Case 6:15-cv Document 1 Filed 05/29/15 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION

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1 Case 6:15-cv Document 1 Filed 05/29/15 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN 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 wife s 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. Clendennen s 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,

2 Case 6:15-cv Document 1 Filed 05/29/15 Page 2 of 9 Texas 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 ( Does 11-20") are employed by the McLennan County Sheriff s 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 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 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 Plaintiff s 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, Plaintiff Matthew Alan Clendennen is a member of the Scimitars Motorcycle Club. 2

3 Case 6:15-cv Document 1 Filed 05/29/15 Page 3 of 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. Clendennen s 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 3

4 Case 6:15-cv Document 1 Filed 05/29/15 Page 4 of 9 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 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 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. 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 (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 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 retrained. 27. Chavez, aided by Does 1-10 and/or Does 11-20, presented the criminal complaint to 4

5 Case 6:15-cv Document 1 Filed 05/29/15 Page 5 of 9 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 participated in preparation of the criminal complaint and/or assisted in its presentation to Peterson. 30. Does 1-10 and Does illegally seized Mr. Clendennen s 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 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 (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 Department s 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 5

6 Case 6:15-cv Document 1 Filed 05/29/15 Page 6 of 9 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 Department s policies, customs, and practices and have actual or constructive notice of the inadequate supervision and training of Does 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. 6

7 Case 6:15-cv Document 1 Filed 05/29/15 Page 7 of 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 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 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 7

8 Case 6:15-cv Document 1 Filed 05/29/15 Page 8 of 9 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. 48. As a proximate result of Defendants actions, Plaintiff Matthew Alan Clendennen suffered damage to his reputation and will continue to suffer damage to his reputation in the future. 49. As a proximate result of Defendants actions, Plaintiff Matthew Alan Clendennen 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. 8

9 Case 6:15-cv Document 1 Filed 05/29/15 Page 9 of 9 Respectfully submitted, /s/f. Clinton Broden F. Clinton Broden Tx. Bar Broden, Mickelsen, Helms & Snipes, LLP 2600 State Street Dallas, Texas (facsimile) Attorney for Plaintiff Matthew Alan Clendennen 9

10 Case 6:15-cv Document 1-1 Filed 05/29/15 Page 1 of 4 ATTACHMENT A

11 May, : Case 11PM 6:15-cv Document 1-1 Filed 05/29/15 Page No, of 4 P. 3 THE STATE OF TEXAS COUNTY OF MCLENNAN DOCKET# COURT: JP COURT PRECINCT 1 PLACE 2 COMPLAINT {Articles & 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.

12 Ma y, : 11 Case PM 6:15-cv Document 1-1 Filed 05/29/15 Page No, of 4P. 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

13 May, : 11PM Case 6:15-cv Document 1-1 Filed 05/29/15 Page No, of 4p, 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 FINE, Money Order/Cashiers Check ONLY, Bond to be set at Arraignment by Magistrate RELEAS~ 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/<'z that Mc.Hl..e;v A)eJ., ap l'~ jhe said County and Stale, on or about the -.i2tj day of ~, 20LL did then and there unlawfully commit the offense of - 01' 4 I' l C",,l "l" " ~ "'/ 4e- ;'.I,'" - F 1. YOU ARE HEREBY COMMANDED to take the body of said MaIJA,/N ~Io.. {V8 '14n ~k forthwith, and bring him/her before said Justice of the Peace. al the Court House In WACO, In said County, then and. there to answer the aforesaid complaint, and to be further dealt with according to law, HEREIN FAIL NOT, but have you Ihen and there this Warrant with your endorsement thereon, showing how you have executed the same, GIVEN UNDER my official hand, this /~day of /nlll A,D. 20 /~ ; W, H, (PET ) PETERSON JUSTICE OF THE PEACE, PRECINCT 1, PLACE. 2 McLennan County, Texas