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SOUTHEAST TEXAS RECORD

Monday, March 18, 2024

Ex judge doesn't have immunity in malicious prosecution case filed by man who attempted to serve him in court

Attorneys & Judges
Horton

Justice Hollis Horton

A former judge being sued by a man attempting to serve him in court lost his appeal for his previously denied plea to the jurisdiction.

The Court of Appeals in the Ninth District of Texas at Beaumont affirmed the denial of his plea to the jurisdiction on March 26. Stephen Hartman sued former judge Layne Walker in the 58th District Court in Jefferson County after being arrested in Walker’s courtroom in 2013. Walker went for a plea to the jurisdiction, hoping to be owed sovereign immunity in Hartman’s malicious prosecution and civil conspiracy claims, but the lower court denied the motion, and the appeals court has now affirmed.

Appeals court judges Charles Kreger, Steve McKeithen and Hollis Horton disagreed that Walker was entitled to sovereign immunity. They noted that a party is owed immunity if they’re sued in the official power, which Walker wasn’t.


“Hartman pleaded facts alleging Walker committed acts that were outside the duties Walker had as a district judge in his official capacity,” wrote Justice Kreger. “Therefore, we conclude Hartman did not sue Walker in his official capacity; consequently, governmental immunity does not protect Walker from suit assuming the facts Hartman alleged are true.”

Walker also took issue with the lower court using the Texas Tort Claims Act (TTCA) to waive his governmental immunity via the election of remedies provision in section 101.106 of the act. That provision says that plaintiffs have to decide if they want to sue a governmental worker in their individual capacity or take legal action against the government entity itself. While Hartman initially sued the State of Texas, he later dropped it from his case when he didn’t make any claims against it in his second complaint.

Justice Kreger wrote, “Hartman never asserted a claim against the State of Texas triggering the TTCA. We conclude he is not barred by the election of remedies from suing walker individually for claims alleging a cause of action under the TTCA.”

Hartman, who is a licensed process server worked for Klein Investigations and Consulting when he went into Walker’s courtroom in the 252nd District on May 28, 2013. At the time, Walker was presiding over another case. Hartman said he needed to approach the bench and told bailiff Deputy Lewis that he was there to serve Walker. Deputy Lewis then went to Deputy Broussard, who allegedly pushed Hartman out of the door, saying if he didn’t leave, he’d get arrested.

Hartman later accused Walker of several acts like trading his recording pen for a pocket screwdriver. Hartman also alleged Walker’s administrator tried to get his license revoked. Walker responded to the lawsuit with a plea to the jurisdiction, which was denied in the lower and appeals courts.

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