Waco Federal Lawsuit Filed

May 29, 2015

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Waco Federal Lawsuit Filed

The first of what will surely be a blizzard of federal civil rights lawsuits was filed this morning against the city of Waco and McLennan County, Texas.

Scimitar Motorcycle Club member Matthew Alan Clendennen (above) is also suing Waco police officer Manuel Chavez, who signed the criminal complaint against Clendennen and up to 177 other arrestees. Chavez’ criminal complaint states that “I hereby state upon my oath that I have reason to believe and do believe that heretofore, and before making and filing of this complaint, that on or about May 17, 2015 in McLennan County, Texas, the said Clendennen, Matthew Alan did then and there, as a member of a criminal street gang, commit or conspire to commit murder, capital murder, or aggravated assault against the laws of the State.”

Fill In The Name

The lawsuit notes that “the identical criminal complaint used in Plaintiff Matthew Alan Clendennen’s case was used to justify the arrest of more than 100 other individuals and only the names were changed in the various criminal complaints. The complaint alleges absolutely no individualized probable cause to establish that Plaintiff Matthew Alan Clendennen engaged in organized criminal activity

“At the time of Plaintiff Matthew Alan Clendennen’s arrest, the Fourth and Fifth Amendments of the United States Constitution required probable cause to arrest a citizen before the citizen’s liberty could be significantly restrained. Chavez, aided by Does 1-10 and/or Does 11-20, presented the criminal complaint to (Justice of the Peace Walter H. “Pete”) Peterson when no reasonably competent police officer in Chavez’ position could have concluded that a warrant should be issued against Plaintiff Matthew Alan Clendennen based on the allegations against him in the ‘fill in the name’ criminal complaint.

“In addition, Chavez, aided by Does 1-10 and/or Does 11-20, intentionally withheld material information regarding Plaintiff Matthew Alan Clendennen in the criminal complaint such as the facts that he was not a member of the Cossacks nor the Bandidos, that he did not participate in any of the violence occurring at Twin Peaks and, in fact, hid from the violence.”

The suit names 20 police officers as simply Jane or John Doe.

Baylor Grad

Clendennen is a resident of nearby Hewitt, Texas and a 2011 graduate of Baylor University. The 30-year-old, married father of four and employer of six “has no previous criminal record.” He is represented by Dallas attorney F. Clinton Broden.

The suit complains that although “Clendennen was present at the Twin Peaks restaurant” he “did not engage in any criminal activity…nor did he travel to Twin Peaks on that day with the intent to engage in any criminal activity nor did he anticipate that any criminal activity would take place.”

He “was on the patio area of Twin Peaks on that day when violence began among other individuals in or around the Twin Peaks parking lot. At the time the violence erupted, Plaintiff Matthew Alan Clendennen took cover by attempting to hide in a hallway inside Twin Peaks.” He “did not engage in any violence at or around Twin Peaks” or “encourage or solicit any criminal activity.” He “did not possess any weapons while present at Twin Peaks that day except for a closed Benchmade mini pocket knife given to him as a Christmas gift by his parents in December 2011 and which he has carried regularly since then. That knife never left Mr. Clendennen’s pocket while he was at Twin Peaks. Despite the fact that Plaintiff Matthew Alan Clendennen committed no criminal acts he was arrested at Twin Peaks on or about May 17, 2015 without probable cause and his motorcycle was illegally seized.”

Exemplary Damages

The suit further alleges: “It was also the policy of the City of Waco, as decided and approved by their policymakers to illegally seize vehicles from those illegally arrested with the hopes of selling those vehicles for a profit.”

Clendennen complains that he has suffered the costs of a defense attorney, lost income, “mental pain and anguish,” “damage to his reputation,” and “the loss of use of his motorcycle.”

He is seeking “actual damages; pre-judgment and post-judgment interest as provided by law; interest at the highest rate allowed by law; exemplary damages; cost of suit; attorneys’ fees” and “such other and further relief to which Plaintiff may be justly entitled.”


