An anti-abortion group filed the suit against the long serving judge of the 21st district court in October, charging he improperly placed a juvenile girl in the custody of her step-grandmother who was living with a convicted sex offender.
The Texas Center for the Defense of Life charges that the boyfriend, Edward Clinton Lee was making aggressive advances to the girl and wanted her to have an abortion.
Six months after the custody ruling, Lee shot and killed the grandmother but the girl was able to escape.
Judge Flenniken says the girl never stated that she felt she was in danger and was never presented with any evidence that she was in danger.
Flenniken retired from the bench at the beginning of the year after serving for 12 years.