City manager lawsuit dismissed

The 21st District Court of Bastrop recently granted a plea to the jurisdiction and motion to dismiss a lawsuit filed against City Manager Thomas Mattis from February of last year.

The lawsuit was filed by Elgin’s Stephanie Lippke, prior to her running for mayor, claiming defamation and assault.

Filed by city of Elgin legal counsel Stephen Barron, of Wright & Greenhill, the plea claimed that Lippke’s accusation was unbelievable and bore out as the litigation progressed, with overwhelming evidence that no assault occurred.

“I am pleased with the Court’s decision but not surprised, as I always knew we would prevail,” said Mattis.

This civil lawsuit followed a Texas Ranger investigation that was presented to the Bastrop County Grand Jury and determined that the evidence, including eye-witness testimonies, did not indicate even a fair probability to support Lippke’s allegation.

According to Barron, Lippke has no evidence beyond her mere subjective suspicions to support her claim that Mattis left the scope of his employment to commit a crime.

Lippke has long been critical of Mattis and the way the city operates.

“Elgin has lacked a strategic plan and vision for over a decade,” she said on a social media post.

Additionally, Mattis believes the court proceedings squandered valuable time and assets.

“It’s hard to forget, though, that this was an abject waste of public safety and court resources, not to mention tax dollars, in defending this frivolous litigation,” said Mattis.

As of Nov. 1, defense costs paid by taxpayers have exceeded $50,000, according to city officials.

Costs associated with the defense of this lawsuit were paid in part by the Texas Municipal League Intergovernmental Risk Pool, a governmental entity that provides Texas cities with the opportunity to pool public funds and manage risks. The pool covered more than $48,000 of costs for the Lippke lawsuit, with the city paying out $5,000.

It is possible for this litigation to continue if Lippke chooses to appeal the court’s order or decides to name the city of Elgin as a defendant.

“I speak for myself and [Elgin] City Council when I say we are in full support of our city manager, Tom Mattis, and we are focused on working with him to continue moving the city forward,” said Mayor Theresa McShan.