124 Responses to “Waco Federal Lawsuit Filed”

  1. FF Says:

    You know, I cant help but think that the obamugabe regime is behind this; the communist (demoncrat) party is obsessed with turning Texass blue.

  2. david Says:

    @Brad Milch,
    Was stating facts, not opinions. All NINE of your statements concern what was done, and not done, by the fascist pigs and press, AFTER the murders and woundings.

    The pre-massacre facts and events are more telling, and way more important in this instance.

    1) Years ago, the City of Waco City Council(Legislative Branch of local government)approved the creation and funding of a military SWAT po-lice kill team, PRIOR to the event.

    2) The Texas State Legislature passed an “Engaging in Organized Crime” State Statute, and the Texas Governor enacted it by signature, PRIOR to the event.

    3) Militarized BATF and Waco PD SWAT, set up and held higher ground shooting positions, some possibly roof-top positions, and were strategically positioned PRIOR to the event.

    4) Sgt. Swine-ton was designated by the po-lice chief as “spokesman”
    PRIOR to the event.

    so Brad, any reason(s) you might have for distracting from the more important pre-planned military set-up facts?

  3. Randy in Pensacola Says:

    OK … so here’s hypothetical scenario to consider some of you may not like – no conspiracy theories necessary.

    The local Waco ATF crew (can’t be a very big field office) receives intel of trouble brewing between the Cossacks & the Bandidos. The intel could be as thin as some informant somewhere in Texas of unknown reliability tells his Agent handler he was in a biker bar & overheard two Cossacks or two Bandidos … or maybe two guys unrelated to either club discussing there was going to be a beatdown at the Waco COCI meeting.

    The local ATF shop solicits Waco PD to help them monitor the situation (not uncommon for Feds to recruit local LEA’s in a situation that may require a lot of manpower) So they set up outside the place. ATF is there to gather intel on who’s wearing colors, who’s associating with who, to identify previously unknown to law enforcement club members, & getting their license plate numbers, etc … so undoubtedly they are photographing & probably video-taping. They probably send a few plainclothes Agents inside Twin Peaks as well. Given the history of 1% bikers being involved in public violence and the intel they have of trouble between the Bandidos & Cossacks, they bring along a Swat team with snipers.

    The Cossacks are already there when the Bandidos pull up & police witness a fight break out in the parking lot. A shot or shots are fired by someone somewhere. Some police think shots are being fired in their direction. (legally doesn’t matter whether they actually were or not … matters whether police “thought” they were) Police snipers open up on anyone in the parking lot who appears to be actively engaged in violence towards another person. (Police can fire in defense of a 3rd person, not just in self-defense) Looks like it was Cossacks doing most of the attacking of Bandidos, given most of the dead were Cossacks.

    Everybody hits the deck shortly after they realize snipers are downing bikers. Police move in to secure the situation. A decision is made by the on-scene commander to haul in anyone in the parking lot wearing 1% colors or who appears to be associated with a known 1% club until they can sort it out.

    The Waco DA is consulted as to how to initially charge the group arrested & after putting their prosecutor heads together comes up with the organized crime conspiracy charge. (they can always change the charge to something else later) The US Attorney Office was probably consulted as well.

    A blanket probable cause statement is provided by one of the Waco Officers to the local JP (a retired State LEO himself) relating the facts as known and/or reported to him by others. The JP issues Warrants of Arrest and sets initial bond at 1 million dollars (at the behest of Waco PD, DA, & ATF, who don’t want to let anyone go till they can sort it out & figure exactly who to charge with what .. plus it give ATF time to gather more intel & possibly roll a new CI from among the arrested.)

    Some of the arrested request bond re-determination hearings …. these are scheduled. The Waco DA & courts can claim exceptional circumstances for any delays in scheduling the re-determination hearings due to the large number of defendants.

    All … perfectly …. “legal.”

  4. Brad Milch Says:


    Are you thinking that the additional bikers not shown covered up in the released photos were taken somewhere away from Twin peaks, executed & slipped into Waco hospitals or morgue as shootout ‘victims’? No wonder Waco’s own Minnie Pearl was thrust upon us as Waco PD spokesman; Kuzin Minnie would NEVER participate in murder of innocent US citizens, would she?

