Disabilities Act claim against the college will go to trial Sept. 18.
PRINT THIS STORY E-MAIL THIS STORY Judge dismisses rights claim against Del Mar officials
Former instructor's other issues to be tried Sept. 18
By Israel Saenz Caller-TimesSeptember 8, 2006
U.S. District Judge Hayden Head Jr. on Thursday dismissed former Del Mar College instructor Albert Benitez's claims of civil rights violations against six of the college's current and former officials in a pre-trial hearing.
Benitez's breach of contract and violation of the Americans with Disabilities Act claim against the college, however, will go to trial Sept. 18.
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Benitez, a former criminal justice instructor at Del Mar, says school officials fired him in January 2005 after he sought due process for student Melody Lopez's claims of racial harassment by a college employee. He filed the suit last September.
Head dismissed claims against Del Mar College President Carlos Garcia;, Board of Regents President Gabriel Rivas;, Vice President of Student Development Jose Rivera;, Vice President of Instruction Rosie Garcia; Legal Professions Department chair Stonewall Van Wie; and former Dean of Business Ann Matula.
Houston attorney Lee Solomon, representing Benitez, would not comment on the motions Thursday.
Del Mar College attorney Augustin Rivera Jr. said some of the plaintiffs' claims against the college also were dismissed, although he did not specify which ones.
Contact Israel Saenz at 886-3767
2 comments:
Yeah that's right! Smear campaign 0, DMC 1
Theresa Cox knew the inner workings of Del Mar College and the legal system in Corpus Christi first hand. That is why she filed her claim in Austin. I decided not to invest $100,000 to pursue justice in Corpus Christi. To believe that anyone filing a claim against Del Mar College in a Corpus Christi court is going to get justice is to live in a fantasy.
The regents start all their meetings now with the Pledge Of Allegiance that ends with, “with liberty and justice for all.” It is just words to the regents. They break that pledge soon after. There is no justice at Del Mar College. Regents and administrators do not even follow their own policy. The definition of justice at Del Mar College is not justice for all, only justice for the few, only that that is deemed good for administrators, regents and their families and friends. Go back and reread your Animal Farm, 'All animals are equal, but some animals are more equal than others.'
I sat in Dean Cox’s office pursuing my grievances while many of these other situations were developing. I overheard things. Knowing the College from the inside I choose to believe what I experienced and observed. That Mr. Benitez could not prove his claim before a Corpus Christi judge does not prove the events as he claimed did not happen.
jus·tice (jŭs'tĭs) n.
1. The quality of being just; fairness.
2.
a. The principle of moral rightness; equity.
b. Conformity to moral rightness in action or attitude; righteousness.
3.
a. The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law.
b. Law. The administration and procedure of law.
4. Conformity to truth, fact, or sound reason: The overcharged customer was angry, and with justice.
5. (Abbr. J.) Law.
a. A judge.
b. A justice of the peace.
idiom:
do justice to
1. To treat adequately, fairly, or with full appreciation: The subject is so complex that I cannot do justice to it in a brief survey.
[Middle English, from Old French, from Latin iūstitia, from iūstus, just. See just1.]
Howard Karsh, retired Auditorium Manager, Candidate for Board of Regents, District 5.
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