MIDLAND, Texas — Newly obtained lawsuit documents filed on December 19, 2023 show that the "Midland Christian Five" are adding four more people to the lawsuit.
In the complaint that was amended in December, attorneys added City of Midland Chief of Police Seth Herman, former City Manager Robert Patrick, former Mayor Patrick Payton and Midland County District Attorney Laura Nodolf. The City of Midland remains the main defendant.
The new complaint claims that Herman, Patrick, Payton and Nodolf knew the charges against the "Midland Christian Five" were false but allowed police to re-arrest administrators Jared Lee, Matthew Counts and Dana Ellis.
"We have alleged that they approved and had knowledge of these phony charges and told the police to go ahead and charge our clients with arrest, affidavits that were filled with omissions, lies and misstatements," Jennifer Brevorka, a lawyer representing the "Midland Christian Five," said.
Along with claims of untruthful allegations, Brevorka said arrest warrants had been left out for her clients until a grand jury erased them.
"They allowed our clients to have arrest warrants hanging over there heads for months until a grand jury got rid of them," Brevorka said. "Then they approved again a second set of phony and concoctive charges after our clients filed a lawsuit."
Brevorka told NewsWest 9 that twice her clients had been "vindicated" by independent district attorney's offices and grand juries, who have dismissed the charges put against them.
The new amendment also includes complaints and claims for damages relating to a second arrest made in November 2022.
The original lawsuit filed in August 2022 against the City of Midland and Midland police officers Jennie Alonzo, Rosemary Sharp and Camilo Fonseca claims that the five administrators' reputations are damaged.
When asked if they would change anything that they had done, Ellis spoke for her fellow educators.
"We stand by every action that we took," Ellis said. "We've been asked repetitively, you know if you could go back and do it again, what would you do different? Absolutely nothing. I stand by every action that we took. I believe that every action that we took was ethical. It was legal, and it was in the best interest of the students, which ultimately is our job."
Those with teaching certifications haven't been able to teach because their certifications have been suspended.
Lee said these past couple years have had long lasting repercussions on their careers.
"We got into the school business, to be a light and an impact to children," Lee said. "We love kids. we love working with kids, that was our heart's desire, and that career was ripped away from us by false and reckless allegations from the Midland Police Department."
According to Brevorka, the City of Midland has filed a motion to dismiss and that Brevorka and her team have since filed a response. They expect the courts to consider the arguments in the coming months.
When asked for comment, the City of Midland said they don't comment on pending litigation. The Midland County District Attorney's Office was unavailable when reached out for comment.