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New Braunfels Herald-Zeitung (Newspaper) - October 17, 1985, New Braunfels, Texas Pngo 2A New Texas October Inmate case settled out of court By LILLIAN THOMAS Staff writer A civil rights case against Comal Coiinly Sheriff Walter Fellers has scltlwl out of Tincase of Hector Juarez Wultcr FdleivS was scheduled to go Infore jury Tuesday in federal court in San but an was reached between the parlies and presented to the judge last will not receive money in but Fellers in surance will pay the court an inmate of Comal County Jail last year awaiting trial on a rubbery had accused the slidff of intentionally opening his The letter was from his at torney on another civil case he had filed against former Jail ad ministrator John That based on a complaint filed 1984 stating Juarez did not receive proper medical treat ment for athletes is still pen is serving a 45year sen tence in Texas Department of Corrections in the robbery of Martin was convicted and sen tenced filed the pro se without an attorney suit against Fellers In Juarez slated that on a letter from his attorney was already opened when it was given to Jailor Shirley who delivered lln1 said the sheriff had opened The sheriff had written on the envelope Opened by with his initials after That letter had accidentally been put in a stack of my and I opened without looking at the ad Kellers As soon as I looked at the en I realized my mistake and 1 didnt even read the he This is just another one of these frivolous law suits we have to put up No one told me about the According to jail in mate mail cannot be opened without the inmates even if con traband is Fellers Juarez had a statement backing his claim signed by four other including two men also facing charges in the Ruiz case David Williford and Oscar Other witnesses included inmates Fred Vasquez and Librado The witnesses statement also said that another letter from the federal district court had been obviously opened and reseated and that similar incidents had oc curred to Juarez and Eventually Juarez asked the court to assign him an and San Antonio American Civil Liberties Union Gerald was given the A junior lawyer in Goldsteins firm who had worked on the case said they had almost gone to trial over But its one of those cases where there are no recoverable damages even if the sheriff had done it on the lawyer In the case Fellers who are paid by the hour by the in surance put in several hundred pages of briefs and Juarezs courtappointed attorney put in between three and five short But we had to put most of our time in conversations with and I wrote many letters to the plaintiffs attorney William Gamble and Kenneth Clark with Stephenson and OConnor of San Antonio handled Fellers Man remains in jail on assault charge A New Braunfels man remains in jail under bond for assault with a deadly Antbnwio Castro of Bridge was arrested and charged Friday night for pulling a knife in a convenience store and threatening a customer and the New Brannfels police repor We got a call from a convenience store of man with a McKachern with the police depart ment When the Michael Rust and went by the man had already They spotted a man fitting the description and carrying a bag from that store walking near Live Oak and Mill police They saw the knife sticking out from its sheath McEachern Then they took him back to the A male customer told police Valadez allegedly pulled a knife while he was buying some things in the store and ordered the customer to The clerk said the suspect then pointed the knife at threatened her and using abusive language while he moved toward McEachern Weather Texas Scattered showers and thun derstorms were forecast for most of Texas through forecasters The rainfall was being triggered by n upper level low pressure system roadiiiiK the state from the Forecasts called for showers and thunderstorms to become more numerous over North Texas and South Texas and to diminish somewhat over West Texas tonight and Lows tonight will be mostly in the 50s and Highs Friday will be mostly in the ranging from the GOs in Northwest Texas to the 80s in South Heavy rain was reported in por tions of West Texas early El paso got almost an inch of rain in a twohour period during the A twinengine airplane crashed into the side of a mountain at El Paso early The fate of one man believed to be aboard the plane was not immediatley There was a heavy thunderstorm and lightning in the area at the time of the officials Early morning temperatures were in the 50s and 60s over the western half of the state and in the 60s and 70s over northern and southern sections of the Extremes ranged from 51 at El Paso to 73 at both Corpus Christi and Early morning temperatures around the state included 58 at 60 at Wichita 67 at Fort 68 at 39 at and 68 at San 72 at 66 at San 60 at Lubbock and 61 at Forecast chance of showers and thun derstorms central and Mostly cloudy Friday with a continuing chance of showers and thun Lows tonight 61 to Highs Friday 78 to West TexasShowers decreasing Cooler tonight except far Partly cloudy A little warmer most sections Lows tonight 40s north and west to 50s east and Highs Friday upper 60s north to mid 70s south and mid 80s Big Bend South TexasScattered showers mainly north and west tonight and A little Lows tonight mid 60s north to low 70s Highs friday near 80 north to mid 80s Port Arthur to Port OConnor Southeast winds 10 to 15 knots tonight and Seas 3 to 5 feet Wind and seas higher near scattered thun Port OConnor to Brownsville Wind southeast 10 to 15 knots tonight and Seas 3 to 5 Wind and seas higher near scattered thun Extended forecast North Tesas A chance of showers