of Default against Maverick County and other Maverick County defendants.

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 the Default Judgment.

Defendants Maverick County, Maverick County Sheriff’s Department, and Javier Cardona’s Motion to Vacate the Default Judgment was denied by U.S. District Judge Alia Moses on September 30, 2013.

The former Maverick County General Counsel which Commissioners Court’s motion is against is Maverick County Attorney Ricardo  Ramos.