The lawsuit was first filed in state district court in April but was later transferred to federal court on June 24.
The Cameron County Commissioners Court in April filed a temporary restraining order against Garza alleging he is taking actions beyond his duties as sheriff.
The Commissioners Court Civil Legal Division said it had not choice but to file the suit because Garza acted outside the scope of his legal authority.
“These actions are in contrary to the Commissioners Court and the Texas Constitution, which Sheriff Garza is bound to uphold.
The order states that without authority Garza seized the court’s budget decisions and has disregarded the powers and authorities imposed by the Civil Service Regulations and unilaterally terminated a Memorandum of Understanding.
U.S. Magistrate Judge Ronald G. Morgan on July 9 recommended the case be remanded back to the 445 th state District Court on the basis that the federal court lacks subject matter jurisdiction.
In his recommendation, Morgan stated the involved parties have 14 days of being served a copy of his report and recommendation to file written objections, if any. He stated a party filing objections must specifically identify the factual or legal findings to which objections are being made.
The Memorandum of Understanding or MOU in question pertained to a Dec. 22,2016 agreement between then sheriff Omar Lucio office and Cameron County Precinct 2 Constable Abelardo Gomez Jr. that stated Gomez’s office would be in charge of courthouse security and provide the officers with a law enforcement commission. “The MOU became effective in 2013 and is required to be updated if there are any changes to the elected officials that signed the MOU.”
The TRO read that on March 25, 2021 Garza sent Gomez and Commissioners Court a letter that stated the MOU would be terminated on March 29, 2021 and that the courthouse security would fall back under the sheriff department’s supervision.