    The stink of this sordid affair is growing unbearable. I’m keeping note on what elected officials sit on their thumbs throughout this entire process. I’m not eligible to vote in the Waco area & surrounding county but I can damn sure do my best to get the Texas Guvnah & Attorney General replaced with my vote & those of my friends also following this farce.

    This is going to make one hell of a creepy movie somewhere down the line.

  5. Randy in Pensacola Says:

    I wouldn’t be so quick to assume (as some are) that every innocent arrested in this debacle is going to be able to successfully sue.

  6. MyronDaMan Says:

    I am curious; with the fusillade of fire and the likely source of it…and now the big sucking vacuum that the local LEOs are stumbling around, trying to fill with chin music….I have to ask, does this drawn out autopsy-pathology scenario  leave all of the fatalities accounted for? Respect to all, Myron

  7. david Says:

    @Brad Milch
    No response necessary from any human. Nature, and nature’s God will take care of the murderers.

  8. Brad Milch Says:

    There is a lot of similarity between what went down in Waco with the bikers killed & arrested to what went down with Bonnie & Clyde in May of 1934. B&C 101 should be mandatory reading for anyone contemplating becoming an independent or club biker.

    It’s more than biker turf; it’s more about law enforcement turf & criminal activity that occurs just about anywhere within the huge state of Texas. Wherever one parks themselves to reside & transport themselves within in Texas is someone’s territory; law & outlaw. This becomes more evident when one utilizes public transportation or walking to get around & they come face to face with criminal scum & ‘the laws’ stopping them to ID them & determine if their presence in public is legitimate or arrestable. It’s been said that before contemplating buying a house & residing in any area simply walk through the neighborhood or use the bus system to learn who your true neighbors are before signing on the dotted line. Check out that house or apartment at night too; neighbors tend to get rowdier & more aggressive at night.

    This is the error the folks who congregated at Twin peaks made: they rode into Waco not thinking about the ‘laws’ & their territory they had entered without an invite. As a result for their disrespect, 9 of them are now dead & gone; their bikes, cars & trucks now in police custody.

    There was a tremendous public backlash after the ambush & murder of Bonnie & Clyde. Thousands attended their separate funerals in Dallas (roughly 90 miles north of Waco). People whined about excessive force & the disregard for due process for decades. Bonnie & Clyde missed all that uproar because they were both dead, just as the Waco victims cannot verbally tell us what happened to them & who took their lives.

    Bottom line: everywhere in Texas is someone in law enforcement’s territory. When the law targets citizens as dangerous criminals, citizens get attacked by ‘the laws’ & die, leaving their family, relatives & friends to deal with the loss while their executioners continue sleeping like babies & stuffing themselves with coffee & pastry & enjoying the privileges that accompany power over citizens.

  9. Brad Milch Says:


    You comments do make a lot of sense & explain a lot of what’s not being discussed in the media:

    (1) No photos of weapons & shell casings around the bodies of the dead bikers. Not all photos of fatalities death locations released.

    (2) No discussion from the coroner on what type of ammo was used to kill the bikers, trajectory analysis, etc.

    (3) No communication with the family, relatives &friends of the murdered bikers & discussion of their intent/efforts to bring murder charges against Waco PD & SWAT (and all other LEO that shot at the fatalities).

    (4) No indication of firing shots into the air to break up a fight or issuance of verbal orders to cease fighting/firing by the killers (what happened to ‘we’ve got you surrounded, drop your weapons & reach for the sky’)?

    (5) Bogus story about Black Widows bikers (non-existent)coming to Waco to seek revenge for the fallen bikers to justify stopping & searching motorists & bikers on the roads of Texas.

    (6) Waco PD spokesman & MSM painting all in attendance at TP as engaging in criminal activity & heavily armed (how man steak knives, forks, beer bottles and wallet chains were counted as weapons?).

