Hilliard Munoz Guerra Announces Favorable Ruling in Lawsuit Over Forced Fights at Corpus Christi State School

CORPUS CHRISTI, Texas, April 27 /PRNewswire/ -- A federal court judge has cleared the way for a jury trial in a civil lawsuit on behalf of Corpus Christi State School residents who were forced into on-camera fights by school employees.

In a ruling handed down April 15, 2010, U.S. District Judge Janis Graham Jack of the U.S. District Court for the Southern District of Texas, Corpus Christi Division, declined a request filed by certain defendants to dismiss the case, Miguel Hernandez, et al. v. Adelaide Horn, et al., No. C-09-163.

Attorneys from the Corpus Christi, Texas-based law firm of Hilliard Munoz Guerra, who represent several former school residents, say the court denied the attempts of four defendants who sought qualified immunity from the lawsuit based on their roles as government employees, including Adelaide Horn, former Commissioner of the Texas Department of Aging and Disability Services (DADS); Barry Waller, former Assistant Commissioner, Provider Services of DADS; Denice Geredine, former Director of State Schools; and Iva Benson, former Superintendent of the Corpus Christi State School.

Under the court's ruling, the lawsuit will proceed against each of the defendants pending an appeal filed April 26, 2010, on behalf of the defendants by the Texas Attorney General's office.

Attorney Bob Hilliard, a founding member of Hilliard Munoz Guerra, is part of the team representing Armando Hernandez, David Hernandez, George Brazil, Angel Jose Mata and Christopher Norris. The plaintiffs are residents of the Corpus Christi State School who suffered physical injuries and continue to suffer emotional trauma after being forced by school employees to participate in the fights.

"It is shameful that the supposed 'supervisors' who allowed this to occur tried to hide behind a veil of immunity," says Mr. Hilliard. "Under their watch, instead of protecting the health and safety of our most vulnerable citizens, they were put at risk. We're glad that the court has ruled that a jury may now decide this case."

In lawsuits filed last year, the residents allege that the State of Texas, the leadership of the school and the state agency responsible for caring for the mentally disabled violated the residents' constitutional rights to safe conditions and protection from harm. The residents allege that the school and agency leadership provided inadequate supervision, staffing and security, which allowed the videotaped fights to occur.

In related litigation, four former state school employees previously have been convicted on charges of injury to a disabled person. Another former employee is still awaiting trial.

For 30 years , Hilliard Munoz Guerra has represented individuals from across the United States in a variety of personal injury claims, including cases involving refinery explosions, trucking accidents, toxic exposure and dangerous prescription drugs. More information on the firm is found at http://www.hmglawfirm.com/.

SOURCE Hilliard Munoz Guerra