Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rodriguez v. Children's Alliance of South Texas

United States District Court, W.D. Texas, San Antonio Division

January 23, 2018

ANDREA ANN RODRIGUEZ, Plaintiff,
v.
CHILDREN'S ALLIANCE OF SOUTH TEXAS, MIKEY BETANCOURT, AND JOEL RODRIGUEZ, JR., Defendants

          ORDER

          XAVIER RODRIGUEZ, UNITED STATES DISTRICT JUDGE

         On this date, the Court considered the status of the above-captioned case. After careful consideration, the Court DENIES Defendants' Motion to Dismiss. Docket no. 45.

         BACKGROUND

         Plaintiff brought this action on July 7, 2017, naming as Defendants Children's Alliance of South Texas (“Alliance”), Mikey Betancourt, and Joel Rodriguez, Jr. Docket no. 1. On November 15, 2017, Plaintiff filed her Amended Complaint, adding Thelma Trevino and Miguel Rodriguez as Defendants. Docket no. 39. Plaintiff seeks damages to remedy alleged violations of her First, Fifth, and Fourteenth Amendment rights. Id. at 1.

         Plaintiff was employed by Alliance on November 14, 2015, as a therapist. Id. at 3. Plaintiff states that Alliance is a “quasi-governmental entity” that provides children services. Id. at 2. Plaintiff alleges she was given periodic employee evaluations, at which she excelled. Id. at 4. She alleges her last evaluation was on June 14, 2016, and her Overall Performance Rating Assigned was “Above Ave, ” i.e., above average. Id.

         Plaintiff alleges she received an employee handbook that included in its “Rules of Conduct” that “Employees may engage in partisan political activities during their off-duty hours.” Id. Plaintiff states that on or about June 19-20, 2016, her local newspaper published a story about a police dog named “Ledger” that died after it was left in a running police car for about seven hours at the La Salle County courthouse. Id. The dog's death was allegedly investigated; it was determined there was “no foul play, ” and the officer that allegedly left the dog in the car was not charged and continued to work as a deputy. Id. Plaintiff alleges the story received a lot of attention and “caused a lot of people to comment about it since it was a matter of public concern.” Id.

         Plaintiff alleges that during her off-duty hours she commented on her Facebook page about the dog's death and investigation, which is available to her friends, colleagues, and the general public. Id. Plaintiff states that her specific comment read as follows:

I am so sad that officials that I trusted so much have chosen to handle Officer Ledger's death in such a disrespectful way. It is my opinion that these officials have total disregard for life and for their OWN.
God sees all. I still believe that there is criminal negligence involved and there is no one to help and those with the power to help have looked the other way. I cannot mention names, because I am related to one of them. There are other officials that have not stepped up to the plate. They are laying low on this issue because they are up for election. Where is the District Attorney on this, other judges....?
Ledger was not just a dog found on a street and trained by Gonzalez. Ledger belonged to and belongs to the taxpayers. He cost us thousands of tax dollars. As residents of this county we have the right to have our questions answered.
Ledger deserves to be represented by an attorney that we have elected at least to look at all of the evidence and not adhere to the “Good O'le Boy” system. Ledger deserves to be exhumed and buried at the cemetery like any other fallen officer with his murderer behind bars.
Cotulla has always been its own State and Government. It has never been about the people of the county. It has been about the very Officials that run it. The rich get richer and poor get poorer.
The behaviors that have been exhibited are pathological and sociopathic. The Narcissists that run our government do not care about human beings, much less a “dog” that ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.