CORPUS CHRISTI, Texas — A hearing to determine if a lawsuit against Nueces County will move forward has been delayed to next year.
That civil suit, filed on behalf of just over a dozen families, alleges the county was negligent in hiring at the Nueces County Medical Examiner's Office.
As 6 Investigates has previously reported, former Chief Medical Examiner Dr. Adel Shaker and former Deputy Medical Examiner Sandra Lyden were arrested last year following an investigation that revealed Lyden was not licensed to practice medicine in Texas.
MORE: Arrest affidavit: Shaker, multiple people lied in order to hire Lyden
MORE: Some of Lyden's 30 autopsies at ME's office include criminal cases
MORE: Nueces County Medical Examiner investigation began with death of officer's wife
Monday, plaintiffs asked the hearing be delayed because they said the county has not responded to requests for discovery and they cannot effectively argue the pending plea to jurisdiction without it.
That discovery includes autopsy reports, an opportunity to inspect the Medical Examiner's Office, and depositions of Shaker, Lyden, former Nueces County Judge Barbara Canales, and two of the office's administrative personnel.
The suit, filed by Gowan Elizondo, LLP and the Law Office of Ralph M. Rodriguez, originally named Shaker and Lyden as defendants, but an amended filing by plaintiffs this month did not name either former employee, effectively removing them from the lawsuit.
"Nueces County was the employer, was the entity under the law that had the ability to hire, or fire, personnel in the ME office. So, any wrongdoing performed by their employees, Nueces County is responsible and liable for that," plaintiff attorney Ralph M. Rodriguez said.
Visiting Judge Rodolfo Gonzalez urged both sides to move forward with the discovery process and discuss any potential settlement, saying it would benefit not only the plaintiffs but also the community to have a resolution to the case.
"The lawsuit continues, I think we have a judge who is objective who is fair-minded," Rodriguez said. "He's been on the bench a long time and he's looking at what's in the best interest of the community within the parameters of the law. He urged both parties to get together and to complete the discovery process so the case can move forward."
