A former Texas fire chief who was acquitted on some criminal charges and had others dismissed has filed suit against the City of Brownsville, its current fire chief, two former city commissioners, and the Brownsville Firefighters Association Local 970, alleging he was targeted for refusing to participate in improper political conduct.

Carlos Alberto Elizondo filed suit in Cameron County District Court against the City of Brownsville; Fire Chief Jarrett Sheldon, individually and in his capacity as fire chief; former Commissioner Cesar De Leon; the Estate of former Commissioner Ben Neece; and the Brownsville Firefighters Association Local 970. The suit was later removed to the U.S. District Court for the Southern District of Texas.

Chief Elizondo alleges he began working for the City of Brownsville in 1997 and served more than nineteen years with the Brownsville Fire Department, rising through the ranks from emergency medical technician, firefighter-paramedic, firefighter-driver, and firefighter-lieutenant, before becoming fire chief.

According to the complaint, Chief Elizondo was also elected in 2014 to the Brownsville Independent School District Board of Trustees. He claims that while he was serving both as fire chief and as a BISD trustee, Commissioner De Leon and Commissioner Neece pressured him to use his position on the school board to benefit their private legal interests.

The complaint alleges:

• The requested conduct was improper, unethical, and potentially criminal.
• Plaintiff refused to misuse his public office or engage in any conduct that would violate the law or his ethical duties as a public servant.

Chief Elizondo claims that after he refused, certain city officials began a campaign to remove him as fire chief and damage his reputation. The lawsuit alleges the City commissioned an audit of Brownsville Fire Department ambulance operations involving the referral of certain non-emergency ambulance transports to private ambulance companies.

According to Chief Elizondo, the ambulance referral practice had been known to and authorized by city leadership, including the city manager and legal advisors. He alleges the defendants mischaracterized the audit findings and used the audit as a pretext to support disciplinary action and criminal referrals.

The complaint states:

• Defendants knowingly fabricated, manipulated, and misrepresented evidence and withheld material information to create the appearance of criminal wrongdoing where none existed.

Chief Elizondo alleges city officials referred allegations to the Cameron County District Attorney’s Office accusing him of Theft by a Public Servant and Misapplication of Fiduciary Property. He claims his home was raided, he was jailed, and he was forced to surrender to investigators in a highly publicized manner. Here is earlier coverage of that case.

The suit also alleges that after Chief Elizondo was suspended with pay, he continued accessing fire department computer systems to monitor emergency operations in anticipation of returning to work. He claims he had not been told his access privileges were revoked. Additional felony charges were then brought against him for alleged unauthorized computer access.

According to the complaint, a jury found Chief Elizondo not guilty in September 2019 on all charges related to the alleged unauthorized computer access. The remaining charges for Theft by a Public Servant and Misapplication of Fiduciary Property were dismissed in April 2025.

Chief Elizondo alleges he was terminated by Fire Chief Sheldon, who he claims acted in concert with the other defendants. The complaint asserts claims for First Amendment retaliation, malicious prosecution under 42 U.S.C. §1983, fabrication of evidence and denial of due process, abuse of process, civil conspiracy, deprivation of liberty interest under a “stigma-plus” theory, and intentional infliction of emotional distress.

The complaint alleges:

• Defendants used legal and administrative processes, including internal disciplinary investigations, audits, and criminal referrals, for purposes other than those for which such processes were intended.

Chief Elizondo is seeking reinstatement or front pay, back pay, lost benefits, retirement-related damages, compensatory damages, punitive damages against the individual defendants where permitted, declaratory and injunctive relief, attorneys’ fees, costs, interest, and a public apology from the City. The complaint seeks monetary relief in excess of $1 million.