A lawsuit accusing South San Independent School District of violating former board trustee Abel “Chillidogg” Martinez Jr.’s civil rights was dismissed last week by the U.S. District Court for the Western District of Texas.
Board President Manuel Lopez, Superintendent Henry Yzaguirre and district officers were named in the lawsuit by Martinez.
On Wednesday, it was dismissed with prejudice by U.S. District Judge Jason Pulliam after Martinez failed to meet a filing deadline. A dismissal with prejudice means Martinez will not be able to refile the suit.
In a press release, the school district’s lawyer Mark Anthony Sanchez said the court ruling fully “vindicated” Lopez, Yzaguirre and district law enforcement officers and proved they acted with integrity, professionalism and were compliant with the law.
“The dismissal puts a conclusive end to Mr. Martinez’s petty circus and shameless money grab,” Sanchez said in the statement.
Tensions plagued Martinez’s time as an elected trustee. He often got into disagreements with other trustees about school closures, budget issues and dress codes for board members.
On one occasion, Martinez was called a clown by Lopez for the way he dressed. The reprimand led some of Martinez’s supporters to show up to the next board meeting dressed as clowns, but they were escorted out of the meeting by district officers.
Martinez reportedly yelled at Yzaguirre during an executive session about a “mysterious package that had been delivered for him at the district’s administrative offices.” Yzaguirre then filed a criminal complaint against Martinez, and when officers informed Martinez of the arrest warrant days later, he sped away in his car and was also charged with evading arrest.
Though the criminal charges against Martinez were dropped for lack of evidence, he filed a lawsuit against the district in December claiming South San ISD retaliated against him, by arresting him, for being outspoken during board meetings.
Elsa Gonzales, replaced Martinez as the District 5 trustee after he declined to run for reelection in November.
According to court records, the judge said Martinez’s failure to respond by the deadline indicated he “declines to participate or continue to litigate this matter.”
But Elizabeth Russell, Martinez’s counsel, tells a different story.
In an email, Russell said the case was dismissed because the district filed motions without following the standing order requirements of the court while Russell was on vacation.
According to Russell, the district previously agreed Martinez would have until Jan. 31 to respond but is now “refusing to honor the agreement.”
“We will be filing a motion with the court for reconsideration and hope the court will reverse their decision,” Russell said.
