Sue Waco Now

March 16, 2017

All Posts

Sue Waco Now

Some of the defense attorneys involved in the Waco Twin Peaks case know what they are doing and some of them don’t.

The deadline for filing a false arrest lawsuit against the city, county or any of the conspirators who arranged to have nine score defendants arrested and locked up is Wednesday, May 17, 2017. If your lawyer tells you that the statute of limitations for filing a civil suit for false arrest does not begin until the charges against you are dropped or until you are acquitted, fire him. He is one of the lawyers who doesn’t know what he is doing and you deserve someone who does.

If you do not file a civil rights lawsuit against the City of Waco, McLennan County and any of the federal, state, county or city officials who falsely arrested you, you will forever lose your right to sue them by May 17.

Ku Klux Klan Act

The Aging Rebel is aware that some defense attorneys in this case have misadvised their clients. In one email, a lawyer erroneously advised: “…the statute of limitations does not begin to run until favorable resolution of the charges. For my client, I know the charges are still pending. The prosecutor has refused to dismiss charges so that bonds can be released. She refuses to say she will not present them to the grand jury.  She told me she was never going to do that. Our injury continues and damages continue to rack up until we are free of the charges.” That lawyer is wrong.

The statute which allows those who were detained at the Twin Peaks and falsely arrested at the Waco Convention Center to sue is formally called “Section 1983” and informally called the “Ku Klux Klan Act.” It was part of the Civil Rights Act of 1871. It eventually evolved into a kind of tort liability – particularly to provide a remedy for official abuses like false arrest.

The question of when the statute of limitations for filing a claim of false arrest begins and expires was answered in a split Supreme Court decision titled Andre Wallace, Petitioner v. Kristen Kato et al.  The decision was published on February 21, 2007.

The Case Law

For the benefit of attorneys who may accuse this page of misinforming its readers, their clients, the majority opinion in Wallace begins:

“In January 1994, Chicago police arrested petitioner, a minor, for murder. He was tried and convicted, but the charges were ultimately dropped in April 2002. In April 2003, he filed this suit under 42 U. S. C. §1983 against the city and several of its officers, seeking damages for, inter alia, his unlawful arrest in violation of the Fourth Amendment. The District Court granted respondents summary judgment, and the Seventh Circuit affirmed, ruling that the §1983 suit was time barred because petitioner’s cause of action accrued at the time of his arrest, not when his conviction was later set aside.”

“Held: The statute of limitations upon a §1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process.”

Share

12 Responses to “Sue Waco Now”

  1. rollinnorth Says:

    Required reading for Reyna and crew (and defense attorneys.)

    “(On Tuesday, March 21, 2017) the Supreme Court issued a 6-2 decision in a section 1983 action, Manuel v. City of Joliet, No. 14-9496. The majority held that petitioners may challenge pretrial detention (in addition to arrest) on the ground that it violated the Fourth Amendment.”

    https://www.supremecourt.gov/opinions/16pdf/14-9496_8njq.pdf

    Respect.

  2. Wolfman Says:

    a lot of strange things happen in Wacko

  3. Dutchboy Says:

    Hey! All you gossip whores in the lame-stream media! THIS IS HOW A REAL REPORTER ACTS! I know they teach all about media activism in the so-called journalism schools. What Rebel is doing here is what it looks like in the real world! Hats off to you Rebel, keep up the good work.

  4. Tom Barker Says:

    Oh please don’t tell me that these lawyers would let the statute of limitations run out. I sent one a copy of the paper I sent you to outline a possible argument and never heard back from them.

  5. Desdicado Says:

    This has to be the best case for the “more the merrier!” Spread the word, now is the time to take back what was stolen. Best of luck to all those who are chosing to “STAND”.

  6. Gandalf Says:

    All Detective work is based on the process of elimination. I don’t think the UC or CI would be indicted. (but they might) And I don’t think the UC or CI would sue either. A person not indicted and not filing suit is Suspect. That doesn’t make it true…. But possible.
    Keep your eye on anyone who doesn’t file suit… Then ask yourself why not?

  7. Johnny Rotten Says:

    Give em fuckin hell clint…..
    Th fuckin fucks

    Respects

    Johnny

  8. panamaa Says:

    On the spot and informative as usual… Thank you for all you do Rebel…

    Mucho respects…

  9. Mercyful Fate Says:

    Rebel has put it out there. If you haven’t yet then the time to lawyer up and file is now. Your long overdue payday is coming.

    I sincerely hope this information gets to all clubs, supporters, and bystanders caught up in the Waco injustice system. Every single one is entitled to his (or her) share.

    Hey Reyna, I hope the irony of the mountains of paperwork from all the forthcoming suits that will be coming YOUR way is not lost on you, you fucking douchebag.

    Thank you Rebel for all that you do.

  10. Gandalf Says:

    @ Clint Broden. Your the best Sir! You almost make me wish I’m arrested one day. LOL (NOT) TY for helping my fellow Texans and Americans. RESPECTS 2U

  11. Clint Broden Says:

    That is, in fact, correct. Whether a person has or has not been indicted, any civil rights lawsuit for those falsely arrested in the Twin Peaks incident MUST BE FILED BY May 17, 2017. So far fifteen lawsuits have been filed with thirty-four plaintiffs alleging civil rights violations. The plaintiffs come from a variety of motorcycle clubs. Twelve of the lawsuits, involving thirty-one plaintiffs, have been filed by Don Tittle. I am helping Don coordinate these claims.

    If you have not retained a civil attorney and are interested in pursuing civil rights claims, please contact an attorney ASAP. Don and I will be filing another round next week.

    If you are interested in more information you may go to wacobikerjustice.com

  12. Griz's Gal Says:

    Holy Mother of God. Thank you, Rebel.

    For the record, there is this, too. It’s called ‘Parallel Litigation’, wherein a person can have a civil and criminal case being filed at the same time.

    http://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1426&context=facscholar

    The document is horrendously long, but the pertinent information is luckily found within the first 15 or so pages.

    GG

Leave a Reply