Judge dismisses lawsuit that sought to have McManus removed as police chief

SAN ANTONIO – A Bexar County choose has dismissed a lawsuit filed early this year that sought to have San Antonio Police Department Chief William McManus removed from his position.

The “quo warranto” swimsuit filed in Bexar County district courtroom in January by Texas Attorney General Ken Paxton tried to have the longtime chief removed from his office over his dealing with of a 2017 immigrant launch incident.

“Quo warranto” is a Latin phrase which means “by what warrant?” and primarily requires somebody in a position of authority to display why she or he acted a sure manner.

The swimsuit claimed McManus repeatedly violated the Texas Government Code in December 2017 when he made the choice to launch 12 suspected undocumented immigrants discovered inside a tractor-trailer on the East Side as an alternative of handing them over to federal immigration officers.

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Judge Mary Lou Alvarez dismissed the case Tuesday, citing a scarcity of subject material jurisdiction, courtroom data present.

Subject matter jurisdiction is basically a courtroom’s skill to hear solely sure kinds of claims.

City Attorney Andy Segovia, who described the submitting as a frivolous lawsuit earlier this year, applauded the courtroom’s resolution in a press release launched Wednesday afternoon.

“We are obviously pleased with the result. The City of San Antonio and the Chief have always cooperated and continue to cooperate with federal authorities, which is what SB4 mandates. Unfortunately, this lawsuit and the accompanying lawsuit in Travis County are unnecessary politically driven drains on public resources,” Segovia stated by way of a metropolis spokeswoman.

A second lawsuit filed by Paxton in opposition to McManus in Travis County in late 2018 relating to the identical incident stays pending, though there was no motion within the case since mid-September, courtroom data present.

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Paxton has repeatedly stated McManus’ resolution to launch the suspected immigrants was a violation of Senate Bill 4, a controversial legislation handed months earlier than the incident that requires legislation enforcement companies in Texas to cooperate with federal immigration authorities.

A Defenders investigation in February revealed that the town had spent greater than $2.75 million in exterior legal professional charges to struggle the Travis County swimsuit, which additionally named the police division and the town.

The metropolis was ready to get a choose to dismiss parts of that swimsuit in the summertime of 2019.

After the Defenders sought remark from McManus Wednesday, SAPD media officers deferred to the assertion from the town legal professional’s office.

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