Alan Clendennen Lawsuit on Waco Biker Arrests

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF TEXAS

WACO DIVISION

MATTHEW ALAN CLENDENNEN ) CIVIL ACTION NO.)

Plaintiff, ))

v. ) 15-CV-173)

MANUEL CHAVEZ, JANE OR JOHN DOEs )1-10, JANE OR JOHN DOEs 11-20, CITY OF )WACO, and COUNTY OF MCLENNAN )

)Defendants. )

)

COMPLAINT & JURY DEMAND

Matthew Alan Clendennen, complaining of the Defendants states:

1. Plaintiff Matthew Alan Clendennen is a resident of Waco County, Texas. He is a

graduate of Baylor University where he graduated in December 2011 with a degree in business and

finance. He is a former member of the fire departments in both Hewitt, Texas and Marlin, Texas.

He is the owner and manager of a local business where he employs approximately six individuals

who depend upon him for their livlihood. Mr. Clendennen is married and has lived in Hewitt, Texas

since his graduation from Baylor University. He and his current wife have one child together and

they maintain custody of his wifes other child. He is the father of two other small children and

shares custody of theses children with his former wife. All of these children depend upon Mr.

Clendennens income. Mr. Clendennen has no previous criminal record.

2. Manuel Chavez (Chavez) is a police officer for the Waco Police Department and

is being sued in his individual and official capacity. At all times herein described, he was operating

under the color of law. He may be served with process by serving him at 3115 Pine Ave., Waco,

Case 6:15-cv-00173 Document 1 Filed 05/29/15 Page 1 of 9

Texas 76708.

3. Jane or John Does 1-10 (Does 1-10") are police officers for the Waco Police

Department and are being sued in their individual and official capacities. At all times herein

described, they were operating under the color of law.

4. Jane or John Does 11-20 (Does 11-20") are employed by the McLennan County

Sheriffs Department and are being sued in their individual and official capacities. At all times

herein described, they were operating under the color of law

5. Defendant City of Waco (the City) is a municipal corporation and political

subdivision of the State of Texas. It may be served with process by serving its City Secretary,

Esmeralda Hudson, at 300 Austin Avenue, Waco, Texas 76702-2570.

6. Defendant County of McLennan (the County) is a County in the State of Texas.

It may be served with process by serving County Judge Scott Felton, Commissioners Court, 501

Washington Ave., Waco, Texas 76701.

JURISDICTION

7. Jurisdiction over this action exists by reason of the Fourth and Fourteenth

Amendments to the United States Constitution, 28 U.S.C. 1331, 1343(3) and 1343(4).

8. Plaintiff resides and Plaintiffs claims arose within the Western District of Texas and

McLennan County.

FACTUAL BACKGROUND

9. Plaintiff Matthew Alan Clendennen was present at the Twin Peaks restaurant (Twin

Peaks) in Waco, Texas on or about May 17, 2015.

10. Plaintiff Matthew Alan Clendennen is a member of the Scimitars Motorcycle Club.

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11. Plaintiff Matthew Alan Clendennen did not engage in any criminal activity while at

Twin Peaks on that day 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.

12. Plaintiff Matthew Alan Clendennen has no criminal record and is a recreational

motorcyclist.

13. Plaintiff Matthew Alan Clendennen 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.

14. At the time the violence erupted, Plaintiff Matthew Alan Clendennen took cover by

attempting to hide in a hallway inside Twin Peaks.

15. Plaintiff Matthew Alan Clendennen did not engage in any violence at or around Twin

Peaks.

16. Plaintiff Matthew Alan Clendennen did not encourage or solicit any criminal activity

at Twin Peaks that day.

17. Plaintiff Matthew Alan Clendennen 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. Clendennens pocket while he was at Twin Peaks.

18. 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.

19. On or about May 18, 2015, Chavez, aided by Does 1-10 and/or Does 11-20, presented

a criminal complaint (the criminal complaint) against Plaintiff Matthew Alan Clendennen to

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Justice of the Peace Walter H. "Pete" Peterson (Peterson).

20. The criminal complaint alleges that Plaintiff Matthew Alan Clendennen committed

the capital offense of engaging in organized criminal activity and is attached hereto as Attachment

A.

21. It is believed that Peterson was chosen by Chavez, Does 1-10 and Does 11-20 because

he is a former Texas Department of Public Safety Trooper with no formal legal training.

22. Upon information and belief the identical criminal complaint used in Plaintiff

Matthew Alan Clendennens case was used to justify the arrest of more than 100 other individuals

and only the names were changed in the various criminal complaints.

23. The complaint alleges absolutely no individualize probable cause to establish that

Plaintiff Matthew Alan Clendennen engaged in organized criminal activity.

24. Moreover, Chavez, aided by Does 1-10 and/or Does 11-20, failed to inform Peterson

that Plaintiff Matthew Alan Clendennen was not a member of the Cossacks nor the Bandidos and

that he did not participate in any of the violence occurring at Twin Peaks but instead hid from the

violence..

