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Grand Jury Foreman Sued

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January 04, 2008, 08:51
Robert
Grand Jury Foreman Sued
A former grand jury forman has been sued by a prison inmate serving a life sentence. I read the petition. I don't think that there is any merit to the lawsuit. However, I would like to provide some comfort or advice to the foreman regarding the matter. I am sure that he will be contacting me. Has anyone faced this before? Any advice? Does the AG help with this stuff? Is the foreman covered by county, state insurance?
January 04, 2008, 11:02
Scott Brumley
The AG is required to represent a grand juror who is sued based on the performance of duties in the grand jury if the grand juror requests the AG's representation. See Gov't Code sec. 402.024(b).
January 04, 2008, 14:17
GG
That should be a brief lawsuit.

In 2003, I was sued by an inmate now serving a life sentence because I enhanced him via re-indictment after my initial offer of 18 years was rejected. The stated cause of action was that I violated his civil rights by reindicting and enhancing him "without his permission and consent".

Just goes to show you can get sued (unsuccessfully) for anything. That cause of action caused alot of judicial head shaking. I recall the Hon. Judge Underwood, presiding over the recusal hearing, stating: "I've never heard of that one before."

It took about a year to percolate through the system, and we had to endure a recusal motion/hearing because the convict didn't like the fact that the case happened to fall into the court in which I prosecuted at the time.