A non-denominational chaplain alleges he was illegally fired from his jail post after he would not resign, according to a lawsuit against Cameron County Sheriff Eric Garza and the Catholic Diocese of Brownsville.
Adam M. Gomez Jr, the plaintiff, had served as a non-denominational chaplain at the county’s four detention facilities since Sept. 15, 2015, when longtime county Sheriff Omar Lucio had been in office.
The incumbent sheriff was ousted by political challenger Eric Garza during a primary runoff election in July 2020. Garza then secured election in November 2020 and has been serving his first term since taking office in January 2021.
Garza did not immediately respond Monday to a request for comment.
The plaintiff’s lawsuit alleges he was told the department did not have funds to pay for his salary and benefits as a chaplain.
Gomez alleges in his lawsuit that he was terminated through two letters. “The first letter does not offer an excuse for the termination,” the lawsuit states, also alleging that the letter was dated June 15, 2021 but was delivered on the termination’s effective date of Aug. 13, 2021.
The second letter cited Gomez was unable to timely submit medical clearance for fitness of duty, the lawsuit stated. Gomez has high blood pressure, which had not been a factor in his employment as a chaplain, but precluded him from transitioning to employment as a detention officer and he “subsequently did not meet the medical requirements for this position,” he alleges.
The lawsuit purports those were pretenses and that he was illegally fired, in part, because “Garza was elected Cameron County Sheriff and wrongly and illegally suspected (Gomez) of disloyalty due to his service as Chaplain under the previous administration.”
Further, the lawsuit alleges Gomez was fired because he was a non-denominational chaplain rather than Catholic; that Garza and the Catholic Diocese of Brownsville wanted a Catholic chaplain to take over at the detention facilities; and that Gomez was 62 years old with a medical conditional irrelevant to his position as chaplain; and finally that Gomez needed to take time off to care for his wife while she was experiencing medical difficulties.
On Monday, the Diocese of Brownsville denied the allegations made against the diocese.
“All our ministers who visit prisoners in jail and detention centers are volunteers,” said Brenda Nettles Riojas, the diocesan relations director. “Adam M. Gomez was never an employee or a volunteer of the diocese. After a thorough review, we find there is no substance to the claims made against the Diocese of Brownsville in the lawsuit.”
The lawsuit filed March 17 also names Deputy Sheriff Robert Gracia as a defendant, who was not immediately available for comment.
Beyond the termination complaint, the lawsuit alleges attempts were first made to get Gomez to resign.
“Defendants used degrading and belligerent tactics in an attempt to force Plaintiff’s resignation,” the lawsuit states. “When he did not resign, his employment was terminated as described above even though he was fully qualified for the position.”
Damages sought by the lawsuit include legal and attorney’s fees, back pay and interest. The lawsuit also seeks compensation for emotional pain, loss of enjoyment of life, mental anguish, loss of benefits, loss of earning and loss of earning capacity.
Gomez’s lawsuit also seeks his rehiring as a chaplain.
