New Braunfels Herald Zeitung (Newspaper) - October 17, 1985, New Braunfels, Texas
By DEBBIE DeLOACH Staff writer
A federal district judge has dismissed a lawsuit filed by a former Smithson Valley High School principal against Comal ISD.
Lila Mae Cogdill filed the lawsuit earlier this year, claiming her constitutional rights were violated when her contract was not renewed in March 1983. An order to dismiss the case without prejudice was signed Tuesday by U.S. District Judge H F. Garcia.
“This is definitely favorable to the district, and improves the district’s position considerably,” CISD Attorney Lonnie Chunn said Wednesday.
The federal lawsuit was filed last February, requesting a jury trial, compensatory and punitive damages, and reinstatement as a high school principal or some other position of comparable status and pay-
The dismissal order stated Cogdill “has no federal claim, adding the “plaintiff seems to argue that the mere fact that her contract was not renewed was stigmatizing and damaged her good name, reputation, honor and integrity.
“Even if this were true, it does not implicate a liberty interest,” the order concluded.
Cogdill was principal at Smithson Valley from March 1981 to the time of her non-renewal in March 1983.
Even though her federal lawsuit has been dismissed, a state court action appealing former Commissioner of Education Raymon Bynum’s ruling in favor of Cogdill is still pending.
In October 1984, Bynum signed a • letter agreeing with Cogdill’s claim that she was a non-probationary employee when her contract was not, renewed. Cogdill also claimed Sections 21.204 (A)(3) and 21.205 (rf the Term Cont! act Non-Renewal Act had been violated by CISD’s actions against her in 1983.
Both conclusions of law came from a Texas Education Agency hearings officer in September 1984, and Bynum’s letter confirmed those conclusions.
CISD countered by filing a district court lawsuit in Travis County last February to appeal the commissioner’s ruling. That suit asks that the ruling be “set aside, because it was based on errors of law, and was arbitrary and capricious,” Chunn said.
“The state court action is still pending, and was abated pending the outcome of the federal case,” he added. “So instead of two suits pending, now there's just one.”
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Published Sunday morning and Tuesday, Wednesday, Thursday and Friday afternoon by New Braunfels Herald Publishing Co., 186 S Casted Ave., New Braunfels, TX 78131. Second class postage paid at New Braunfels Herald Publishing Co., 186 S. Casted Ave., New Braunfels, TX 78131 Dave Kramer .... Editor/Gen Mgr.
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Oriental Rug Sale
All Sizes — All Prices — All Colors Exchange For Full Credit At Any Time
Friday, October 18 10 a m. - 6 p.m. Saturday, October 19 10 a m. - 6 p.m.
173 S. Seguin at Landmark Square
You are invited to this exciting show of handmade oriental And dhurrie rugs from Persia, Pakistan, India, Romania, and China at direct import prices...presented by world renown importers...Meymand Bros, of Dallas.
Man remains in jail o/1 assault charge
Charlie at rest
ii nill New Braunfels man : jail under $7,500 bund for ted assault with a deadly
»sio ( astro Valadez, 43, of Bridge was arrested and I i id,iv night for pulling a a convenience store and ii, a customer and tile Braunfels police rcpor-
-I a tall from a convenience man \ itll a knife," Sgt. J. ■ with the police depart-
’ t officers, Michael Bust Stevens, went by store, the I ah cady left They spotted a
man fitting the description and carrying a bag from that store walking near Live Oak and Mill Street, police reported.
“They saw the knife sticking out from its sheath too,” McEachern said. “Then they took hun back to the store.”
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 her, threatened her and began using abusive language while he moved toward her, McEachern reported.
S. mereI showers and thun-lei c..| in H. ie forecast for most of I- 'Ugh Friday, forecasters
I * iifall was being triggered by ^ '-vt low pressure system
. Hie t.Ut lrom the west.
inn i i ( ailed for showers and I Month I storms to become more funnel "i ovei North Texas and south lexas and to dimmish iincwl at over West Texas tonight and I- f ida>
Bo a tong lit vull be mostly in die rn- and 60s. Highs Friday will be mostly in Un* <0s, ranging from the go in \ >itiiue.st texas to the 80s in South Texas ll av> rain was reported in portions of Wt t I exes early today.
l l paso got almost an inch of rain c aUvo-hou! period during the night.
