A federal judge has dismissed Corpus Christi Mayor Paulette Guajardo’s lawsuit that, in part, sought to end the removal proceedings against her — however, it doesn’t appear that the case has reached its conclusion and is being appealed.
Records show U.S. District Judge George C. Hanks Jr. signed an order July 15 denying Guajardo’s claims against the city of Corpus Christi and five City Council members.
In his filing, the judge wrote that he had concluded that Guajardo had “failed to state a legally cognizable federal claim” and that she had not sufficiently shown a violation of either the Constitution or federal laws.
He also pointed out that the removal proceedings had been launched through a citizen-submitted petition and asserted that “the facts pled by Guajardo fail to show that the removal proceedings against her lack a rational basis.”
The federal claims are shown as dismissed with prejudice.
A state claim, alleging that the council doesn’t have “legal authority to continue to pursue removal proceedings under the City Charter, or any other law,” is also dismissed, but without prejudice, according to Hanks’ order.
Guajardo had argued she was being treated differently than other council members and also claimed First Amendment retaliation, in addition to due process violations, according to Hanks’ memo.
Of the due process claim, he wrote that she had “not established a property interest in her position as mayor that is entitled to federal due process protection.”
Guajardo’s attorneys filed a notice July 15, records show, indicating an appeal would be filed with the U.S. Court of Appeals for the 5th Circuit on Hanks’ “Memorandum Opinion and Order granting Defendants’ motions to dismiss and dismissing Plaintiff’s claims under federal and state law.”
“The Mayor respects the Court and understands that it believes that a duly-elected official does not have a protectable interest under Section 1983,” wrote John Flood, Guajardo’s attorney, in a July 15 message to the Caller-Times. “We believe the law is that an elected official does have a legal interest in the office they hold and we will ask the Fifth Circuit Court of Appeals to reverse that decision.”
Stephen McMains, who represented five council members named as defendants — Carolyn Vaughn, Gil Hernandez, Sylvia Campos, Kaylynn Paxson and Eric Cantu — also weighed in on the judge’s decision.
“I think we felt good about our position in terms of the filings and were proven right in federal court,” he said.
An attorney representing the city of Corpus Christi in the matter did not immediately respond to a request for comment.
Guajardo had originally filed the federal complaint April 13 and initially won a temporary restraining order barring the council from suspending her during its April 14 meeting.
It was not renewed past the first issuance, and an injunction was not granted.
The removal hearing
The federal case had been related to removal proceedings catalyzed by a citizens’ petition.
Petitioners accused Guajardo of being aware that developers seeking tax incentives had used an altered screenshot as part of a presentation requesting the funding, but placed an item on the agenda — which was ultimately approved — to move forward with the agreement.
Elevate QOF LLC, developers of a Homewood Suites hotel, have said the screenshot was not intended to mislead and that it was instead a formatting error.
Articles of impeachment later filed additionally accused the mayor of perjuring herself in a deposition taken as part of a separate lawsuit, filed by a competing developer, that aims to invalidate the agreement.
Both Guajardo and the developers have denied allegations made through the petition and through the hotelier’s lawsuit.
A law enforcement investigation and an outside legal review did not find criminal wrongdoing.
The removal hearing of the mayor is scheduled for next week.
It is not a criminal proceeding.
The hearing will function similarly to a civil case trial, with the petitioners and Guajardo presenting evidence and questioning witnesses.
The City Council will be the sole decider on whether Guajardo keeps her office.
Council members participating in the panel are Hernandez, Vaughn, Campos, Paxson, Cantu and Mark Scott.
City Councilmen Everett Roy and Roland Barrera have said they will abstain.
Kirsten Crow covers city government and water news. Have a story idea? Contact her at kirsten.crow@caller.com.
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This article originally appeared on Corpus Christi Caller Times: Corpus Christi mayor’s federal case related to removal effort dismissed
Reporting by Kirsten Crow, Corpus Christi Caller Times / Corpus Christi Caller Times
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By Kirsten Crow, Corpus Christi Caller Times | USA TODAY Network
