Now That Mayor Dwaine Has Sued Greg Abbott Over Police Report's Release, What's Next?

Categories: City Hall
ArchiePunisher.jpg
The gentleman on the right also sometimes goes by "Arthur."
On Friday, the Texas Attorney General's Office told the city of Dallas to give up those police records pertaining to Mayor Dwaine Caraway's pals Arthur and Archie. At which point Caraway's attorney -- Michael Payma of Payma, Kuhnel, & Smith -- turned around and sued Greg Abbott, claiming the AG had "incorrectly applied" the open-records law to those should-be-open records.

Tom Kelley, the press secretary for the AG's office, tells Unfair Park this afternoon Abbott hasn't even been served with the suit yet. Which means: Nothing will happen for "some time," as Kelley puts it -- at least until a court date's been set. Says Kelley via e-mail: "We'll file an answer within 30 days."

Some locals have wondered, though: Shouldn't Caraway have sued the city too, since, after all, it's the custodian of the records? Kelley says since "we made the ruling," a suit against the AG at the very least is appropriate in this instance. Nevertheless, Payma -- for whom a message has been left -- hasn't filed legal docs attempting to keep the City Attorney's Office from adhering to the March 1 ruling, which triggered a 10-day deadline for the release of the records.

The question is: Aside from Caraway's attorneys insisting the AG's office misinterpreted the Texas Public Information Act, is there any other obstacle standing in the way of the city's making the police report public? I've left several phone messages for, and sent two e-mails to, City Attorney Tom Perkins trying to find out the city's position. One source says it's possible the city could just sit back and say, "Not us," then point to the pending litigation as reason enough to hold off on the release of the records.

"It's not a call we would make," Kelley says. "We're proceeding under the assumption we're under a court challenge by the mayor, but that's between the mayor and the city." He's offered to do some more digging, by which point, fingers crossed, we'll have heard back from Perkins. Or Payma. Or Arthur and Archie.

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19 comments
Titus Groan
Titus Groan

Arthur and Archie...Dwaine's answer to the Family Circus "Not Me" and "I Don't Know".

Where were they the night Nicole Brown and Ron Goldman were killed? I think we finally found the real killers, OJ!

Oak Cliff Townie
Oak Cliff Townie

I guess this will teach the Chief about doing someone a favor .

cheapold geezer
cheapold geezer

This set to is really fun. Dwaine takes on the crippled guy in the wheelchair. I am busy putting together a script for Fox cable TV. Something in the order of Justified or that motorcycle gang show. Working title is Arthur and Archie Do Dallas. With Dwaine's ego we can probably cast him to play himself.

Montemalone
Montemalone

It wan't really Arthur and Archie after all, twas Amos n Andy.

Guest
Guest

I guess this additional (potential) delay just gives us more opportunity to make up stuff that's "probably" in those reports and on those tapes.

Doug in DFW
Doug in DFW

30 Days?? So the report may come out around April 8th when the Arthur remake opens? Sounds like another key-giving opportunity! Paging Dallas International Film Festival. The Mayor does take requests.

Clancey
Clancey

As another has noted, correct procedure is to find a Dallas County Judge who will agree there could be irreparable damage should the data be released prior to a final determination whether the AG was right. Otherwise, nothing to prevent the AG from releasing it all.

Now. Take it one step further: Dwaine is in an adversarial relationship with the City of Dallas. They are down in the dirt. Does that affect any of his other decisions, votes, etc. Should he vote on matters involving DPD? Should he recuse himself on most everything?I've not thought it through, that's something to do at 3a.

Grumpy Demo
Grumpy Demo

I wonder what the odds you can get for Dwaine (Don Hill 2.0 with the Leppert skin mod) winning this lawsuit at his poker house?

10:1, 6:1?

Robert Wilonsky
Robert Wilonsky

So you're saying the mayor's going to sue the city? That wouldn't be national news at all.

Even now
Even now

Robert, why'd you go and point out to Caraway's atty that he screwed up? Now, he'll quickly go and amend the petiton. Obviously, Caraway just wants to drag the ordeal out maybe like 2yrs, so that when they finally release the info, nobody cares.

Phelps
Phelps

If Dwayne has competent lawyers, they are trying to get a TRO signed right now. The problem will be finding a judge who thinks they have enough of a chance at winning to sign it.

CrackerDaddy
CrackerDaddy

Aaaaaaaahhhhhhh!!!! Dwaine Caraway -- the gift that keeps on giving.

Heywood U Buzzoff
Heywood U Buzzoff

Maybe Arthur and Archie could give their permission to air the tapes. And how much city money is being spent on the fictitious duo that could be spent on other important items -- like Solar Powered Water Taxis!!

Who Ray
Who Ray

I think there will still be alot of interest no matter how much time elapses........

Thelisma Partridge
Thelisma Partridge

He only has to drag it out for four months, then his political career is over anyway.

And, if it was so personal, intimate and embarrassing why did he call the chief of police in the first place? Either way D-waine was caught in a Big Fat Lie by implicating Arthur and Archie. Leppert 2.0 indeed.

Leagle Beagle
Leagle Beagle

Agreed. It seems like the City would be in contempt of the AG's order to release the public information, if a court did not issue an injunction to compel the City to wait for the court's ruling. Which may bring up an interesting case of "standing". The public information requests were submitted to the City (as keeper of the public documents). The City is the entity that took the case to the Attorney General, in an effort to try to have the public information excepted from disclosure. Then, the AG told the City (not Dwaine Carraway) to release the Public Information. It'll be interesting to see whether a challenge from a third party can be used to disrupt the release of Public Information after it has been ordered by the State AG. I'm not sure the Public Infoirmation Act statutes allow for that.

Robert Wilonsky
Robert Wilonsky

"He only has to drag it out for four months, then his political career is over anyway."

Not true: After the next mayor is elected and takes office, Caraway will return to being a city council member. He is running unopposed for another term on the council, at least so far. And he could potentially serve two more.

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