by Michael Robinson\ Uvalde Hesperian

  A number of media outlets including the Texas Tribune, ABC News, The Associated Press, CBS News, Cable News Network, Inc., E.W. Scripps Company, Gannett Co., Inc., Graham Media Group ,Houston; Graham Media Group, San Antonio; Hearst Newspapers. LLC, NBC News, The New York Times Co., Pro Publica Inc., Sinclair Broadcast Group Inc., Tegna Inc., Televisaunivision, and the Washington Post are plaintiffs in a lawsuit filed on August 29th, 2022 with the Uvalde County District Clerk’s Office against the Defendants: the City of Uvalde, Uvalde Consolidated Independent School District and the Uvalde County Sheriff’s Office. 

No local news reporting outlet is named as a Plaintiff as part of this legal action.

  According to the filing, the Nature of the Action states: “This is a suit arising from the Texas Public Information Act regarding numerous public information requests related to the murder of 19 students and two teachers at Robb Elementary School in Uvalde, Texas and the ensuing failure to disclose public records concerning this abhorrent tragedy.”

“In response to these requests, Defendants have declined to release a broad swath of information related to the events at Robb Elementary claiming these records are exempt from disclosure under various exceptions contained in the Public Information Act.”

  The Uvalde Hesperian called the Uvalde County District Clerk’s office asking about the court’s scheduling of this case on the docket and was told no date has been set. 

  The legal paperwork associated with this case is extensive.  

    It is unclear how long it will take for this case to be placed on the court docket or when the aforementioned requested public records will be made available to the media and the public. 

Editorial comment: This case, if and when it reaches this courtroom, will be one of  particular interest to the Robb Elementary School victim’s families and the People of Uvalde.

The City of Uvalde has filed a lawsuit with the 38th District Court against Christina Mitchell Busbee 38th Judicial District Attorney seeking help from a judge to compel Busbee to hand over all relevant law enforcement investigation records and materials from all law enforcement agencies related to the May 24, 2022, Robb Elementary School shooting according to information from official press release.

The press release reads as follows:

“The Uvalde community has waited entirely too long for answers and transparency with regard to
the Robb Elementary shooting incident. Despite the City of Uvalde’s efforts to amicably obtain the necessary investigative materials for
its ongoing Uvalde Police Department’s Internal Affairs investigation, the District Attorney has
blocked the City’s ability to obtain critical information to assess its officers’ actions and
compliance with police department policies and expectations.
Today, the city of Uvalde filed a lawsuit against Uvalde County District Attorney Christina
Mitchell, in her official capacity, asking a judge to compel the District Attorney to hand over all
relevant law enforcement investigation records and materials from all law enforcement agencies
related to the May 24, 2022, Robb Elementary School shooting.
The Internal Affairs review being conducted by an independent investigator, Jesse Prado, is
significantly restricted by the scope of evidence that has not been made available to Prado by
the District Attorney. The request in the suit is requesting that a Judge Order the District Attorney
to turn over the investigative information, solely for Prado’s investigation which will be subject
to a confidentiality and non-disclosure agreement. No one from the City will have access to the
information requested to be turned over to ensure confidentiality of the District Attorney’s
criminal investigation.
From day one, the city’s focus is on helping the entire Uvalde community, parents who lost
children, children who lost parents, and young survivors navigate through the healing process.
Transparency and accountability are part of that process. We hope this lawsuit will allow the
City’s investigation into the conduct of its officers to be completed so as to give the community
and families the answers they deserve.”

 

 The lead attorney, Charles Bonner, spearheaded the $27 billion dollar class-action lawsuit against the Uvalde City Council and the Uvalde CISD was in attendance at last night’s Tuesday, August 23rd city council meeting.  Just one day before on Monday, August 22nd,  the litigating attorney attended the Uvalde CISD school board meeting and once the meeting was over it was reported the school board was served with paperwork providing official notification to the district they were being sued for their culpability in the events of May 21 Robb School massacre. 

  In an unexpected move, an audience member who got up and spoke to the city council left the public podium, carrying papers and handing them to Mayor Don McLaughlin and Uvalde City Council members without any words about what the speaker was doing. 

 Following this action, some voices from the audience including some family members of those lost in the school shooting, shouted to the council that they weren’t consulted first, claiming the attorneys went to the media first with the lawsuit. They (the attorneys) with the litigating firm based in California didn’t talk to us first. It was a new indication the families and locals may be distancing themselves from this massive class action lawsuit. 

 In the legal claim submitted to the Uvalde CISD school board the claim reads: 

“Claimants and Does 1-500, whose identities and addresses are attached hereto as Appendix A, by their undersigned counsel, intend to file claims against the Uvalde Consolidated Independent School District, and will do so in compliance with the Texas Tort Claim notice procedure. The damages and/or injuries claimed are as follows:”

  The claim refers to Appendix A which is said to contain the identities and addresses of the claimants of the lawsuit. However, the Uvalde Hesperian was not provided with Appendix A. Who are the claimants Bonner and Bonner are representing in this class action lawsuit?

 

 

 Charles Bonner, the lead attorney with the Bonner and Bonner Law Firm attended Monday night’s Uvalde CISD school board meeting waiting to serve school district officials with a $27 billion dollar class action lawsuit.  While the school board was in its hours-long closed door executive session, Bonner could be seen talking with Pastor Daniel Meyers and several other parents in attendance. 

 Charles Bonner and an associate with the law firm were there to serve the claim of the class action lawsuit to the Uvalde CISD school board.

The top of the claim reads as follows: 

“NOTICE OF CLAIM OF A CLASS/MASS ACTION

Uvalde Consolidated Independent School District,

Dr. Hal Harrell, Luis Fernandez, Robert Fowler, J.J. Suarez, Cal Lambert, Anabel White, Javier Flores, Laura Perez

1000 North Getty St.

Uvalde TX 78801

FAX:830-591-4927 “

In the claim it further states the following:

“The claims arise from the attack on May 24, 2022, perpetrated at and inside of Robb Elementary School in Uvalde, Texas. In that attack, Salvador Ramos (“the shooter”) travelled from his Grandmother’s home to Robb Elementary. During the attack, the shooter relied upon an assault rifle to carry out his intended massacre. The shooter’s actions resulted in the savage murder of nineteen children, two adults, and countless others with physical and emotional injuries whose impacts have scarred them beyond measure.”

According to an ABC News Report, it states: “Attorney Charles Bonner told ABC News that he and several other attorneys served the Uvalde school district with a notice of claim Monday night following a school board meeting.”

In the claim, it lists a number of Federal and State claims. 

The claim goes on to list under the heading Damages: 

Permanent psychic injury, including but not limited to, physical injuries, p_ilin, anxiety, mental and emotional distress, fear, loss of enjoyment of life, spiritual injury, humiliation, discomfort, suffering/misery, loss of wages, damage to self-image, and damage to career. 

 

DOC082222 (1)