The Litigation Division represents the County, its elected officials and its employees (including its law enforcement officers) in all civil (non-criminal) lawsuits and claims involving the County or its elected officials and employees in their official capacities. Attorneys in the Litigation Division appear in many federal and state courts ranging from the local Justices of the Peace to the United States Supreme Court.
Our attorneys regularly represent the County and elected and appointed law enforcement officers in federal lawsuits filed by jail prisoners & detainees and others against claims of excessive force or other “violations of constitutional rights”. We vigorously defend such lawsuits by seeking dismissal of the lawsuits at the earliest possible stage in order to prevent the waste of valuable time, effort and money of County law enforcement officers and officials.
The Litigation Division handles other civil claims filed by and against the County such as automobile collisions, personal injuries, property damage, employment disputes, challenges to County ordinances and all other matters in which the County or its elected officials are sued or required to appear in court.
Attorneys in the Litigation Division regularly work with law enforcement to seize and remove animals from situations where the animals are being mistreated. For example, our attorneys worked with other departments to successfully remove more than 200 horses from a situation in which the horses were malnourished and lacked proper care. The Litigation Division also represents the County Animal Control Department to remove dangerous dogs and other animals from the community.
The Litigation Division also represents the County in involuntary mental health commitment proceedings in order to obtain treatment for individuals needing mental health treatment. Additionally, our attorneys represent individuals seeking protective orders in situations where family violence has occurred.
Civil Litigation Staff
Daniel Plake is an Assistant County Attorney with the Litigation Division. He joined the Montgomery County Attorney’s Office in June of 2011 after three years of private practice. He primarily handles all types of litigation including civil rights and torts (such as automobile accidents) suits. He has successfully handled appeals to the Ninth District Court of Appeals, Fifth Circuit Court of Appeals, and United States Supreme Court. He also assists the public by representing individuals in family violence protective orders and representing the State in mental health proceedings. Daniel got his undergraduate degree from Texas A&M University and graduated from South Texas College of Law in 2007.
Ronald Chin is an Assistant County Attorney with the litigation division of the Montgomery County Attorney’s Office. He handles a variety of matters, including animal seizure and dog bite cases, domestic violence protective orders, mental health commitments, and federal and state civil lawsuits involving the county. He joined the County Attorney’s Office in March 2015 after over 15 years in private practice in civil law. Ron has tried over 50 civil jury cases in Montgomery County courts. He graduated from Baylor University in 1994 and then went on to get a J.D. from the University of Texas School of Law in 1997.
BJ McCarty is a paralegal with the Litigation Division of the Montgomery County Attorney’s Office. She joined the Montgomery County Attorney’s Office in April of 2017, after serving 20 years with the State of Texas. Of those 20 years, BJ was a legal assistant with the State Counsel for Offenders for 7 years and section leader to all litigation legal assistants for 2 years. BJ received her certification in Legal Assistant Studies from Southwestern Professional Institute in 2006 and has actively worked with litigation support since that time.
Rosie Soto is a legal assistant with the Litigation Division of the Montgomery County Attorney’s Office. Her primary responsibilities are coordinating protective orders and mental health commitments. She joined the County Attorney’s Office in June of 2013. She began her employment with the District Clerk’s office in 2007 as a court clerk, working in county and district courts with 6 years of service handling court dockets and jury trials.