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Herrera files Writ of Mandamus Petition against Maverick County

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Jose G. Landa 

Staff writer

 

Former Maverick County Sheriff Tomas Herrera has filed a Writ of Mandamus Petition at the Maverick County District Court against the County to compel the release of public information which he had requested under a Texas Public Information Act request back in 2016. 

The petition states that Herrera requested information from the county on September 16, 2016  regarding the Maverick County Sheriff Department Confiscated Funds for  2010, 2011 and 2012: documents that had led to accusations against his person of supposed criminal wrong doing.  

 Herrera was notified by the county’s legal counsel Sanchez & Wilson that they were going to request a Texas Attorney General (AG) opinion on his request because they believed they had the responsibility to keep such information from public disclosure because it had been part of an FBI investigation. 

 Herrera proceeded to file an argument with the AG’s office, and was later notified that the county government should hand over the information originally requested by Herrera because the county’s argument to keep such information from Herrera was not suffice as the FBI had not given any representation that the information needed to be kept away from Herrera or anyone requesting it.   

Even after the the County was notified by the Texas AG that they needed to give Herrera the information he requested, they have yet to do so, claims the petition filed in court. 

The original petition states that Herrera seeks an order compelling the release of the information requested, and costs of litigation and attorney fees up to $50,000 incurred by the plaintiff in this suit.  

Herrera seeks all information spreadsheets and work information used by the county hired independent auditing firm who performed the confiscated fund audits that were then used to accuse him of criminal offenses. 

 A Writ of Mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. This legal activity is believed to to be the beginning of further legal action to be sought on the matter.

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