Judge Tosses Lawsuit Filed By Man Who Warned Of Checkpoints

EL PASO, TX. (AP) – A San Elizario store owner who said he was targeted for posting a sign warning motorists of a checkpoint had his lawsuit against the sheriff’s office tossed from court.

Jose Rodriguez sued two El Paso County sheriff’s deputies, claiming they violated his free-speech rights by asking him to remove the sign from Pepe’s General Store. He also said they filed false criminal charges in retaliation for his criticism of the sheriff’s office.

The sign alerted motorists to a checkpoint that had drawn criticism as a trap for illegal immigrants. U.S. District Judge Kathleen Cardone dismissed the lawsuit last week at the request of Rodriguez.

Briana Stone, director of the Paso Del Norte Civil Rights Project, which is assisting Rodriguez, said she asked Cardone to dismiss the lawsuit because the case had been damaged by an earlier ruling.

Cardone’s earlier ruling said the plaintiff “failed to establish all the elements necessary to establish a claim of malicious prosecution under the laws of Texas.” Stone said that ruling prevented her from trying to show that the deputies retaliated against her client.

She said if her appeal of the ruling is successful, she will refile the lawsuit. The deputies have said they did nothing wrong. Sheriff Leo Samaniego cheered the case’s dismissal.

“I also uphold my confidence that the men and women of this agency strive to attain the highest degree of ethical behavior and professional conduct at all times,” Samaniego said Wednesday.

The El Paso County District Attorney’s Office dismissed the deputies’ citation against Rodriguez earlier this year because of insufficient evidence.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

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Edited and Posted for KVIA.com by Miguel Martinez