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Constable Todd’s office faces $2.5 million suit

(Created: Thursday, May 14, 2009 5:24 PM CDT)


Stephanie Flemmons, Staff Writer

Collin County Constable Johnny Todd’s office is facing a $2.5 million lawsuit for allegedly executing an invalid eviction.

But, Robert Davis, an attorney defending the constable’s office, said the lawsuit is frivolous and should be dismissed.

Robert Wright claims that Todd and three other constables illegally pursued the eviction even though the writ of possession was signed by a Dallas County court, although he lives in Plano, which is in Collin County.

“The constables knew it was wrong to execute an eviction in Collin County when the writ of possession was issued out of Dallas County,” Wright said. “I called the Dallas County court and they told me they did not have jurisdiction over the case. What the constables did was illegal.”

Davis claims the constables acted in pursuant to a lawful writ and Wright is not familiar with the law.

“It would have been illegal if they did not execute the eviction,” Davis said. “Constables are not allowed to second guess a judge’s orders. The order was signed by a judge authorizing eviction. [Wright] does not know what he is talking about.”

Wright claims that legal conglomerate Fulbright & Jaworski used their power and name to deceive a judge to sign the order by inserting deceptive language.

“They know there was fraud going on,” Wright said. “But, they think they are too powerful and above the law. They think I’m a pushover.”

Wright also claims when he contacted the Collin County clerk while the eviction was taking place, the clerk’s search of their database found no record of an eviction or foreclosure listed under his name. Wright said the clerk asked him when the eviction hearing took place and he told her he never had one. Wright said the clerk told him that was illegal.

“They did not offer a hearing because they knew I could stop the eviction,” Wright said. “They can’t have that. They have been trying to get my home for 10 years.”

According to Wright’s court filing, the validity of the eviction deteriorated even further when he called a constable that was involved in the eviction and was allegedly told that “he knew something was wrong with the eviction, but the lawyer told them to get it done.”



Wright said when the four constables came to his home to execute the illegal eviction, they displayed aggressive behavior.

“Todd threatened to kill my dogs because they would not stop barking,” Wright said. “He put his hand on his pistol and told my roommate if she could not take care of them, he would.”

Wright also claims Todd kicked his truck in an attempt to intimidate him to leave the property.

“It’s very frustrating knowing how illegal everything is, but you are facing four people with guns,” Wright said.

Davis said a court hearing will take place June 11 and he will ask the course to dismiss the case.

“Wright is known for filing lawsuits. This is his one last attempt,” Davis said. “I plan to ask the court to dismiss the case, reimburse the county for attorney’s fees and have him barred from filing anymore lawsuits related to this matter.”

Contact Stephanie Flemmons at sflemmons@acnpapers.com

Source: http://www.planostar.com/articles/2009/05/15/breaking_news/99.txt


Download the Case Documents***  (see Petition on page 35)


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Quote 0 0
O -
 That's good.
 
Some one needs to enforce the laws of this country.
 
The Police officer, lawyers, and Judges need to be held accountable the same as anyone else.
 
I know now, why I keep seeing it called Kangroo court.

Best of Luck!


Quote 0 0
Sara
Too bad they didn't pull out the digicam so everyone on UTube could see Todd doing this!

Sara
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    Quote 0 0
    Strip Clubs?

    Dallas County constable who resigned in disgrace files lawsuit against old employees

    3:18 PM Mon, Apr 06, 2009 |  |  Yahoo! Buzz
    Kevin Krause/Reporter    Bio |  E-mail  |  News tips

    NM_09DUPREEmike.JPG
    Mike Dupree, who resigned as a Dallas County constable in 2007, has sued some of his former employees saying they conspired to boot him from office so they could keep working at strip clubs.

     

    Dupree, the former Precinct 5 constable, filed his lawsuit March 25.

    The problem is, the agreement he signed with the county and state attorney general in 2007 said he would not file any lawsuits related to the matter.

    That means the employees, two of whom no longer work for the constable's office, could take him to court for violating his agreement and ask a judge to dismiss the lawsuit. The district attorney's office will be representing the men.

    Under his agreement with the state and county, Dupree also agreed to plead guilty to a misdemeanor charge of abuse of official capacity. He vowed never again to seek public office in Texas and agreed to relinquish his peace officer license.

    For details about Dupree's lawsuit, go to the jump.

    Dupree sued Leo Armendariz, Donald Carter, James Decoux, Rafael Hernandez, Alphonso Lizcano, Robert McCarty and Leslie Willie.

    Decoux and Hernandez no longer work for the Precinct 5 constable's office, which is now led by Constable Jaime Cortes.

    Dupree alleges in his suit that all of the deputies except Hernandez worked off-duty security jobs at strip clubs. He said they conspired to make false allegations against him after he wrote a new policy in January 2007 banning such off-duty work.

    "These defendants wanted to remove plaintiff in order to continue the lucrative work as well as other illicit activities some defendants participated in while working at adult clubs," the lawsuit said.

    He is suing for abuse of process (for filing a frivolous removal petition), tortuous interference with an employment contract (by filing the sexual harassment complaints against him), and civil conspiracy.

    Dupree wants compensation for loss of wages as well as mental anguish.

    Quote 0 0

    Best of luck!  You deserve a win.

    Quote 0 0
    Jack's a true hero he's been fighting all these years to preserve everyone's property rights and right to due process including law enforcement agents.

    Hard to imagine anything more evil than using deadly force to kick law abiding honest citizens, especially productive businessman like Jack out of their own homes and out in the street to die and repeating the process coast to coast year after year until our whole country is destroyed.

    No disrespect to honest law enforcement, but wouldn't it make sense to pursue a handful of criminals than frame huge numbers of honest law abiding citizens and give their assets to dictatorial criminals buying influence with stolen money?

    Quote 0 0
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