A wtii-engine airplane crashed into Hie nil* ut a mountain at El Paso early today. Du fate of one man believed lo he aboard the plane was not ilium din Bey known. There was a fteavy thunderstorm and lightning in tin area at tile time of the crash, officials said.
Early morning temperatures were in the 50s and «»0s over the western halt ut (lie state arid in tile 60s and 70s over northern and southern sections of the state Extremes ranged from a1 at El Paso to 73 at both Corpus < hn.sti and Brownsville Early morning temperatures around the state included 58 at Amarillo, OO at Wichita Falls, 67 at F ort Wor th, 68 at Waco, 39 at Lufkin and Austin, 68 at San Antonio, 72 at Houston, 66 at San Angelo, 60 at I ubbock and 61 at Midland.
North Texas- Showers and thunderstorms likely west tonight, a
A Charlie McCarthy doll rests quietly on an antique chair during the weekend at the an tique show at the Civic Center. Jerry and Judy
IM HYI ( LARK HERALD 7FITUNG
Johnson of Palace Heights Antiques in New Braunfels sponsored the weekend show, which workers said Bad excellent attendance.
Marion hires architect for new school
MARION Members of the Marion Independent School District's board of trustees voted Wednesday to enter into a contract with a San Antonio architect for drawing up plans for a new elementary school building.
Superintendent Winfred Farquhar said Thursday that the new building could be completed by September 1986 He was unable to estimate the cost of the new building. The new will contain seven classrooms for 154 students.
“We are short on space now,"
chance of showers and thunderstorms central and east. Mostly cloudy Friday with a continuing chance of showers and thunderstorms. Lows tonight 61 to 66. Highs Friday 78 to 82.
West Texas- Showers decreasing tonight. Cooler tonight except far west. Partly cloudy Friday. A little warmer most sections Friday. Lows tonight 40s north and west to 50s east and south. Highs Friday upper 60s north to mid 70s south and mid 80s Big Bend valleys.
South Texas- Scattered showers mainly north and west tonight and Friday. A little wanner. Lows tonight mid 60s north to low 70s south. Highs friday near 80 north to mid 80s south.
Port Arthur to Port O’Connor-Southeast winds IO to 15 knots tonight and Friday. Seas 3 to 5 feet. Wind and seas higher near scattered thundershowers.
Port O’Connor to Brownsville-Wind southeast IO to 15 knots tonight and Friday. Seas 3 to 5 feet. Wind and seas higher near scattered thundershowers.
North Texas — A chance of showers and thunderstorms Saturday through Sunday. Partly cloudy Monday. Continued mild temperatures. Lows will range from the lower 50s to the lower 60s and highs from the middle 70s to lower 80s.
South Texas — Partly cloudy and warm with widely scattered thundershowers, more numerous showers northwest Saturday. Overnight lows lower 70s along the coast and 60s inland. Daytime highs lower 80s north, mid 80s to near 90 south.
Hermenegildo Chavarria Sr.
Services for Hermenegildo Chavarria Sr. will be held at 2 p.m., Friday, Holy Family Catholic Church, with the Rev. Don Murray officiating. Burial will follow in Sts. Peter and Paul Catholic Cemetary. Chavarria, 54, died Oct. 16, at McKenna Memorial Hospital. He was born April 13, 1931 to En-carnacion and Antonia i nee Garcia) Gomez in New Braunfels. He married Catarina (nee Flores) Chavarria Jan. 8, 1959, in San Marcos. Chavarria worked as a bus driver for Comal ISD and attended Holy Family Catholic Church,
Survivors include his wife, Catarina Chavarria of New Braunfels, his step-father En-carnacion Chavarria of New Braunfels; one daughter, Rosemary Chavarria, of New Braunfels; three sons, Herman Ola Varna Jr., Carlos Chavarria and Javier Chavarria all of New Braunfels.
A roseary will be tonight at Zoeller Funeral Home.
