Rains County, Texas, has formally requested a federal judge to dismiss it from a lawsuit alleging witness tampering, asserting that the county is not liable for the actions of a local justice of the peace. The case centers on Justice of the Peace Robert Jenkins Franklin, who was accused of coercing a defendant into accepting a plea deal.
In October 2023, Franklin allegedly threatened defendant Coby Wiebe, stating, “I heard you have a problem with me, boy. You take that deal, boy — or dead men can’t testify.” Wiebe accepted the plea agreement three days later. Subsequently, the 8th District Court dismissed the case in April 2024 upon learning of Franklin’s alleged threats. Franklin was indicted on two counts of official oppression and two counts of witness tampering in May 2024. However, in November 2025, Van Zandt County District Attorney Tonda Curry dismissed the felony charges, citing insufficient evidence and concerns about witness credibility. ([yahoo.com](https://www.yahoo.com/news/articles/charges-dropped-against-rains-county-224905853.html?utm_source=openai))
The lawsuit against Rains County contends that the county bears responsibility for Franklin’s actions. In its motion to dismiss, the county argues that it cannot be held accountable for the independent actions of an elected official acting beyond the scope of his official duties. The county maintains that Franklin’s alleged conduct was personal and not representative of county policy or practice.
This case underscores the complexities of municipal liability, particularly concerning the actions of elected officials. Legal experts note that for a county to be held liable under federal law, there must be evidence that the official’s actions were part of an official policy or custom. The outcome of this motion could set a precedent for how similar cases are handled in the future.
As the legal proceedings continue, the court’s decision on Rains County’s motion to dismiss will be closely watched, as it may have broader implications for municipal liability and the accountability of elected officials in Texas.