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SOUTHEAST TEXAS RECORD

Thursday, May 2, 2024

Motions to dismiss filed in suit alleging Judge Andrea Plumlee violated man’s constitutional rights

Attorneys & Judges
Plumlee

Judge Plumlee

DALLAS – For nearly a decade now, Bradley Miller has been entangled in litigation stemming from a divorce case that originated in Judge Andrea Plumlee’s 330th District Court, costing him hundreds of thousands of dollars in legal expenses.

Miller even sued Plumlee back in October, alleging she violated his constitutional rights. Miller's financial situation has forced him to defend himself since 2015.

In addition to Plumlee, Miller’s suit also names his ex-wife as a defendant, along with several other individuals.

Court records show several defendants in the case recently filed motions to dismiss.

According to his lawsuit, Miller has been “continually harassed by the Dallas County courts” and has had his “most basic constitutional rights” violated by the defendants.

For example, Miller asserts Plumlee’s court began child support enforcement proceedings against him without notifying him of the proceedings and then ordered his arrest.

“Miller asserts that Plumlee intentionally neglected to notify him of the enforcement proceedings, and subsequently issued an arrest warrant for Miller, as an act of retaliation for reporting her constitutional crimes to the authorities, and to higher courts, in clear violation of Texas Penal Code,” the suit states.

Court records show that Plumlee filed a plea to the jurisdiction on April 9, arguing that judges enjoy absolute judicial immunity.

“When all of Plaintiff’s rambling attacks are removed, Plaintiff complains that the court orders rendered by Judge Plumlee and her decisions in managing her court during hearings were not to Plaintiff’s liking,” the plea states.

“This is Plaintiff’s latest attempt to disqualify Judge Plumlee from presiding over Plaintiff’s lawsuits after he failed to get Judge Plumlee to recuse herself and failed in his repeated unlawful attempts to remove his family court cases to federal court.”

Plumlee is represented is represented by the Office of the Texas Attorney General.

Filed in Dallas County District Court, case No. DC-20-15614

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