Suing City Hall

June 21, 2016

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Suing City Hall

Last week, the two corrupt Waco cops currently being sued for false arrest in 13 civil rights cases in federal court in Austin begged District Court Judge Sam Sparks to freeze the case until all the state criminal cases associated with the Twin Peaks biker brawl on May 17, 2015 are completed.

The two corrupt Waco cops are retiring Police Chief Brent Stroman and Detective Manuel Chavez. They, along with McLennan County District Attorney Abelino Reyna and “John Doe, an employee of the Texas Department of Public Safety,” are being sued for false arrest. And last week their lawyers, Charlie and Mike from a general practice firm in a Waco shopping center named Haley and Olsen, argued “that a false arrest claim should be stayed until resolution of the criminal charges, as until that time it may be difficult to determine the relation between the two.”

At Judge Sparks direction, Charlie and Mike and Don Tittle, the Dallas lawyer who represents eight of the 13 complainants, filed briefs to explain why the case should proceed or pause and what the implications of those two obvious possibilities might be. At first glance, the most interesting thing about Charlie and Mike’s briefs is that they did not use the word “justice” once. Not once.

Round And Round

The deadly and preventable confrontation in the parking lot of the Twin Peaks restaurant was never about justice. It was about building federal cases against the Bandidos, the Cossacks and the Aryan Circle. The false arrests and imprisonments and the official public pronouncements and the legal legerdemain that followed the brawl weren’t intended to further justice. If Charlie or Mike ever uttered the word “justice” they must have laughed.

Charlie and Mike’s argument to the judge is circular. How can any mere mortal prove that the Waco victims were falsely arrested  until they are tried for the crime for which they were arrested in the first place? And how can they be tried until sometime after, as Abelino Reyna put it, the Waco Police Department completes its forensic analysis of “cellular phone data;” and until sometime after the “social media analysis (in excess of 100,000 pages of communications via social media made by defendants and suspects related to this matter)” that will take an “unknown amount of time to complete” is completed.

In a passage that epitomizes both their prose style and their ignorance of the Latin phrase circulus in probando, Charlie and Mike write “This includes, but is not limited to, assertions that probable cause was lacking because Defendants knew or should have known that Plaintiffs were not part of a criminal street gang and that Defendants knew or should have known that plaintiffs did not conspire to commit a crime – both elements of the crime charged; along with a global assertion that probable cause was lacking because Defendants knew or should have known that Plaintiffs were not engaging in criminal activity. Obviously, a favorable ruling for the Plaintiffs by this Court on any of these matters would impugn the validity of a criminal conviction.”

In his brief Tittle pointed out that: “A party to the civil suit has almost complete control over the criminal cases at issue. District Attorney Reyna operated as a police officer during the initial phases of the case, and was directly involved in the determination of probable cause. On that basis he is being sued, and because of his non-prosecutorial involvement in the initial proceedings does not have immunity…. In this unique case, the timing of the criminal trials lies solely in the hands of Defendant Reyna, who has a personal financial interest in these…cases. This is the ultimate conflict of interest. Defendant Reyna has the sole discretion to speed up the preparation and litigation of the criminal cases, or increase the delay that has existed for more than a year thus far. Additional delay works in Defendant Reyna’s personal best interest because witnesses become more difficult to find and memory fades, which increases the Plaintiffs’ burden of proof in these cases. Notwithstanding the obvious financial interest Reyna has in the outcome of every single criminal case, he has yet to recuse himself.”

The Twin Peaks Ambush

Suing City Hall

There is more at stake here. It will not just be Reyna, Stroman, Chavez and John Doe who make these complainant’s millionaires. Ultimately Waco, McLennan County and the state of Texas will have to pay the bill and there is a two year statute of limitations associated with that.

In order to put their hands in the city, county or state’s pockets, the Waco victims must file something called a “Monell Claim.” The claim is named for a court case titled Monell v. New York City Department of Social Services  and that decision provides the one exception to the common law rule that you can’t sue city hall. Under Monell, you can sue city hall, or the county or the state, if  Reyna, Stroman, Chavez and John Doe acted according to official policy; or according to a long standing practice; or if the city, county or state failed to take reasonable steps to forbid the defendants from framing the complainants; or if the governments allowed scoundrels like Reyna, Chavez, Stroman and John Doe to make up the rules as they went along.

“Plaintiffs must be allowed to conduct discovery with respect to Monell liability issues or their right to bring suit against a  municipality whose unconstitutional policy led to their false arrests will be lost forever,” Tittle wrote. “Plaintiffs cannot simply plead claims against the City of Waco or the County of McLennan in a conclusory manner and then hope to develop specific facts to support these theories once a stay is lifted (presumably years down the road). Specifically, in order to assert a Monell claim, Plaintiffs have to provide plausible, non-conclusory evidence of an official or unofficial policy of a widespread pattern or practice of unconstitutional violations.”

The rub here is statute of limitations on false arrest claims. If the current and future complainants are to sue the city, county and state, they have to do it in the next 11 months. And before they can sue city hall, they must have “evidence of an official or unofficial policy of a widespread pattern or practice of unconstitutional violations.” That’s what Charlie and Mike are really trying to stop. And it is now up to Judge Sparks to decide whether Waco, McLennan County and the state of Texas should be allowed to get away with it.


