Judge: Garza immune in suit

State District Judge Abel Limas declared Thursday that Los Fresnos families complaining of spankings in Justice of the Peace Gustavo "Gus" Garza's courtroom cannot recover monetary damages in a civil suit filed against him.

Limas' ruling stated that judicial immunity protects the Cameron County Pct. 6 Justice of the Peace from liability in the civil lawsuit.

Arguments before the court indicated that judicial immunity exists even if decisions and processes that lead to the spankings were legally in error or deviated from normal procedures.

The lawsuit filed by the families against Garza sought to stop spankings of youth and unspecified monetary damages for the physical pain, humiliation and distress caused by the paddling.

Garza has previously testified that he does not compel or coerce parents to paddle children in his courtroom but allowed parents to use the discipline as an alternative to fines.

"The freedom of decision is part of the judicial system," said Limas, who presides over the 404th state District Court. His statement followed an approximately one-hour hearing on the sole question of judicial immunity.

"Any performance in his capacity as a judge is certainly protected by absolute immunity," Limas said from the bench.

The families' attorney Mark Sossi argued that Garza was not protected from liability because he acted without jurisdiction and outside his judicial capacity in considering the cases involving truancy and the use of profanity.

Sossi pointed out that complaints filed against the youths were invalid because they were not signed or notarized. He also said some of the spankings occurred after the cases had come to a close.

Cameron County Chief Counsel Richard Burst argued that whether one agreed or not with the spankings, the actions took place in the courtroom over a matter that Garza has jurisdiction.

"He could have made errors," Burst said, noting that this could be the subject of appeal, but could not result in the loss of jurisdiction.

Sossi didn't immediately know if the families would appeal Limas' ruling, but said that the lawsuit was filed to stop the spankings.

"That's really what we wanted," Sossi said. "The case is not about money."

Pending the resoluation of the lawsuit, a temporary injunction is still in effect that prevents Garza from having spankings in his courtroom as an alternative to $500 fines, Sossi said.

Mary Vasquez and her husband Daniel Zurita of Los Fresnos first filed suit against Garza. The Leo Garcia, Rosa Valdez, and Eleticia Gonzalez families later intervened.

"Judges have to be free to make decisions and not worry about being sued," said Burst, who represents Garza.

Noting that someone always wins or loses in court cases, Burst indicated that somebody is always going to be unhappy and that there are other avenues for addressing grievances against judges. "This isn't the one," Burst said.

"I agree 100 percent," said Garza, who earlier referred all questions to Burst.