Process Server Brings Suit Against Judge Who Had Him Wrongfully Arrested

• June 20, 2016
• by Stephanie Irvine
• Technology
• Legislation

It can take years for court proceedings to get resolved. We’ve got the latest update in a case regarding process server Stephen Hartman, which we posted in 2013. For all the details, read our original post: Process Server's Possibly Illegal Arrest Caught on Camera.

If things go Hartman’s way, he stands to gain $2 million from the suit.

In May of 2013, Texas process server Stephen Hartman attempted to serve Judge Layne Walker documents regarding a federal civil rights complaint from a defense attorney alleging mistreatment. The service, which was supposed to have been prearranged by the sheriff, was attempted in Judge Walker’s courtroom during a break. As it turned out, nothing had been prearranged, and one of the officers in the court, Deputy Steve Broussard, prevented service from happening. The attempted service was recorded on a pen camera in Hartman’s pocket.

It was Hartman’s second attempt to serve Judge Walker. Previously, Hartman had attempted service at the Judge’s home. A complaint filed by Hartman alleged that Judge Walker pulled a gun on him at that time. And so, this time, he attempted service in a safe, public place—the courtroom.

The video shows Hartman entering the courtroom and waiting patiently before approaching the bar (without crossing it) and motioning for the bailiff (Deputy Sharon Lewis) to approach him. He whispers to let her know he needed to serve process on the judge and find out when would be an appropriate time to do that. She turns to Deputy Broussard, who approaches Hartman, ushers him out of the courtroom saying, “Yea, you’re going out, or you’re under arrest.” Despite Hartman’s pleas that what the deputy was doing was illegal, it didn’t matter. Service was prevented.

What followed hit the news hard —  not only was Hartman initially barred from serving the legal documents, but he was arrested for charges that, at the time, the arresting officer hadn’t figured out yet. Hartman clearly asks in the pen camera audio, “May I ask what I’m being arrested for?” The response was “Right now, I don’t know.” Deputy Broussard, who arrested Hartman, later said that he was simply acting on behalf of the Judge.

The pen camera recording ultimately led to the complete exoneration of any wrongdoing by Hartman. It also resulted in the damnation of Judge Walker, Deputy Steve Broussard, Deputy Sharon Lewis, and attorney Joe Vazquez, who all signed false affidavits alleging that Hartman caused a disturbance in the courtroom and shoved papers in Deputy Lewis’ face.

The video shows what really happened, and charges against Hartman were subsequently dropped.

Watch the Video

A few weeks after the courtroom incident, Hartman filed a 100+ page civil rights lawsuit against The State of Texas, Jefferson County, Judge Layne Walker (individually), Sheriff Mitch Woods, Sheriff Deputy Steven Broussard, Sheriff Deputy Sharon Lewis, Sheriff Captain Carr, Sheriff Deputy Anthony Barker, and court coordinator, Ann Landry. An outside judge is presiding over the case.

Hartman clearly asks in the pen camera audio, “May I ask what I’m being arrested for?” The response was “Right now, I don’t know.”

Allegations of excessive force by Deputies Broussard and Lewis, all present during the time of Hartman’s arrest, were made in the lawsuit, which chronicles a myriad of alleged injustices against Hartman. According to the lawsuit, Broussard brought Hartman to a holding cell, whereupon all of his belongings were confiscated, including the pen camera that had recorded the attempt.

In affidavits, it is alleged that the officers lied about the pen camera’s existence, replacing it with a screwdriver, concealing that they had it, and attempting to destroy it before ultimately admitting it was a pen camera and that they had it. These actions resulted in the serious allegations of tampering with a governmental record by providing falsified governmental records to obtain a search warrant from Judge Robert Wortham.

And with all of that, the suit also alleges that Hartman was never read his Miranda Rights.

Hartman sat in that holding cell for hours before he was transferred to the Jefferson County Jail where he was finally able to make a call and later post bail. In the meantime, his attorney, Sonja Coffman, had tried to see him, but he was denied the opportunity.

Lawsuit Details

A total of 26 parties were named in the lawsuit, which claimed a litany of constitutional violations (from the lawsuit):

• Deputy Broussard wrongfully arrested Hartman, violating Hartman’s Fifth Amendment Due Process Rights, Fourth Amendment Rights against False Arrest and the use of excessive force, and his First Amendment Right to Freedom of Association
• Hartman was subject to an illegal search and seizure, violating Mr. Hartman’s Fourth Amendment Rights, his Fifth Amendment Rights to Due Process, and his Fourteenth Amendment Rights to Equal Protection Under the Laws.
• Hartman was not advised of any criminal charges, nor was he read his Miranda rights, violating his Fifth and Fourteenth Amendment Rights.
• Hartman requested a phone call, which the deputies wrongfully denied, violating Hartman’s Fifth, Sixth and Fourteenth Amendment Rights. Mr. Hartman then requested to speak to a supervisor.
• Hartman’s employer, Klein investigations, hired attorney Sonja Coffman, who requested the right to see and talk to her client, but Judge Layne Walker denied Mr. Hartman his right to counsel, violating the Sixth Amendment.

