Dhillon Law Group has filed a federal lawsuit against Midland County Judge Terry Johnson on behalf of a citizen journalist who says he was retaliated against after posting records critical of Johnson.
The suit alleges that Johnson responded the next day by posting Christino Rodriquez’ full name, Social Security number, date of birth, and driver’s license number to Facebook.
Background
Christino Rodriquez is an online commentator and citizen journalist who publishes under the name “Nino America.” His work focuses on government accountability and transparency in and around Midland County.
Earlier this month, Rodriquez published legally obtained federal court records concerning two lawsuits filed against Midland County. One lawsuit concerned a former county employee who alleged unlawful retaliation under the supervision of Johnson, resulting in the county paying a $150,000 settlement.
Less than 24 hours after Rodriquez had published these records, Johnson posted on his personal Facebook page an old arrest warrant containing Rodriquez’ full legal name, full Social Security number, date of birth, and driver’s license number. The caption read, “Convicted felon trying to be a player.”
The arrest warrant stemmed from a 2015 incident in which the charges against Rodriquez were dismissed and he was never convicted.
Brandon Hodges, an elected member of the Midland Independent School District Board of Trustees, publicly called for Johnson’s immediate resignation in connection with this incident. He stated that Johnson’s conduct constituted identity theft, a state jail felony.
Hodges further stated that Johnson’s conduct “violates the standards expected of an elected official and undermines public confidence in county government,” yet Johnson has thus far refused to resign.
The Lawsuit
On Monday, Dhillon Law Group filed a federal lawsuit on Rodriquez’ behalf, asserting that Johnson’s actions were retaliatory.
The lawsuit alleges that Johnson unlawfully used his official position and access to confidential government records to publicly disclose Rodriquez’ most sensitive personal identifying information in retaliation for having published “truthful, lawfully obtained court records concerning Midland County government.”
“Plaintiff’s publication of these federal court records constituted protected speech and petitioning activity under the First Amendment to the United States Constitution,” reads the suit.
Additionally, the Fourteenth Amendment to the U.S. Constitution protects an individual’s right to informational privacy, including the right to control the dissemination of personal identifying information, particularly highly sensitive information such as a Social Security number.
Because Johnson’s Facebook post blacked out Rodriquez’ home address and telephone number, the lawsuit contends that Johnson’s decision to leave the Social Security number and driver’s license number exposed was intentional rather than inadvertent.
The complaint further alleges that Johnson’s “willful and malicious public disclosure” has left Rodriquez facing a “lifelong, substantially elevated risk of identity theft, financial fraud, tax fraud, medical identity theft, criminal identity theft, and related harms for the remainder of his natural life.”
The lawsuit was filed by Trey Trainor, a partner at Dhillon Law Group. Trainor released a statement on the matter Tuesday morning.
“This lawsuit is about far more than politics or a disagreement between two individuals. At its core, it asks whether a government official can use the authority and access of public office to retaliate against a citizen for engaging in constitutionally protected speech,” wrote Trainor. “If those allegations are proven, that conduct represents a profound abuse of governmental authority and is fundamentally incompatible with the Constitution and the public trust placed in elected officials.”
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