Related to the fraudulent lien topic is also a question of whether the new county clerk is bound by an injunction that named the previous county clerk in her official capacity. The injunction prohibitied additional filings by the group over the same type of claim, lien. Our new clerk says he is not bound by the injunction because it specifically named previous clerk. Granted the better language would have been to add any successor clerk, but being that previous clerk was named in her official capacity wouldn't it apply to a successor?
Related to this can the judge order the clerk not to file documents. I know they have the right to dismiss for abuse of the process but isn't that the proper relief, not ordering the clerk to refuse document filings?

[This message was edited by pkdyer on 11-15-06 at .]

It is my understanding that a suit against an official in their "official capacity" is actually a suit against the office and not the individual. Somewhere in this forum is a similar question that I asked with a much more informed and erudite response from the Hon. Scott Brumley. Even if I found it, however, I have not idea how to put a link into this response.