27 Responses to “Suing City Hall”

  1. Paladin Says:

    Sounds like the defendants in this case and those that inhabit the Texas judicial system are Baylor alumni.


  2. shovelNY Says:

    these fuckers need to pay how many lives did they fuck up for their game?
    i hope the chickens finally come
    home to roost

  3. shovelNY Says:

    just as additional information you can not find a whiff of info about me on the internet and i have never engaged in social media

  4. XYZ Says:

    One possible solution is for employer to simply reject a degree from Baylor. Economically isolate these people (Baylor/Waco) until they decide to rejoin the rest of humanity.

    Shun Waco. Shun Baylor. It’s that simple.

  5. XYZ Says:

    Just reviewed the Waco Chamber video. Fully 1/3 of it is shots of Baylor.

    Many employers may not want to hire Baylor grads.

  6. T Hell Says:

    Kudos Rebel, regardless of the innocence of the Waco arrestees, before reading this it made sense to me that no wrongful arrest suits could logically progress until such time as their guilt or innocence was definitively proven, you have opened my eyes to an entire new train of thought reiterating Reyna (as defendant) controlling the time line of the criminal trials. Brilliant.


  7. BMW Says:

    I think even the most uneducated observer of the most recent Whacko debacle has to question why the LEO have not proceeded with these cases, and why the LEO seem to be blocking the cases that they, themselves filed. If the analysis above is correct, they are blocking those cases in an attempt to shield themselves from the civil liabilities they have created by the false arrest and imprisonment of almost 200 people. However, in a Federal Title 1984 case for violation of civil rights, numerous courts have ruled that official misconduct or coverup tolls the statute of limitations, allowing cases more than ten years in the past…I guess these radical renegade rogues whose secret cabal rules Waco should have gone to a better law school…Bayler ain’t all that!

  8. XYZ Says:

    Yes, T-Hell.

    One of the Defendants in the civil suits solely controls the progress of the criminal cases. And so, the one Defendant in the civil case can forever delay the progress of the criminal cases, which forever delays the civil case against him

    Of course it is unethical as hell…. but seriously, that is where we are.


  9. Gus Says:

    I’ve said it before and I will repeat it now; there will be no justice in Waco. These players have everything they need to protect themselves from true justice.

  10. Meh Says:

    It’s foul but it’s slick. The pigs have group defense down to a science.
    This deserves maximum publicity so more Americans know cops are their enemy even if they are white.

    Nothing is so damning as an accurate account of our corrupt system. Our last line of (legal) defense is good lawyering, but if the pigs freeze discovery they can negate good lawyering.

    Any “civilians” reading this should note the pigs may be coming for bikers today, but they are coming for your guns tomorrow. They they get all your remaining freedom and money. Sleep well.

  11. oceans14 Says:

    Brilliant Rebel

    The total ineptitude shown over this sad affair only points to a lowering of expectations of a true and reasonable outcome,especially for the deceased family’s and collateral victims. Considering it was a totally preventable situation as the LEO had intel and surveillance measure to prevent what can only best be described as heinous crime on there behalf

    To make matters worst there constant stalling and manipulation of evidence tactically reduces defendants rights to a fair and speedy trail its another travesty of justice… But as Rebel rightly points out the statute of limitation plays right into there corrupt hands,the Justice system is death by a thousand cuts it seems.

    Live to RIDE
    ride to Live


  12. TX_Biker Says:

    In the OJ Simpson case, from the time of the Murders in June of 1994 to the start of the trial 6 months passed. The delay in Waco is engineered to benefit the corrupt Waco justice (cough cough) system. I hope all those wrongly accused get rich off the city of Waco. Oh and Rebel thanks for teaching me a new word today “legerdemain”, I will add it to my bag of tricks…..


  13. david Says:

    Great article Rebel, and very good you have the civil case briefs.

    According to L.B. Smith of the Waco-Tribune(June 21),retiring $120,000 a yr.PD Chief Stroman stated, he was “on vacation” in Boston May 17th. and was “unable to get a flight home for nearly TWO days”. IF, this is even true, possibly criminal ring-leader Reyna told him to stay away from Mistake-O while evidence was being destroyed and/or buried under a pile of shit. Or, Stroman WAS in Mistake-O,and is using the “vacation” ploy as his defense in the civil cases. When that don’t work, hope he turns, on Reyna.

    2) Despite the fact the BS, TX Masonic-controlled judiciary, not the po-lice, handles prosecutions, the Trib. reporter wrote,” he(Stroman) is confident in the ability of the remaining police ‘officials’to handle the TP case in the future.”
    Begs the question, who’s really in charge of the cover-up, the pigs, Reyna, the AG,or no single person just one large cluster-fuck?

    3) Last, yet definitely not least, everyone should be asking why every defense attorney in all the many criminal “engaging in organized criminal activity” cases have not moved for dismissal based on the un-constitutional felony arrest warrants issued by Reyna puppet JP Peterson authorized to issue ONLY misdemeanor warrants.
    Major issue of law, conveniently unchallenged by so-called defense attorneys.

