Archive for the ‘Waco Biker Shootout’ Category
DEADLINE TO FILE TWIN PEAKS CIVIL RIGHTS CLAIMS FAST APPROACHING
March 15th, 2017A false arrest claim MUST be brought within 2 years of the date of arrest. In this instance, May 17, 2017 is the absolute deadline! There is some bad legal advice going around related to the deadline for bikers who were arrested at Twin Peaks to file civil cases. I’ve now heard it repeated several times, and this morning even got an e-mail from an Houston lawyer that represents several bikers repeating the bad advice. His belief, and that of others who are suggesting that the deadline doesn’t start to run until charges are dropped or the person is acquitted, is absolutely incorrect. The United States Supreme Court settled the issue […]
First Civil Rights Lawsuits Filed in Waco Twin Peaks Incident
November 18th, 2015Our office has filed the first group of civil rights lawsuits related to the Twin Peak incident. More filings are expected in the future. Each individual’s case was filed separately. Suits have been filed on behalf of John Vensel, Matthew Clendennen, George Bergman, Jorge Salinas, Noe Adame, and Robert Bucy. Read the full complaint here. The suits highlight the lack of individual, particularized facts that are required to establish probable cause before arresting and charging an individual. This requirement is Constitutionally mandated by the Fourth Amendment and has been the subject of decades of United States Supreme Court law. “… the requirement of particularity is not a mere ‘technicality,’ it is an express […]
Waco Biker Mass Arrests: How To Let Go of a Tiger Without Getting Bit
October 21st, 2015After choosing the “arrest ‘em all, let God sort ‘em out” approach to law enforcement, authorities in Waco appear to be stuck between a rock and a hard place. Perhaps an even better way of putting it… After grabbing hold of a tiger, how can they let go without getting bit? (Thanks Rick, for stating it so perfectly!) The Waco Biker Arrests of 177 people, most of whom had no connection whatsoever to the tragedy, has provided Waco City and County officials with a seemingly limited number of choices, ranging from bad to worse. They can attempt to indict everyone, thus doubling down on an already terrible bet; or they can […]
Waco Bikers: No Probable Cause? No Problem.
July 20th, 2015Over 100 people were arrested in Waco without probable cause. The Waco biker shootout is an excellent case study in probable cause or the lack thereof. We’ve blogged about the probable cause standard before. When looking at the Waco biker case, it would seem clear that the Waco Police Department lacked probable cause to arrest all 177 people. Initially 239 people were detained at the scene, and of those, 177 were formally arrested and charged with a first degree felony of engaging in organized criminal activity. It is unknown what criteria was used to whittle down the 62 persons who were not formally arrested, but what is known is that […]
Waco Biker Arrests Create Civil Liability for City
July 9th, 2015We have been watching the Waco Twin Peaks biker shootout with interest. From the outset, this mass arrest seemed to have some problems, and now that more information has come to light, the City of Waco has opened itself up to serious civil liability. Why? Because this is a textbook example of mass arrests without individual probable cause. At the heart of every arrest, there must be probable cause. Now, of course, probable cause is a very low standard that can usually be met, but not likely in this case. From what is currently known, the Waco Police Department decided that (nearly) all of the bikers at the Waco Twin […]