Court allows suit claiming judge retaliated against investigator who tried to serve summons on him
A Texas appeals court has refused to dismiss a suit claiming that a judge instigated the prosecution of a licensed investigator and licensed process server for trying to serve a summons on the judge at the Beaumont courthouse.
The court allowed the malicious prosecution suit against former Judge Layne Walker in a March 30 opinion, Law.com (sub. req.) and the SE Texas Record report. Walker retired in 2014 and joined the Provost Umphrey Law Firm.
The process server, Stephen Hartman, claimed that Walker engineered a civil conspiracy to prosecute him for the service attempt and to destroy his career, according to the court opinion.
Hartman said he went to court in May 2013 to serve the summons because of problems that were encountered when he tried to serve the judge at his home. During that initial attempt, Hartman alleged, Walker had a gun and the judge’s son chest-bumped Hartman.
When he entered Walker’s courtroom, Hartman alleged, a deputy who said Hartman had to leave or be arrested pushed him to the exit. Hartman said he was allowed to serve the summons in the jury room, where he was told he would be charged with interfering with public duties and disrupting a public meeting.
Hartman said deputies confiscated his personal property, including his iPhone and a pocket pen that recorded the incident. He was later arrested, but the charges against Hartman were ultimately dismissed.
The court said Walker was not protected by judicial immunity or by the Texas anti-SLAPP law, which allows dismissal of suits against those who speak out about a matter of public concern.
The appeals court said Walker is entitled to judicial immunity for ordering an arrest based on a disturbance in his courtroom but not for the alleged malicious prosecution and civil conspiracy that took place afterward.
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