Former students invited to dance
Former New Braunfels High School students are invited to the homecoming dance Friday night following the Unicorn’s game against Lockhart.
The dance will begin at IO p.m. and will be $3 per person and $5 per couple. It will be held in the high school cafeteria.
Farquhar said. “Next year we know we will have to add a new teacher arid class for the third grade and possibly a new kindergarten class ”
He added that within the next few years, the board expects to have to add a whole new elementary school complex.
A new intermediate school building is now under construction and will iii January. Farquhar said the new elementary building will be built on the old intermediate school building site.
Enrollment at Marion's schools increased 12 percent this fall. Farquhar said. He said the shortage of rooms at the school has been caused by a combination of the increase (rf students and the 22-to-one student-teacher ratio required by House Bill 72.
F arquhar said he does not expect the school district to issue bonds to fund the new construction. He said the district has some surplus funds from its last bond issue which was in the spring of 1984.
By III LIAN I KOMAS Staff writer
\ < IviI rights case against Comal Jit riff Walter Fellers has en settled out of court.
I he i im' of Hector Juarez vs. v '1 ’-1 Fellers was scheduled to go ' lore i jury Tuesday in federal J ii let court in San Antonio, but an cfi' 11M ilt was reached between the p.rii* . md presented to the judge last week.
Innro/ will not receive money in ti •* moment, but Fellers' into * w ill pay the court costs. i aal oz. an inmate of Comal County J til last year awaiting trial on a i libers charge, had accused the ■riff i t intentionally opening his in The letter was from his atli \ on another civil case he had til- I against former jail admin! .n atm (olm Jenkins.
II .it l ie * , based on a complaint - -M 24.1984 stating Juarez did
not i . oivt proper medical treat'd! oi ithlete’s foot, is still pending.
Ju ir. / is serving a 45-year sen-■ a Texas Department of
• I'* ti mis m the robbery of Martin Kui> lie was i evicted and senti need Dec 12,1984.
Juarez filed the pro se (without an >i * nit gainst Fellers Oct. 15, I‘*.34 lint, Juarez stated that on Sept. I in". I a letter I rom his attorney was rn ipcned when it was given to *
J 11< i Shu ley Scott, who delivered t It Md . said Hie sheriff had opened J ai. (dentally TI*** sheriff had written on the -•rn. i n* Opened by mistake," with his lint, ilsntlrr it.
That letter had accidentally been put in a stack of my mail, and I •pen* J without looking at the addr' Fellers explained.
\ .con as I looked at the en
velope, I realized my mistake and I didn’t even read the contents,’’ he added. “This is just another one of these frivolous law suits we have to put up with. No one told me about the settlement.”
According to jail standards, inmate mail cannot be opened without the inmate's presence, even if contraband is suspected, Fellers said.
Juarez had a statement backing his claim signed by four other inmates, including two men also facing charges in the Ruiz case: David Williford and Oscar Acevedo.
Other witnesses included inmates Fred Vasquez and Ubrado Castillo. The witnesses’ statement also said that another letter from the federal district court had been obviously opened and resealed Sept. 19, 1984, and that similar incidents had occurred to Juarez and Williford.
Eventually Juarez asked the court to assign him an attorney, and San Antonio American Civil Liberties Union lawyer, Gerald Goldstein, was given the case.
A junior lawyer in Goldstein’s firm who had worked on the case said they had almost gone to trial over it.
“But it’s one of those eases where there are no recoverable damages involved, even if the sheriff had done it on purpose,” the lawyer said.
In the case file, Fellers’ attorneys, who are paid by the hour by the insurance company, put in several hundred pages of briefs and motions. Juarez's court-appointed attorney put in between three and five short motions.
“But we had to put most of our time in conversations with Juarez, and I wrote many letters to him,” the plaintiff’s attorney said.
William Gamble and Kenneth Clark with Huson, Clark, Hooks, Stephenson and O’Connor of San Antonio handled Fellers defense.
‘ago JA Hora\<SZeitong, New Braunfels, Texas
Inmate case settled out of court
Thursday, October 17,1985