    (7) No follow-up & interviews of wounded bikers & TP patrons allegedly stabbed & beaten by rival MC members brawling. No discussion with medical personnel that treated the alleged brawl victims.

    (8) No Justice department Attorney General, FBI or Texas Governor investigations into the shooting, mass arrests & impoundment of the vehicles & their current status.

    (9) No release of security video depicting bikers assaulting Waco PD with weapons.

    Voting POS out of office (where applicable), expressing one’s opinion to elected officials that represent US citizens & seeking decent legal help for those affected by the shooting 9’massacre’)is about all one can legally do after an event like this while not a member of the attack force itself. Do you have any suggestions on ways to respond to this tragedy that does not involve lawlessness & violence plus the probability of being murdered or incarcerated?

  10. david Says:

    @ Brad Milch
    First, the fascist Texas LEGISLATURE passed the catch-all “organized criminal activity” statute, and the Governor signed(enacted)it. “Judge Roy Bean” and his so-called mind-set does not apply. The frigg’n Nazi legislature created this entire fascist ordeal prior to the high-powered military rifles fired by the pigs. The TX legislature, gave the pigs the fascist “law” to enforce. Every thing the German Nazis did was “legal”,
    but everything was not “lawful”.

    Second, Nazi murderers are their true name, not LEO “scoundrels”.

    Third, Waco pigs are not people voted into office. City of Waco city MANAGER hires and fires the po-lice chief and other pigs. The BATF pigs which were present, are also NOT voted into their position.

    And last but not least, whenever Sgt.Swine-ton, the shit spewing pig-dept. “spokesman” opens HIS mouth, you can be assured it ain’t so.

    so Brad, keep voting in the Fourth Reich.

  11. Brad Milch Says:

    We haven’t heard from the wounded people that were hospitalized or the doctors & nurses who treated them. The Waco PD spokesman said on TV these people were stabbed & beaten. We haven’t heard verification of that from the victims or their medical saviors. Had the security video shown bikers shooting at police it would have been released immediately to TV MSM. Once it gets out, I have a feeling some will suspect it’s been monkeyed around with to depict LEO not at fault. That mall in the backdrop of TP & Don Carlos should also have their own store & parking area security videos. Waco PD has had time to wipe cellphone videos confiscated when the bikers & other TP visitors were swept up in the dragnet & arrested. It’s being reported by the media that their requests to interview the arrested are being denied.

    Sounds like the old Judge Roy Bean mindset (‘you got anything to say in your defense before we hang you?’) is sunk in deep within that area of Texas.

    Any day I’m expecting to learn the jailers cut the heads off of all arrested.

    The Aging Rebel impresses me as the best website to stay on top of info as it trickles out. MSM has already dropped this story like it’s a hot piece of charcoal while still hanging onto Ferguson & Baltimore.

  12. Brad Milch Says:

    We haven’t heard from the wounded people that were hospitalized or the doctors & nurses who treated them. The Waco PD spokesman said on TV these people were stabbed & beaten. We haven’t heard verification of that from the victims or their medical assistants. Had the security video shown bikers shooting at police it would have been released immediately to TV MSN. Once it gets out I have a feeling some will suspect it’s been monkeyed around with to depict LAO not at fault. That mall in the backdrop of TP & Don Carlos should also have their own store & parking area security videos. Waco PD has had time to wipe cellphone videos confiscated when the bikers & other TP visitors were swept up in the dragnet & arrested. It’s being reported by the media that their requests to interview the arrested are being denied.

    Any day I’m expecting to learn the jailers cut all those arrested heads off.

    The Aging Rebel impresses me as the best website to stay on top of info as it trickles out. MSM has already dropped this story like it’s a hot piece of charcoal while it can’t quite let go of Ferguson. I’m bookmarking rebel as the place to visit daily to stay on top of this despicable event.

