As I have said repeatedly, once Judge Olvera were to dismiss the section 1983 claim, the remainder of the case had to be remanded. This was an incredible waste of taxpayer money.
On the § 1983 issue, Judge Olvera took a very narrow view of what constitutes Free Speech for § 1983 claims. He properly tracks the Supreme Court on the issue. He did what he was expected of him. He found that because my retaliation claim was limited to me and not the public at large, it did not fall within a Free Speech § 1983 claim.
Judge Olvera always plays it close to the chest. He tracks the Supreme Court on the issue. He did not write endless pages to try and justify his ruling.
On the part of the COB lawsuit concerning whether Omar Ochoa is immune from suit because code enforcement is discretionary, Judge Olvera remanded the issue to state court. The Ultra Virus issue is not a federal issue, thereby denying Judge Olvera jurisdiction over same once he remanded the § 1983 issue. He is very clear on this issue.
On the lawsuit against Texas Lone Star and FTL, remanded to state court. This was an incredible act of billing fraud.
Judge Olvera did a great job in following the language from the Supreme Court on whether my speech was a matter of public concern. He narrowed the question for me for purposes of appeal. The federal court of appeals will answer the specific question of, is it a matter of public concern if Omar Ochoa ordered no enforcement of the code after I asked the City Commission to reprimand him for his conduct? This is the type question the Supreme Court loves because it will either further narrow the issue or expand this issue. It is not a question which will only be faced by me.
The issue of the contempt by the Texas Supreme Court by interfering with federal jurisdiction can proceed. The law is clear; it survives the dismissal of the § 1983 claim.
There is also the issue of my filing a motion for rehearing, to show at least some federal court of appeals do not take such a narrow view that the speech is not of a public concern. It is a fair question for appeal. But I do owe it to Judge Olvera and the process to allow him to address case law which suggests public concern. It is how you view the facts. Judge Olvera seems to not see how residents will be chilled in asking for personnel reviews of city employees, if the city employee can retaliate against the citizen using his office. My focus will not be just my case, but the retaliation issue.
Today, by chance the Texas Supreme Court is receiving my demand letter for $20 million. In all three subject orders they clearly had zero jurisdiction. Only Judge Olvera had jurisdiction. There is no immunity.
So, if the Texas Supreme Court fails to comply with my non-monetary demands immediately, I will sue them in federal court to include regional administrative judge Missy Medary. She is either clueless as a judge or hopelessly corrupt.
I am including Jackson Walker for its reliance on former Justice Nathan Hecht to obstruct the process. I can prove Nathan Hecht is part of the problem.
I am also including the bonding company for Texas Lone Star along with the counsel they hired. They have authorized counsel to seek sanctions against me for successfully obtaining sanctions against Texas Lone Star. I am asking that the owner of Texas Lone Star immediately be suspended from use of his license for breaching the Consent Decree they signed with Texas.
I have the document from the finance company that states they could not pay the loan to Texas Lone Star until Texas Lone Star produced a contract. No such contract was ever produced. Texas Lone Star knowingly stole over $10,000 of loan money designated to help pay for my new AC system and then walked off the job. That is a crime. I am seeing redress with the DOJ.
As to FTL finance, they knowingly gave Texas Lone Star over $10,000 in my name, when Texas Lone Star had no contract for services with me. Then they walked off the job. Again I am asking the DOJ to investigate.
It will be a few weeks before I can amend the lawsuit in state court, but I will address any defects made in federal court, which Judge Olvera rightfully chose to ignore.


