Recall petitioners sue San Juan officials

SAN JUAN — Nearly five months after a grand jury found no evidence to indict them, recall petitioners in San Juan are back with a lawsuit against city officials, accusing them of slander, libel, defamation, assault, false imprisonment and civil conspiracy.

Critics of the commission first filed a petition in December 2010 attempting to recall all four city commissioners. After the second attempt to submit a second petition, authorities arrested all five petitioners and their notary public in January 2011 on charges of forgery and fraud.

The city had hired a McAllen-based private investigator who obtained affidavits from 51 people who said they had signed the document under false pretenses. But a grand jury convened in September declined to indict the group.

Five of the six people arrested — Ruben Navarro, Gloria Martinez, Yolanda Alvarado, Ramiro Treviño and Elisa Sanchez — and six of their family members filed the lawsuit last week.

It names as defendants in their individual and official capacities: Police Chief Juan Gonzalez, Sgt. Rodolfo “Rudy” Luna, Commissioners Eddie Suarez and Roberto “Bob” Garza, City Secretary Humberto “Bobby” Rodriguez, City Attorney Jerry Muñoz, private investigator Ricardo Tamez and the City of San Juan itself.

The lawsuit does not individually include Mayor Pro Tem Armando Garza or former Mayor Pro Tem Lupe Rodriguez, who — along with Suarez and Bob Garza — were also targets of the attempted recall.

The suit accuses those involved of deliberately targeting petitioners, using intimidation to obtain false affidavits, issuing improper warrants, arresting them without cause, publicly calling them liars and cheats in the media and damaging their reputations.

It also accuses authorities of arresting them with undue force — with the help of U.S. Deputy Marshals — at night, in their homes.

“They were acting like we were murderers. We’re community activists,” Treviño said.

The suit alleges that authorities burst into Navarro’s home with guns drawn while the family was asleep, frightening his wife and teenage children. It claims police did the same thing at Alvarado’s house and mistakenly handcuffed her husband, Juan Luis Alvarado.

Gonzalez declined to comment on the litigation, referring all questions to attorneys.

City leaders discussed the lawsuit during executive session in a meeting Monday and voted to give authority to attorneys to proceed as necessary. Muñoz said the city would hire an outside attorney to handle the case and said he expected a response to be filed soon.

The suit requests recovery of attorneys fees paid during the petition process and any damages the law allows. Treviño said he had nothing specific in mind as what he hoped would be awarded.

“I don’t know, because it has never been my intention to sue my city,” he said.

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Elizabeth Findell covers Pharr, San Juan, Alamo, the Mid-Valley and general assignments for The Monitor. She can be reached at efindell@themonitor.com and (956) 683-4428.

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BACKGROUND
Click here for a brief history of San Juan's recall petition battle and links to all past stories.