A federal lawsuit filed in the Eastern District of Texas accuses a sitting Rains County Justice of the Peace of threatening a defendant's life to coerce a plea deal in a felony case over which the judge allegedly had no legal authority.
The lawsuit, filed by Coby Wiebe, names Justice of the Peace Robert Jenkins Franklin in his individual capacity and Rains County as defendants. It alleges gross constitutional violations and systemic misconduct.
According to the complaint, Judge Franklin personally contacted Mr. Wiebe by phone and stated, “Dead men can’t testify,” after indicating he was aware of Wiebe having an issue with him. The lawsuit claims this threat occurred just two days before Wiebe entered a “No Contest” plea in a felony case that Franklin allegedly lacked jurisdiction over.
The lawsuit states that certified phone records and a verified polygraph exam support the claim of the communication. Following these revelations, the Rains County District Attorney reportedly filed a motion to vacate Mr. Wiebe’s conviction. The court granted this motion and further issued judicial clemency, a rare form of post-conviction relief in Texas requiring proof of extraordinary injustice.
Paul Anderson, counsel for Coby Wiebe, stated, “When a sitting judge threatens a citizen’s life to secure a plea deal, that’s not merely unethical—it’s criminal coercion in its purest form. This wasn’t a lapse in judgment—it was an intentional abuse of authority. And every official who enabled it—whether through silence, willful indifference, or by ignoring those who raised the alarm—will be held fully accountable under the law.”
The lawsuit includes federal claims under 42 U.S.C. § 1983 for alleged violations of the First, Fourth, Eighth, and Fourteenth Amendments, including retaliation, unlawful seizure, cruel and unusual punishment, and due process violations. It also raises state law claims for official oppression, witness tampering, and intentional infliction of emotional distress, and alleges Monell liability against Rains County for allegedly allowing Judge Franklin’s misconduct to persist.
Mr. Wiebe is seeking substantial compensatory and punitive damages, along with attorney’s fees and declaratory relief, and has demanded a jury trial.
The case is filed as Coby Wiebe v. Robert Jenkins Franklin and Rains County, Texas, Case No. 6:25-cv-00149, in the United States District Court, Eastern District of Texas, Sherman Division.
