Posted on 06/27/2022 6:15:15 PM PDT by Elderberry
Nearly 90 bikers claim they were falsely arrested after deadly shootout
The 5th U.S. Circuit Court of Appeals has reinstated the lawsuits – at least temporarily – of about 90 bikers arrested in the 2015 Twin Peaks shootout whose civil rights cases were thrown out last year by U.S. District Judge Alan Albright.
A three-judge panel of the federal appeals court reversed Albright’s previous ruling that a grand jury’s indictment of the 90 bikers “served to break the chain of causation” for their false arrest claims and sent the cases back to Albright for further consideration in light of the court’s ruling.
The panel’s complex, 17-page opinion puts the civil rights cases of about 90 bikers back in play and instructs Albright to determine if each defendant has alleged adequate claims that they were falsely arrested after the melee that left nine dead and 20 injured.
By dismissing the suits of the indicted bikers, Albright did so through “a legal erroneous application” of the independent intermediary doctrine, the panel ruled. The doctrine, as interpreted by the 5th Circuit, states that even if an officer makes a false arrest and violates the detainee’s Fourth Amendment rights, the officer will not be liable if the facts supporting the arrest are put before an impartial intermediary, such as a magistrate or a grand jury, and the intermediary finds probable cause.
“Because the district court concluded that the independent intermediary doctrine applied, it did not discuss the merits of the plaintiffs’ false arrest claims,” the opinion states. “But the nature of the plaintiffs’ false arrest claims is relevant to our inquiry here because they argue, in essence, that the independent intermediary doctrine should not apply to the grand jury’s indictment because the grand jury was misled---
(Excerpt) Read more at kwtx.com ...
Seven years later.
Ibtg
IBTG
Thoughts?
Thank you for reminding us all of this.
I appreciate your perspective on this over the years.
“Richie said the city has a pending motion to dismiss the lawsuits.”
Nothing has changed?
I'm assuming that you go by "Texas Fossil," your a resident of the great state.
SIZE MATTERS
You do know, that if you were to divide the State of Alaska, into two different states, Texas would than be the third largest state. I'll leave out, if you wait for the tide to go out, divide Alaska, into three states, Texas would than be the fourth largest.
Yes ladies and gentleman, size does matter. No bragging, just the facts sir.
Size does matter with some things. Quality matters in others.
Yes, I know about Alaska. A good family friend spent most of his life in Alaska. He invited me up there when I graduated from college. I’m sure I would have liked it there and appreciated the people. (lots of Texas oilies are there)
But the winters, even in Juno are more than my body could handle.
One of my father’s grandfathers was born in TX during the Republic of Texas. This is on his grave marker: https://twitter.com/TX_1/status/813228188323160066
His grave is in a cemetery about a mile from my house at the farm. He donated the land for the school, church and graveyard for a community that no longer exists.
So, I may never leave Texas again. This is where my roots are.
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