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90-Day Discovery Stay Issued in Civil Rights Case Against Shelby County & City of Tenaha Officials

By Michael C. Smith

"On the HE--WT line,

Old East Texas sure looks fine

Drop me off just anywhere (near)

Tenaha, Timpson, Bobo, and Blair

* * *

Let'er highball, engineer,

Pull that throttle, track is clear,

There's a gal just waitin' there,

Tenaha, Timpson, Bobo, and Blair."

As he reports today, Texas Lawyer's John Council was dropped off in fine old East Texas yesterday, attending an interesting hearing before Judge T. John Ward in a Marshall case that alleges that what is waitin' at the station in Tenaha was not exactly a gal ...

In Morrow, et al. v. Washington, et al., Danny Green, a former investigator for the Shelby County District Attorney's Office who is a defendant in a federal civil-rights suit sought a 90-day stay of discovery because, as he disclosed to the Court, he is also the target of a U.S. Department of Justice investigation.  

Mr. Green, Shelby County District Attorney Lynda K. Russell, City of Tenaha Deputy City Marshal Barry Washington, City of Tenaha Mayor George Bowers and Shelby County Precinct 4 Constable Randy Whatley are the five defendants in Morrow, a civil-rights class case in which the plaintiffs allege the defendants confiscated property and money from numerous non-white motorists as they traveled through the East Texas city of Tenaha.  See "District Attorney Named as Defendant in Federal Civil Rights Suit," Texas Lawyer , Nov. 17, 2008, page 1.]  All defendants have denied the allegations.

Now why does Tenaha sound familiar?  Because it is part of the "Tenaha, Timpson, Bobo & Blair" phrase made famous in a Tex Ritter song.  No, seriously - see here.  The names are actually a traditional phrase for good luck by crapshooters rolling double fives - sort of like "Eighter from Decatur, the county seat of Wise."  No, I am not making this up).  

Texas Lawyer reports that last month, Green and Russell filed sealed motions in Morrow requesting that discovery involving them be stayed, and at the hearing yesterday Russell's attorney asked Judge Ward to close the hearing to avoid "adverse publicity" (well, so much for that - Texas Lawyer showed up and now EDTexweblog is interested as well).  "I've never closed a hearing," Ward replied. "And you do agree that your client is a public official? . . . The motion to close is denied."

Green's criminal-defense lawyer told the Court that "[i]t's clear to me that my client . . . is most assuredly going to be indicted by DOJ."

Tim Garrigan of Nacogdoches' Stuckey, Garrigan & Castetter who represents all of the plaintiffs (along with David Guillory, a lawyer with Lone Star Legal Aid who is representing the plaintiffs individually, and not on behalf of LSLA), asked Ward not to stay discovery, but Judge Ward disagreed, deciding to issue a 90-day temporary stay of discovery.

Here's what the suit is alleging, according to those who are interested, but too lazy to click to the Texas Lawyer story:

Among other things, the following is alleged in the third amended complaint in Morrow : Washington stopped lead plaintiff James Morrow on Aug. 31, 2007, as Morrow drove through Tenaha on State Highway 59. After searching Morrow's car, Washington and Whatley found no evidence of illegal activity. However, Washington and Whatley seized $3,969 in cash from Morrow, as well as two cell phones, and arrested Morrow for money-laundering. Later, Washington and Russell allegedly told Morrow, of Pine Bluff, Ark., "they would hold him prisoner and prosecute him for money laundering unless he would agree to forfeit the $3,969. Under this duress and these threats, defendants Washington and Russell released plaintiff Morrow and warned him to not hire a lawyer or try to get his money back."

As alleged in the third amended complaint, defendants Washington and Whatley, in consultation with Russell and Green, required two plaintiffs to sign a "Waiver of Service" and "Agreed Final Judgment of Forfeiture" of $4,500 "under threat of bogus prosecution and imprisonment." As further alleged, Washington, Whatley, Russell and Green took approximately $6,037 from two other plaintiffs and threatened to bring money-laundering charges against them and to put their children in foster care if those plaintiffs would not sign papers prepared by the defendants to authorize the seizure.

See 90 Day Discovery Stay Issued in Civil-Right Suit (Emphasis mine).

(Photo of Plaintiff's counsel Garrigan and Guillory from Texas Lawyer by Danny Hurley)

 

Full post as published by Eastern District of Texas Federal Court Practice on April 16, 2010 (boomark / email).