|
Only have a minute? Listen instead
Getting your Trinity Audio player ready...
|
A federal judge has dismissed a lawsuit seeking $20 million in damages over a “false arrest” and “attempted political take-down” brought by a Hidalgo school district principal who was arrested by that city’s police department, a charge which was later no-billed by a grand jury.
U.S. District Judge Randy Crane granted on Aug. 18 a motion to dismiss the lawsuit filed by Hidalgo Early College High School Principal Rafael Tinoco. That ruling said Tinoco failed to state a federal claim.
Tinoco filed the 27-page federal lawsuit on April 20.
He alleged that the city of Hidalgo and three police officers violated his constitutional rights during his arrest.
That arrest happened on March 24 when police charged him with tampering with a witness.
The Hidalgo Police Department had accused Tinoco of telling Guadalupe Amaya, a coach, to change a written statement regarding the alleged assault of a student by Athletic Director Monty Stumbaugh, who was arrested on March 25.
A Hidalgo County grand jury in June also no-billed Stumbaugh.
Stumbaugh’s attorney, Hector Pena Jr., who described his client’s arrest as a “political hit job,” threatened legal action after Stumbaugh was cleared.
As of Thursday evening, a search of court records did not immediately show any lawsuits filed by Stumbaugh.
While Tinoco lost in federal court, he can still pursue legal action in state court.
“The City Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint … is granted. Rafael Tinoco’s federal claims against the Officer Defendants and the Policymaker Defendants are Dismissed with prejudice for failing to state a plausible claim to relief,” Crane wrote in the order. “His state law claims against Guadalupe Amaya are dismissed without prejudice to their being timely asserted in state court.”
