Texas Farmer’s Lawyers Criticize Paxton’s Claim of Supreme Court Victory

Lawyers for a Texas man who sued the state for property damages criticized Texas Attorney General Ken Paxton (R) on Tuesday, saying Paxton’s claims of victory in a Supreme Court ruling on the case are false.

The Supreme Court ruled Tuesday that Richie DeVillier may sue Texas under state law for property damages after his home was flooded by Hurricane Harvey in 2017 due to changes on nearby Interstate 10.

The state initially argued that DeVillier’s claims should be dismissed, but Paxton claimed victory in the case on Tuesday despite a unanimous ruling against the state’s argument.

“Today we secured a unanimous 9-0 victory at the U.S. Supreme Court in a case that protects Texas’ ability to handle compensation disputes under state law for any property allegedly taken,” Paxton he wrote in a post on X.

“Since Texas is Texas, it has recognized that property rights are crucial to a free society,” he continued. “Under the U.S. Constitution, such claims must be prosecuted under state law unless Congress says otherwise.”

Attorney Patrick Jaicomo, who works for the Institute for Justice which litigated DeVillier’s case, went after Paxton for the claims in a response to position X.

“Ken, you lost this case,” he said, pointing out that the court overturned an appeals court ruling that the state requested be upheld.

DeVillier initially sued Texas in 2020 under state law for property damages, but the state transferred the case to federal court, where Paxton’s office attempted to dismiss DeVillier’s claims for lack of standing.

Jaico too highlighted a comment from Justice Sonia Sotomayor at oral arguments, who described the move from state to federal court and then dismissed the claims as a “bait and switch.”

The Supreme Court agreed with Texas that DeVillier has no constitutional grounds to sue for damages in federal court, but concluded he can sue under state law. Paxton’s claims of victory are related to constitutional claims, although DeVillier’s lawsuit against Texas now continues in state court.

“After Texas spent an incalculable amount of time and taxpayer money trying to get Richie’s Fifth Amendment claims dismissed, Richie will be able to litigate his Fifth Amendment claims,” wrote Institute for Justice Deputy Director Robert McNamara, in a statement. declaration. “The party that gets what it wants is the party that won. What Texas did is called a defeat. Only a politician would claim to have won a case he lost.”

DeVillier’s case represents about 120 homeowners east of Houston who say the severe flooding their homes experienced during Hurricane Harvey was due to the construction of a makeshift flood barrier along Interstate 10.

State officials built a three-foot makeshift dam to contain the floodwaters so the interstate could be used as an evacuation route. Homeowners say the barriers have worsened severe flooding in the area, causing extensive damage to homes.