The lawsuit before Judge Paul Gessner challenges Highway Patrol officials who have only released some messages between former Major Everett Clendenin and a subordinate.
Clendenin - once the main spokesperson for the Patrol - resigned June 23 after he was placed on administrative leave while officials investigated a hundreds of text messages he sent to the woman who is married to another Highway Patrol trooper.
The flirtatious messages suggested an inappropriate relationship, but Clendenin told ABC11 in a statement that was not the case.
"There was never any physical contact between us. They were meaningless texts. It was wrong, inappropriate and unprofessional. It should not have happened. I am sorrowful for my actions. I am deeply hurt about my actions and the embarrassment they have caused the organization."
Highway Patrol officials said disclosure laws don't require it to turn over text messages received on a state-issued phone when the messages involve personal discussions.
But ABC11's attorney said messages sent during work hours to a state-issued device by state employees are public record.
Judge Gessner did not say when he planned to rule on the issue.
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