Posted on 04/09/2020 4:32:24 PM PDT by Elderberry
A federal judge in Waco has dismissed 13 civil rights lawsuits filed by 45 bikers arrested after the May 2015 shootout at Twin Peaks in Waco, a ruling that suggests more dismissals will be coming.
U.S. Judge Alan Albright, in a 13-page order issued Monday, dismissed civil rights claims against the city of Waco, McLennan County, former District Attorney Abel Reyna, former Waco Police Chief Brent Stroman and a handful of other Waco and Texas Department of Public Safety officers.
The 45 plaintiffs were among 192 bikers who were arrested and among 155 who were indicted in the Sunday noon-hour shootout at the former Central Texas Marketplace restaurant that left nine dead and 20 injured. A total of about 134 bikers filed civil suits.
Dallas attorney Don Tittle, who represents the majority of the bikers, said he will appeal the order to the 5th U.S. Circuit Court of Appeals.
“Ultimately, this was always going to be determined by the Court of Appeals,” Tittle said. “The only thing the judge’s ruling really changes is whether we are the party bringing the appeal or the one responding to it. Either way, the ruling was going to end up on appeal.”
Only one of the criminal cases went to trial and ended in a hung jury and mistrial. That case and the remaining cases all were dismissed by the McLennan County District Attorney’s Office, the majority after Reyna was defeated and left office.
Albright ruled the bikers failed to sufficiently allege their claims that the defendants violated their Fourth Amendment rights against unlawful search and seizure by arresting them on identical “fill-in-the name” affidavits and jailing them under $1 million bonds. They also alleged 14th Amendment due process violations and unlawful arrest that the judge rejected.
(Excerpt) Read more at harleyliberty.com ...
Disgusting.
Not surprised. There are so many defenses available to LE these are really hard lawsuits to win.
Typical. And disgusting.
Odd how the fedz keep f’ing it up in “Waco” (1- Mt. Carmel, 1- actual Waco)
is it like a McLennan County Triangle thing or something ?
Screw this guy!
meanwhile WACO still sits on the ballistics evidence....
There's a case at SCOTUS now where a criminal fled into a house owned by someone not related to him having nothing to do with the perp. By the time SWAT finished, the house was totally destroyed. Government denied any financial responsibility and so far the courts have backed them up. I'm hoping SCOTUS sets this right, but . . .
People who can’t receive justice, or even a trial, through the court system will seek other venues for justice.
Thanks for staying on this subject.
Government denied any financial responsibility and so far the courts have backed them
AND THE BEAT GOES ON, THANKS AGAIN
When will a judge demand release of data on just “who” killed the 9 and wounded the 20??
ORGASM! ORGASM!
Relative to this whole damn shit storm of a shoot out are these few questions:
1. The cops knew full well that two gangs of very bad guys would be meeting up in a location at Twin Peaks.
2. The cops knew full well violence could erupt between the two gangs.
3. If the cops wanted to avoid violence they would have flooded the area with armed and uniformed officers. Neither gang would have then gone to violence. Those gangs are stupid but not that stupid.
4. Instead the cops were set up in firing perimeter and when violence erupted between the gangs it became a “free fire zone for the cops with ARs.”
In my missive I use the words cops often. Cops are the good guys that just do what they are told to do. They must obey orders unless those orders are wrong and that is a career killer. I suspect those cops in the perimeter of the kill zone were following orders exactly. They were following bad orders. On the field of battle one has not time to analyze the order of your officer, you just do it. If it is wrong your officer wears it. MY QUESTION IS WHAT OFFICER IN THOSE HORRIBLE DECISIONS WEARS THIS. Those under him bear a great burden of totally legal but unnecessary killing.
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