and thunderstorms Saturday through Partly cloudy Continued fpil4 Lows will range from the lower 50s to the lower 60s an4 highs from the middle 70s to lower South Partly warm with Charlie at rest DERYL ALDZEITUNG A Charlie McCarthy doll rests quietly on an Johnson of Palace Heights Antiques in New antique chair during the weekend at the anBraunfels sponsored the weekend which tique show at the Civic Jerry and Judy workers said had excellent Marion hires architect for new school MARION Members of the Marion Independent School Districts board of trustees voted Wednesday to enter into a contract with a San Antonio architect for drawing up plans for a new elementary school Superintendent Winfred Farquhar said Thursday that the new building could be completed by September He was unable to estimate the cost of the new The new will contain seven classrooms for 154 We are short on space Farquhar Next year we know we will have to add a new teacher and class for the third grade and possibly a new kindergarten He added that within the next few the board expects to have to add a whole new elementary school A new intermediate school building is now under construction and will in Farquhar said the new elementary building will be built on the old intermediate school building Deaths Hermenegildo Chavarria Services for Hermenegildo Chavarria will be held at 2 Holy Family Catholic with the Don Murray Burial will follow in Peter and Paul Catholic died at McKenna Memorial He was born April 1931 to En carnacion and Antonia nee Garcia Gomez in New He married Catarina nee Flores Chavarria in San Chavarria worked as a bus driver for Comal ISD and attended Holy Family Catholic Survivors include his Catarina Chavarria of New his stepfather En carnacion Chavarria of New Braunfels one Rosemary of New Braunfels three Herman Chavarria Carlos Chavarria and Javier Chavarria all Oriented Rug Sole Two Days Only Save Up To 50 All Sizes All Prices All Colorfc Exchange For Full Credit At Any Time Oclober 18 10 6 October 19 10 6 A roseary will be tonight at Zoeller Funeral North TexasShowers derstorms likely west a northwest lower 70s ajgog caggj aj4 Daytime hjgfcg ftfe Former students Invited to danee Former New Braunfels High stoJgBjs are ioviM to the homecoming dance Friday night folloswng the IMcofos game against Tbe tee wUl begin at 10 SAd wiU be per person and per it wiD be held to the bigh school cafeteria 173 Seguin at landmark Square You are invited to this exciting show of handmade oriental And dhurrie rugs from and China at direct import pricespresented by world renown of Enrollment at Marions schools increased 12 percent this Farquhar He said the shortage of rooms at the school has been caused by a combination of the in crease of students and the 22toone studentteacher ratio required by House Bill Farquhar said he does not expect the school issue bonds to fund the new He said the district has some surplus funds from its last bond issue which was in the spring of Judge dismisses Codgill I lawsuit By DEBBIE DeLOACH Staff writer A federal district Judge dismissed a lawsuit filed by a formed Smithson Valley High School print clpal against LUa Mae Cogdill filed the lawsuit earlier this claiming constitutional rights were violated when her contract was not renewed in March An order to dismiss the case without prejudice waSf signed Tuesday by District Judge This is definitely favorable to and improves the position CISD At torney Lonnie Chunn said The federal lawsuit was filed last requesting a jury compensatory and and reinstatement as high school principal or some other position of comparable status ancfc The dismissal order stated has no federal adding plaintiff seems to argue that thejj mere fact that her contract was renewed was stigmatizing and damaged her good honor and Even if this were it does notj implicate a liberty the order Cogdill was principal at SmithsorH Valley from March 1981 to the time of her nonrenewal in March j Even though her federal lawsuit has been a state court action appealing former Com missioner of Education Bynums ruling in favor of Cogdill is still In October Bynum signed aj letter agreeing with Cogdills claim that she was a nonprobationary employee when her contract was not Cogdill also claimed Sections and of the Term Contract NonRenewal Act had been violated by CISDs actions against her in Both conclusions of law came from a Texas Education Agency hearings officer in September and Bynums letter confirmed those CISD countered by filing a court lawsuit in Travis County last February to appeal the com missioners That suit asks that the ruling be set because i it was based on errors of and was arbitrary and Chunn The state court action is still and was abated pending the outcome of the federal he j So instead of two now theres just j Keep an eye on the news in the HeraldZeitung ttorAldZtltung USPS 377880 If you have not received your paper by Tuesday through Friday or by call 6259144 or 6581900 by 7 and 11 Published Sunday morning and Thursday and Friday afternoon by New Braunfels Herald Publishing 186 Castell New TX Second class postage paid at New Braunfels Herald Publishing 186 Castell New TX Pave Kramer Susan Managing Editor Claude Shirlene Thornton Office Manager Sandi Cheryl Brzozowski Don Avery Circulation Manager Carol Avery Photocomp Foreman Gus Foreman Patricia YznagaKing City Editor Wanda Lasater Kaleidoscope Editor David King Editor Subscription Rates Includes applicable sales tax Carrier delivery in Bianco and Kendall Counties 3 6 one delivery outside Comal In Texas 3 months one year Mail outside Texas 6 one year Postmastei Send changes to
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