FIRST CAUSE OF ACTION - 42 U.S.C. 1983 (Chavez, Does 1-10, Does 11-20)

25. Plaintiff Matthew Alan Clendennen incorporates the foregoing allegations in

paragraphs 1-24 of his Complaint as if fully set forth herein and made a part hereof.

26. At the time of Plaintiff Matthew Alan Clendennens arrest, the Fourth and Fifth

Amendments of the United States Constitution required probable cause to arrest a citizen before the

citizens liberty could be significantly retrained.

27. Chavez, aided by Does 1-10 and/or Does 11-20, presented the criminal complaint to

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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.

28. 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.

29. Does 1-10 and Does 11-20 participated in preparation of the criminal complaint

and/or assisted in its presentation to Peterson.

30. Does 1-10 and Does 11-20 illegally seized Mr. Clendennens motorcyle.

31. As a direct proximate result of the above-described actions of Defendants Chavez,

Does 1-10 and Does 11-20, Plaintiff Matthew Alan Clendennen was deprived of his rights as

guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and 42

U.S.C. 1983.

32. As a direct and proximate result of the above-described actions of Defendants

Chavez, Does 1-10 and Does 11-20, Plaintiff Matthew Alan Clendennen suffered damages.

SECOND CAUSE OF ACTION - 42 U.S.C. 1983 (City of Waco, County of McLennan)

33. Plaintiff Matthew Alan Clendennen incorporates the foregoing allegations in

paragraphs 1-32 of his Complaint as if fully set forth herein and made a part hereof.

34. The City of Waco is the final policymaker for the Waco Police Departments policies,

customs, and practices and had actual or constructive notice of the inadequate supervision and

training of Chavez and Does 1-10 which, in reasonable probability, caused the incidents that form

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the basis of this Complaint.

35. It was the policy of the City of Waco, as decided and approved by their policymakers,

to cause the arrest and detention of numerous individuals belonging to motorcycle clubs who were

in or around the Twin Peaks restaurant at the time of the incident, regardless of whether or not there

was individualized probable cause to arrest and detain a particular individual and to do so based on

fill in the name complaints without individualized facts. This policy was carried out repeatedly,

and as a result, over 170 people were arrested and detained, with each one of those persons given the

identical $1 million bond, with no regard to their individual situation.

36. 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.

37. The County of McLennan is the final policymaker for the McLennan County Sheriff

Departments policies, customs, and practices and have actual or constructive notice of the

inadequate supervision and training of Does 11-20 which, in reasonable probability, caused the

incidents that form the basis of this Complaint.

38. It was the policy of the County of McLennan, as decided and approved by their

policymakers, to cause the arrest and detention of numerous individuals belonging to motorcycle

clubs who were in or around the Twin Peaks restaurant at the time of the incident, regardless of

whether or not there was individualized probable cause to arrest and detain a particular individual

and to do so based on fill in the name complaints without individualized facts. This policy was

carried out repeatedly, and as a result, over 170 people were arrested and detained, with each one of

those persons given the identical $1 million bond, with no regard to their individual situation.

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39. It was also the policy of the County of McLennan, 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.

40. The failure to train and supervise Chavez and Does 1-10 by the City of Waco and/or

the decisions of its policymakers to arrest numerous individuals without individualized probable

cause and to seize vehicles was a direct cause of the incidents that form the basis of this Complaint.

41. The failure to train and supervise Does 11-20 by the County of McLennan and/or the

decisions of its policymakers to arrest numerous individuals without individualized probable cause

and to seize vehicles was a direct cause of the incidents that form the basis of this Complaint.

42. As a direct and proximate result of the above-described actions of Defendants City

of Waco and County of McLennan, Plaintiff Matthew Alan Clendennen was deprived of his rights

as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and 42

U.S.C. 1983.

43. As a direct and proximate result of the above-described actions of Defendants City

of Waco and County of McLennan, Plaintiff Matthew Alan Clendennen suffered damages.

DAMAGES

44. As a proximate result of Defendants actions, Plaintiff Matthew Alan Clendennen was

required to retain the services of a criminal defense lawyer to represent him in State v. Matthew

Clendennen.

45. As a proximate result of Defendants actions, Plaintiff Matthew Alan Clendennen has

suffered lost income and will suffer from a loss of earning capacity in the future.

46. As a proximate result of Defendants actions, Plaintiff Matthew Alan Clendennen has

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been put in jeopardy of losing custody of two of his children.

47. As a proximate result of Defendants actions, Plaintiff Matthew Alan Clendennen

suffered mental pain and anguish and will continue to suffer the same in the future.


suffered damage to his reputation and will continue to suffer damage to his reputation in the future.


suffered the loss of use of his motorcycle.

JURY DEMAND

50. Plaintiff Matthew Alan Clendennen demands a trial by jury and tenders herewith the

appropriate jury fee.

PRAYER

WHEREFORE PREMISES CONSIDERED, Plaintiff Matthew Alan Clendennen prays that

upon final trial he recover a judgment against Defendants for:

(a) actual damages;

(b) pre-judgment and post-judgment interest as provided by law;

(c) interest at the highest rate allowed by law;

(d) exemplary damages;

(e) cost of suit;

(f) attorneys fees pursuant to 42 U.S.C. 1988; and

(g) for such other and further relief to which Plaintiff may be justly entitled.