  13. Brad Milch Says:

    The Waco ‘biker massacre’ is a wake up call to Americans & all others that the mind set of Judge Roy Bean’s ‘you got anything to say before we hang you?’ is alive & prospering in Texas law enforcement & subsequent judicial system. What some see as a black ops ‘stunt’ can be pulled on Americans anywhere & any time; a church gathering, a music concert, a basketball game, etc., where an ‘incident’ sets off a chain of events that culminates in multiple deaths, arrests & property seizure. Access to help outside the confinement area (friends, family, legal representation, media interviews)may also be denied to hamper the ‘suspect’s’ ability to respond & get back on their feet awaiting their trial.
    For those not caught up in the nightmare of the judicial system, that want to help the victims severely hampered by incarcerations, can best do so by making their voices immediately heard to those that govern them at city, county, state & federal levels as well as their clergy, civic & civil rights leaders plus the media that supposedly monitors it all with no blinders on.
    The people that murdered the dead bikers who are not dead themselves know who killed who & sleep more peacefully each night that the silent majority remains silent.
    With the ease of contact to just about anyone on this planet possible because of Internet & satellite technology, to do nothing is not only sick & shameful, it’s also sinful.
    When LEO scoundrels are exposed via MSM make a note to self to vote them out of office & take the toy (good people’s lives) away from them.
    Brad Milch

  14. Sieg Says:

    Randy, that form is the same one a shonskie would use to file in a fed court. You CAN do the same thing on any piece of paper, but that’s about as legit as you can get.

    Is it better to have a lawyer? Absolutely. Can everyone afford a lawyer? Absolutely…not.

    These people, some of them, have probably already burned through any little savings they had, trying to stay afloat while the breadwinner is locked-up. Believe it or not, not too many riders make the kind of cake that feddbacon do. Those 100-150K a year gigs? Pretty much you’re gonna find that a lot of the people who were sequestered are more in the range of 25-35K a year. When you get down to those numbers, your access to decent legal work is slim.

    That said, there are probably quite a few lawyers sniffing around, offering to work cheap against the chance of a fat settlement, but those are pretty much going to be bottom-feeders.

    Bottom line, with the soon to be shitstorm coming in Waco, I’m betting that the Western District Federal Court would take any petitions coming from the Zeks in Waco under consideration, and give them a shot at a hearing.

    IF nothing else, as I’ve said before, these people have already screwed the pooch. Barring any huge turn-around in attitude, and major mea culpas coming from the pigs, which I don’t believe is gonna happen, their jobs are gone, DOJ is gonna put them in the barrel with Operation Choke-Point, so even if they own businesses, they won’t have any credit left, they will end-up selling off about everything they own trying to stay solvent, and their neighbors and “friends” will be pretending they don’t see them.

    At the very least they could get the satisfaction of tying up the courts for a good chunk of time. The judges may toss the petition, but they still have to give it a hearing if it’s submitted in substantially correct form.

    The “vast majority” that get dismissed “off the bat” are those that are filed, typically, by inmates, without new cause, or in improper form. In this instance, they are being filed by people that have been demonstrably detained with insufficient probable cause.

    Free the Waco Zeks

  15. david Says:

    @ Brad Milch
    History shows the German Nazi regime was very popular with most Germans of the 1930’s. Members of the “clergy” also, to a man, kissed the National Socialistic Democratic Party, and Adolph’s ass. When two fascist U.S. political parties receive most votes in any election, there is a sure fascist winner in any election. The voting deck is stacked, especially in legislative “contests”, so keep voting to correct the already accomplished MILITARIZATION of all pigs.

    First military SWAT teams in the U.S., LA,California,1968. 47 years long.

  16. Randy in Pensacola Says:

    @ ‘Sieg’ … sure, they’re sometimes successful. The vast majority get dismissed right off the bat. I’d only consider it an option if i was out of options. Trying to work the legal system without a lawyer is kinda like showing up for a gunfight with a pocket-knife. Maybe that’s not right, but that’s the reality.

    From what I’ve been hearing today though sounds like a Houston law firm (Looney & Contrad) met with the McLennan DA just recently & gotten this whole bond thing taken care. The DA’s Office has now agreed to consider more reasonable bonds without special conditions for most.