  14. Fr. Abraham Says:

    There’s always another option. It ain’t the one they taught us in Sunday School, but it’s an option.

  15. Gandalf Says:

    If the Waco PD Chief was in Boston on May 17th…. KNOWING the Meeting was on Sunday May 17th… and KNOWING the Intel and “danger.” HE OBVIOUSLY was in Boston on purpose. Maybe He didn’t like the Idea of arresting 200 innocent Texans. Leaving Reyna to call the shots at the Convention Center. Hmmmm????
    I’m checking out WHY He was in Boston…. How far in advance was this trip planned?

  16. mark larson Says:

    who the hell thought it was a good idea to let the police conduct internal investigations? there have got to be civilians sitting in on reviews where police are accused of misconduct. Oh ,and by the way who the hell thinks it is a good idea to have high speed chases while there is a helicopter in the air?

  17. xplor Says:

     Chief Stroman  was visiting his daughter in Boston . If he was involved in the plot he sure didn’t want to be part of it.
    Who was the showrunner ?
    Was this a case of life imitating a tv show?

  18. XYZ Says:

    I can’t help seeing parallels between Baylor University’s tragic self-destruction, and what happen with LEO at Twin Peaks. Both are institutions that have lost lost their way and have lost sight of their respective missions.

    At Baylor, football became a religion.
    At Waco, the enforcement of law became a religion.

    Re-listen to Swanton’s first few post-incident “press conferences”. Those are sermons.

    “…but he went on to describe the usual markers for a religion: That it centers on an ultimate concern, fosters communalism and offers ceremonial reinforcement. In bringing to mind the “rites, sacrifices and glorifications” of the game in a place like Texas…”

  19. XYZ Says:

    Waco Police “Public Information Officer” Swanton’s comment subsequent to the 13th Federal lawsuit, and, the lifting of the gag order –

    “We don’t comment on the rhetoric defense attorneys use trying to protect their clients who have been arrested for criminal offenses,” Swanton said.

    That is a gem.

  20. popeye Says:

    Mcclennan county cops team up with homeland security to arrest prostitutes. Sure makes me feel more secure.

    These guys will do anything to get on TV

  21. NCRider Says:

    popeye – Right on. LOL. Prostitution is a bigger threat for people than the street gangs robbing and killing people. McLennan County is on a planet of their own. How is Prostitution connected to Homeland Security anyhow? Is there anybody in the real world paying attention to these one horse town idiots???



  22. xplor Says:

    Judge Sam Sparks will have his work cut out for him. Waco is represented by a big law firm that gets paid by billable hours. The bikers have personal injury lawyers that only get paid when they win.
    The Waco team of Haley and Olsen will try to stall. The bikers will have to prove the facts.

  23. Gandalf Says:

    Prostitution, Homeland Security, Craigslist Ho’s, Sex Slaves from Mexico (any Illegal blowin guys at the titty bar) are Big News Getters. It is also an opportunity to bust people without lawyers and bail $ and to gain “favors” from NOT prosecuting the Hot Shot “Good O’l Boys” soliciting. Easy Waco Math.

  24. XYZ Says:

    Three more women join Title IX lawsuit against Baylor

    In February 2006, Doe 5 was told by Waco police an investigation would not happen because too much time had passed, the lawsuit states. She gave a written report to police days later and did not hear back, according to the lawsuit.

    After reporting to a professor, Doe 6 also reported to a physician, whose examination “confirmed that forcible sexual incident had occurred,” the lawsuit says.

    She then reported to Baylor police, but police refused to take a report, the lawsuit says, and she was not informed of any accommodations available from the university.

    “In June 2013, Jane Doe 6 sent a letter to the university president regarding the mistreatment of her sexual assault report, but no response was received,” the lawsuit states.

  25. david Says:

    Monkey-Boy Reyna, via Haley and Olsen, is digging his burial hole deeper in his attempt to freeze the civil cases in which he, is one of the named Defendants.

    Reyna’s argument in favor of the freeze, “that a claim for false arrest should be stayed until resolution of the criminal charges, as until that time it MAY(not will) be difficult to determine the relation between the two”, is over the top absurd for the following substantive reasons:

    1) The use of the word “may” instead of the word “will” pertains to a possible but not guaranteed future event. Monkey-Boy’s defense attorneys are about as law clueless as Monkey-Boy, but nothing stops the criminals.

    2) The dismissal of ALL criminal charges(read:demands for money as a business practice) against the attendees of a political meeting WILL take place when the criminal defense attorneys quit milking their clients of money when they file “Motions to Dismiss For Lack Of Lawful Arrest Warrants”, resolving the Felony “charges” in favor of the attendees.

    a) Justice Of the Peace Peterson, who issued the invalid warrants, lacked Texas constitutional authority to issue felony arrest warrants. See: Texas Constitution

    Attorney Tittle should be pointing out points #2 and #2(a)to his personal friend Broden handling Monkey-Boy’s BS criminal case.

  26. xplor Says:

    All Abel Reyna has to do is stall until 12-31-2018 Then it’some one elses problem.

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