August 29, 2005 ? United States Magistrate Judge Andrew W. Austin has granted a motion allowing a former Woodside Trails counselor to proceed with his Section 1983 lawsuit against state officials without paying court costs.
The same day he filed the lawsuit, Jackie DeWayne Reynolds, Jr. filed what is called an in forma pauperis plea requesting court costs be waived on the grounds that he is indigent.
?I?m delighted the court approved my plea,? said Mr. Reynolds. ?Being able to proceed in forma pauperis is a big relief. It was the first big hurdle I had to overcome.?
According to Mr. Reynolds, now that the expense of litigating a costly civil rights lawsuit is less of a concern, he can focus all of his attention on the flurry of dismissal motions likely to follow.
?I suspect they will try to assert various immunity defenses and I have to be ready with an answer. Civil rights litigation is complicated and this would obviously be much easier if I had an attorney.?
Mr. Reynolds confirms that he has spoken to several attorneys and is confident he has a legitimate case. This was confirmed in the Notice of Order or Judgment granting his in forma pauperis plea issued by the Court on August 23, 2005.
?After reviewing Plaintiff?s Complaint,? the notice reads, ?the Court has determined that this case should not be dismissed as frivolous . . .?
Despite the confirmation and previous assurances that his case is valid, the attorneys he spoke with were unwilling to represent him at this time.
?I don?t know why, quite frankly,? says Mr. Reynolds. ?I?ve been told that I should be scared of the state. They convicted me of child molestation in the court of public opinion. My reputation is utterly destroyed. I really have nothing to lose and I have a legitimate case.?
Jackie DeWayne Reynolds, Jr. was one of two Woodside Trails counselors arrested and indicted last summer on child sexual assault charges stemming from his work at the therapeutic camp in Bastrop County. The indictments led to the revocation of the facility?s license by the Department of Family and Protective Services.
Less than six months after the criminal charges were dismissed, Mr. Reynolds filed a 109-page, 18-count lawsuit on his own behalf alleging that, among other things, the Texas Comptroller of Public Accounts and republican gubernatorial candidate, Carole Keeton Strayhorn, deprived him of his civil rights under the color of state law.
According to the Section 1983 lawsuit, the charges against Mr. Reynolds were "motivated by ill-will toward Woodside Trails and its former or current employees and was undertaken on behalf of and as a direct result and consequence of the reckless and wanton abuse of power and authority by Defendant Strayhorn."
Section 1983 of Title 42 of the United States Code makes every "person who, under color of [law]. . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution" liable to the party whose constitutional rights were deprived.
Other defendants in the lawsuit include officials of the Department of Family & Protective Services, Bastrop County District Attorney Brian Goertz, Assistant District Attorney Kathy Holton, Sheriff Richard Hernandez and Detective Steve Suriano.
In addition to the deprivation of civil rights charge, other counts include conspiracy, malicious prosecution, and intentional infliction of emotional distress, abuse of process and defamation of character.
The Section 1983 lawsuit was received by the United States District Court, Western District of Texas, Austin Division on August 12, 2005, at 2:34 pm. It was assigned case number A-05-CA-638 LY.
A copy of the lawsuit can be viewed at
http://www.whataboutthekids.info.
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