    The “no sue” agreements were contrived by a local attorney (Brittany Lannen – who, btw, previously worked for the McLennan DA Office.) Her actions in this case have reporedly been referred the Texas Bar for review and possible disciplinary action as the agreements were highly inappropriate (to say the least.)

  17. Ol'LadyRider Says:

    Oh, and surprise of all surprises… my access to online court documents has been denied. Anyone know if actual criminal complaints have been filed against ANY of those detained?

  18. Ol'LadyRider Says:

    Thank you, Sieg.

  19. popeye Says:

    From lawyers representing jailed bikers – Looney and Conrad PC
    Here’s our Media Release as of noon today:
    Earlier today, prosecutors in the Waco District Attorneys office began meeting with defense attorneys for motorcyclists involved in the May 17 shootout at Twin Peaks in order to reach bond conditions and reduction agreements. Paul Looney, Houston attorney with Looney & Conrad, P.C. said he had a productive meeting with Michael Jarrett, First Assistant Prosecutor with the McLennan County District Attorneys office. During that meeting a reasonable bond was agreed to with only minor conditions.
    “My clients were released this morning. We have every expectation that they will be ‘No Billed’ during the Grand Jury process because they are completely innocent of any criminal activity,” Looney said. “The judges in McLennan County and the District Attorney’s office were quite helpful in securing the immediate bond release.”
    It has been determined the District Attorney’s office was not involved in yesterday’s attempt to get defendants to waive their rights of litigation in exchange for bonds. “That entire debacle was orchestrated by McLennan County private attorney Brittany Lannen,” Looney said. “Her behavior in this matter is bizarre, unprofessional, unethical and unappreciated by all of the attorneys representing defendants, by the McLennan County District Attorneys office, and by the McLennan County court staff. Her behavior will be reported to the State Bar of Texas for investigation this week.”

  20. popeye Says:

    I figure to just get the information out there and let everyone decide if they want to read it. double posts hurt nothing.
    2 weeks ago it was Rebel and a few other news sources who had the story straight. Everyday I see more and more main stream news sources picking it up. Its just a matter of time before truth will win out. To all in jail , your families, friends and brothers hang in there the cracks in the cops story are beginning to show. You will all be home soon counting your lawsuit money.

  21. Sieg Says:

    Those “jailhouse lawyer” petitions have gotten more people out than any “real” lawyer will ever admit.

  22. Randy in Pensacola Says:

    Well, good luck with those jaihouse-lawyer Habeas petitions. Federal courts see them & reject them all the time.

    Anybody who has a friend/relative in there …. you need to hire a real lawyer who is already admitted to practice in front of the US District court for the Western District of Texas.

    As to the bail agreements not to sue, it’s a bluff. I’m sure the Waco DA knows they won’t really hold water if legally challenged due to the coercive nature of the agreements & the 8th Amendment issues. But … they’re betting most who will accept the agreements will just go home glad to be out & happy when the charge against them gets subsequently dismissed … seeing as how most haven’t the funds to mount a lawsuit anyways.

    If I were with any of the authorities in Waco who are party to this (PD, DA Office, Public Defender Office) I’d be concerned about involving myself in violations of 18 USC 241 (Conspiracy to violate civil rights)

  23. Sieg Says:

    This is a link to a PDF file of the fed petition for a Writ of Habeus Corpus. This can be filled out on line n printed, or read to a Political Prisoner over the phone. It can be submitted in any form,without penalty. You can write it on a piece of asswipe with a pencil and any federal court will accept it. There is NO fee for a prisoner to file it. Needss to be 170 of these filed.

  24. CH Says:



    Truth is, this type of shit is in the news daily. And ya know it’s just the tip of a very huge iceberg.

    Bet they are working overtime destroying as much evidence as they can in the Banana Republic of Wacko.

    Hey Waco piglettes…I know you read this- Any of you got enough balls to blow the whistle on your scumbag pig brothers?

    Might save ya many sweaty, anally painful nights with your cell mate in the future, when the truth comes out and you get sent up the river.



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