Prosecutors from the Texas Office of the Attorney General (OAG) are facing serious allegations after continuing a criminal case built on multiple provably false claims — including one incident conclusively contradicted by video evidence that was already in their possession.
Assistant Attorneys General Geoff Barr and Ian Martin, appointed to act as County Attorneys Pro Tem for Jeff Davis County, are accused in a formal Notice of Claim of violating constitutional rights by prosecuting a journalist based on false allegations made by Justice of the Peace Mary Ann Luedecke. The notice, served Sunday, names Barr, Martin, the State of Texas, and Jeff Davis County as liable parties.
The claim highlights that at least one of the incidents at the core of the charges did not happen, and that prosecutors had access to timestamped public video disproving it before choosing to move forward. The video contradicts several items in a statement by Luedecke recorded by Barr and Martin in an in-person interview.
“These prosecutors had the evidence in hand,” the notice states. “They moved forward anyway.”
The complaint further points to a January 9, 2025, interview conducted by Barr and Martin with Judge Luedecke — a meeting characterized as investigative in nature, removing the absolute immunity typically granted to prosecutors for courtroom advocacy. The notice also asserts that the prosecution is retaliatory, launched in response to the journalist’s reporting on county officials, and targets activity clearly protected by the First Amendment, such as public records work, peaceful filming, and published criticism of local government.
Legal scholars have noted that prosecutors can be held liable under 42 U.S.C. § 1983 when they act outside their judicial role or knowingly violate clearly established constitutional rights.
The Notice of Claim preserves the right to file a future lawsuit for damages, including malicious prosecution, abuse of process, and civil rights violations under federal law. It also includes a formal preservation demand for evidence, including all communications with local officials, notes from the Luedecke interview, and internal deliberations related to the case.
No comment has yet been received from the Office of the Attorney General or Jeff Davis County regarding the filing.