Furthermore, the lawsuit claims a laundry list of Penal Code violations by the defendants, including the attorneys associated with the initial criminal case against Hartman that was dropped and the deputies involved in the initial false arrest. The court reporter and court coordinator were included in the list of those who had committed the Texas Penal Code violations and subsequent violation of Hartman’s civil rights.

The suit alleges that the digital contents of Hartman’s iPhone, which was confiscated, was downloaded and that the defendants called his contacts to try and intimidate them. Later, Judge Walker and Ann Landry worked to get Hartman’s private investigator license, personal protection officer license, and commissioned security guard license suspended for three months, pending the outcome of the criminal investigation (which, as we mentioned before, was dropped).

What’s striking about the lawsuit is that it brings up the point that even if the pen camera had not existed, court reporter Summer Tanner kept an audio recording as part of her duty to create accurate court reports. According to reports, Judge Walker ordered her to ignore a lawful subpoena issued for her audiotape of the day’s events. The recording was also not initially disclosed.

These offenses were continued by the Jefferson County attorneys who pursued the criminal case against Hartman, including the Chief Prosecutor for the 252 District Court, E. Perry Thomas, and Assistant District Attorneys Lindsey Scott and Joel W. Vasquez. The suit alleges that Perry, Scott, and Vasquez, along with other involved attorneys (Joe Alford, James Makin, Rife Kimler, Arthur Louis, Jr., and Clint Woods), violated the Texas Disciplinary Rules by assisting others in violating the rules, committing criminal acts, engaging in conduct involving dishonesty, fraud, deceit and/or misrepresentation, engaging in obstruction of justice, and knowingly assisting a judge in conduct that is a violation of applicable rules of judicial conduct or other law. A number of other Jefferson County employees were included in the suit as well.

Every page of the massive lawsuit alleges civil rights violations that are astounding in both nature and sheer volume. If Hartman is successful, the lawsuit will show intense corruption and abuses of power at nearly every corner of the legal system in Jefferson County.

Hartman’s lawsuit and complaints are one of many against the Texas Judge who faced a myriad of grievances alleging corruption, intimidation, and abuse of power, among others. Newspapers splashed “Corrupt Jefferson County Judge...” and “Texas judge accused of corruption goes on legal rampage” on headlines, tarnishing the Judge’s waning reputation in the county and establishing a pattern of perceived dishonesty. The negative press and pending court cases (of which he was not presiding over) likely became the reason he did not seek re-election and resigned in December 2013.

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In May 2016, three long years after the initial incident at the courthouse and following a special investigation, felony indictments have been filed against Judge Layne Walker, Chief Deputy Tim Smith, investigator Chad Kolander, and Deputy Steven Broussard.

Walker’s indictment alleges Abuse of Official Capacity, a State Jail Felony from October 18, 2005, through January 6, 2014. This encompasses the time at which Hartman was falsely arrested.

The indictments for Smith and Kolander allege felony Tampering With Physical Evidence and Tampering With a Governmental Record and each reference on or about June 5, 2013, as the date at which the offense occurred. Both Smith and Kolander’s indictments read that each allegedly created, presented and used a probable cause affidavit for a search warrant with knowledge of its falsity and with intent to harm the ongoing investigation and namely harm Judge Bob Wortham. The search warrants are attached to the indictment as evidence.

Broussard’s indictment is also officially for Tampering with Physical Evidence and Tampering with a Governmental Record. The indictments more specifically state that Broussard allegedly concealed the pen camera with the intent to impair its availability as evidence in an ongoing investigation and that he destroyed, concealed or removed an offense report supplement with the intent to defraud or harm Stephen Hartman.  Broussard’s indictments indicate the date of offense as on or about May 28th, the date at which Hartman attempted service and was falsely arrested.

The indictments more specifically state that Broussard allegedly concealed the pen camera with the intent to impair its availability as evidence in an ongoing investigation and that he destroyed, concealed or removed an offense report supplement with the intent to defraud or harm Stephen Hartman.

According to Hartman’s lawsuit, Walker allegedly orchestrated civil rights violations against Hartman, including multiple instances at which the First, Fourth, Fifth, Sixth and Fourteenth Amendments were violated. Chief Deputy Tim Smith, who allegedly provided a false affidavit, investigator Chad Kolander, who allegedly stole the pen camera and lied on the affidavit, and Deputy Steven Broussard, who initially arrested Hartman.

All four have surrendered but have been released on personal recognizance bonds. The indictments will certainly be favorable for Hartman’s pending civil suit.

We reached out to Stephen Hartman for comment, but because the lawsuit is ongoing, he referred us to his attorney. We were unable to obtain Attorney John Morgan’s comments prior to publication.

Judge Layne Walker contends he is “Absolutely not guilty,” and called for Hartman’s lawyers to dismiss the civil case, claiming the prosecution didn’t have enough evidence. If things go Hartman’s way, he stands to gain $2 million from the suit.

Read Hartman's Lawsuit

Every day, process servers take on a job that many people frankly don’t want to do. It’s good to see that justice just might prevail, even when it was shadowed by corruption.

What do you think about the recent developments in this case? Let your voice be heard in the comments.