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Respectfully submitted,

/s/F. Clinton Broden F. Clinton BrodenTx. Bar 24001495Broden, Mickelsen, Helms & Snipes, LLP2600 State StreetDallas, Texas 75204214-720-9552214-720-9594 (facsimile)

Attorney for Plaintiff

Matthew Alan Clendennen

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ATTACHMENT A

Case 6:15-cv-00173 Document 1-1 Filed 05/29/15 Page 1 of 4

May, 21. 201 5 3: 11PM

THE STATE OF TEXAS

COUNTY OF MCLENNAN

No,5026 P. 3

DOCKET# ____________ __

COURT: JP COURT PRECINCT 1 PLACE 2

COMPLAINT {Articles 15.04 & 15.05, Texas Code of Criminal Procedure}

BEFORE ME, THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED THE AFFIANT HEREIN, A PEACE OFFICER UNDER THE LAWS OF TEXAS, WHO, BEING DULY SWORN, ON OATH MADE THE FOlLOWING STATEMENTS AND ACCUSATIONS:

My name is MANUEL CHAVEZ and I am commissioned as a peace officer with the City of Waco by The Stale of Texas. J hereby state upon my oath that I have reason to believe and do believe th~t heretofore, and before the makin~ and filing of this Complaint, that o~!,Jlb~ut May 17,2015, In McLennan County, Texas, the sald(J/endenm~/11a+I..euJlIh(l $~I9-11!S'dld then and there, as a member of a criminal street gang, commit or conspire to commit murder, capital murder, 01' aggravated assault, against the laws of the State.

My probable cause for said belief and accusation is as follows:

Three or more members and associates of the Cossacks Motorcycle Club (Cossacks) were in the parking lot of the Twin Peaks restaurant in Waco, McLennan County Texas. Three or more members and associates of the Bandidos Motorcycle Club (Bandidos) arrived in the parking lot of the Twin Peaks restaurant and engaged in an altercation with the members and associates of the Cossacks. During the course of the altercation, members and associates of the Cossacks and Bandidos brandished and used firearms, knives or other unknown edged weapons, batons, clubs, brass knuckles, and other weapons. The weapons were used to threaten and/or assault the opposing factions, Cossacks and Bandidos discharged firearms at one another. Members of the Waco Police Department attempted to stop the altercation and were fired upon by Bandidos and/or Cossacks, Waco PoHce Officers returned nre, striking mUltiple gang members. During the exchange of gunfire, multiple persons where shot, Nine people died as a result of the shooting between the members of the biker gangs. Multiple other people were injured as a result of the altercation. The members and associates of the Cossacks and Bandidos were wearing common identifying distinctive signs or symbols andlor had an identifiable leadership andlor continuously or regularly associate in the commission of criminal activities. The Texas Department of Public Safety maintains a database containing infonnation identifying the Cossacks and their associates as a criminal street gang and the Bandidos and their associates as a criminal street gang.


Ma y, 21. 20 15 3: 11 PM No,5026 P. 4

After the altercation, the subject was apprehended at the scene, while wearing common identifying distinctive signs or symbols or had an identifiable leadership or continuously or regularly associate in the commission of criminal activities,

After the altercation, fireanns, knives or other unknown edged weapons, batons, clubs, brass knuckles, and olher weapons were recovered from members and associates of both criminal street gangs.

Multiple motorcyc;:leswith common identifying signs or symbols of the Cossacks and Bandidos and their associates were recovered at the scene. Additional weapons including: fireanns, ammunition, knives, brass knuckles, and other weapons were found on the motorcycles.

~ Complainant SWORN TO AND SUBSCRIBED BEFORE ME BY SAID AFFIANT/COMPLAINANT ON THlS tHE ..jL7'I6A Y OF , ~,

ruSTIC OF THE PEACE MCLENNAN COUNTY, TEXAS


May,21. 2015 3: 11PM No, 5026 p, 2

No 05' 11 ~ - US THE ST"TE OF J.EXA VS. tfAa,tthN lJa'1 (~ltclr"l1.ql1 RIS: i&t.1& DOB:~:-,al ~r' __ Case#~ 1/1/1

Came 10 hand on the .LX day of Zn ~ ,20 IS and executed on the ~ day of 2r! ~ , 20 IS' By arresting the within named defendant and

BY ..,JL ~

PRECINCT 1, PLACE 2, Mclennan County, Tex8s RELEAS~ __

FINE, Money Order/Cashiers Check ONLY, Bond to be set at Arraignment by Magistrate TOTAL

THE STATE OF TEXAS To any 5heriff or any other Peace Officer of TexIB Greeting:

WHEREAS, complaint In writing has been flied before the undersigned Justice of the Peace, in and for PRECINCT 1, PLACE 2 of said County on lhe oath of /A.p ~ .te ( CAAi/

Alan Clendennen Lawsuit on Waco Biker Arrests

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