Posted on 09/29/2015 7:07:22 PM PDT by Elderberry
McLennan County commissioners on Tuesday approved paying almost $17,000 toward a liability insurance deductible because of a Twin Peaks-related lawsuit that named the county as a defendant and has since been dismissed.
The court agreed to pay $16,971.87 to its insurance company, the Texas Association of Counties Risk Management Pool, in a case filed by Hewitt biker Matthew Clendennen, who was mong the 177 arrested following the May 17 Twin Peaks shootout that left nine dead and 20 injured. The court also approved a payment Tuesday of more than $1,160 toward its deductible because of an unrelated case that was also dismissed.
Clendennen, the owner of a local landscaping business, claimed in his lawsuit that he was wrongfully jailed and that his business suffered because of his arrest.
Dustin Chapman, the county’s legal counsel, said the county must meet a $50,000 deductible before its risk-management pool coverage kicks in.
County leaders are compiling information to apply for $250,000 to $270,000 from the governor’s County Essential Services Program to help cover costs associated with sheriff’s deputies’ overtime and the housing and feeding of inmates after the Twin Peaks melee.
Chapman and Waco attorney Mike Dixon, who represents McLennan County and its officeholders, said Clendennen’s lawsuit is thus far the only one related to the Twin Peaks shootout that names the county as a defendant.
“We’re cautiously optimstic with what we’ve seen with regards to lawsuits,” Commissioner Ben Perry said. “This was a huge event involving hundreds of people, and I think for me to sit here and tell you we’re not concerned or worried at all is pretty shortsighted.”
County Judge Scott Felton said it’s not uncommon for municipalities and county governments to be sued, and county leaders are aware of that as they handle budget requests.
“Many of them have no basis, but you still have to defend yourself in them,” Felton said. “You still have to show up and be counted.”
Twin Peaks? Care to elaborate for those not following? Thanks
The silence is deafening. It is also interesting that not a single formal charge has been brought.
Over 170 people have had their lives ruined. Totally destroyed. Most of them are clearly not guilty of any crime other than being at Twin Peaks at the wrong time.
How long can they keep the lid on this? Headshake.
On May 17, 2015, in Waco, Texas, a shootout erupted at a Twin Peaks restaurant where members of several motorcycle clubs (MC), including the Bandidos, Cossacks, and allies, had gathered for a regularly scheduled meeting about political rights for motorcyclists.
Police, including a SWAT team, had gathered to monitor them from outside, and opened fire on the bikers after the shootout started. Nine bikers were killed, seven of them members of the Cossacks motorcycle club, while eighteen others were injured.
177 were arrested with 1 million dollars bail for all.
1 million for EACH
The civil suit was dismissed? I didn’t see any coverage on that at all.
And IBTG, of course.
The civil suit was dismissed? I didn’t see any coverage on that at all.
*****************************************************************************************************
OK, I’ve researched it and Clendennen’s attorney “dismissed” it for procedural reasons only. I’m not sure this can be successfully pursued until more information comes out.
EXTRACT FROM ARTICLE:
Clendennen’s attorney, Clint Broden, said he filed a request to dismiss the suit for procedural reasons only. He said he already has amended the original petition once and he wants to amend it again to add Waco Police Chief Brent Stroman as a defendant. Broden said he does not know when the lawsuit will be refiled
Makes sense. Why would anyone accept $16k when $1mil is the target number.
Oh; and IBTG.
PS: I hope they partially fund these lawsuits by deducting the pensions from all those like the AG and the JP for their crimes against law abiding Americans. Fair is fair. They ruined the lives of a lot of good people. It’s only right their lives are ruined as well except they have no one to sue. They need to go flip burgers somewhere if anyone will hire them. I sure wouldn’t.
To be clear, they were outlaw gangs and not your average group of guys just out for a ride, and they were meeting to mediate a feud between themselves and carve up territory, not to civilly discuss motorcycle rights.
Fairly pricey legal defense - $16,000. The case was filed on May 29, and Broden/Clendennen moved to dismiss on July 2nd, before an answer was received by any defendant. The only defendant action on the docket is notice of appearance and motion to extend time to file answer, although it's a safe bet that defendants were working on an answer. The county's answer was due on July 7th.
Note too, the county has to pony up 50 grand/year before insurance kicks in, so whatever case it makes the payments on is irrelevant, if/when the floodgates open.
That the commissioners are nervous about these arrests says that there is something different about these arrests. The city of Waco logs around 6,000 arrests per year, most for property crime, burglary and larceny theft, 500 or so for violent crimes.
See post 12 for brief remarks on the suit and dismissal.
The dismissal was pretty well covered in the news. Broden says he plans to refile it, naming additional defendants as their identities become known.
Civil rights lawsuit dismissed against city, county; plaintiff plans to refile - WacoTrib.com - July 6, 2015
Clendennen's attorney, Clint Broden, said he filed a request to dismiss the suit for procedural reasons only. He said he already has amended the original petition once and he wants to amend it again to add Waco Police Chief Brent Stroman as a defendant. Broden said he does not know when the lawsuit will be refiled."It certainly has nothing to do with the merits of the lawsuit," Broden said. "We just need to add defendants, which we will do at a later date."
Broden's website, wacobikerjustice.com, has a FAQ section that discourages would-be plaintiffs from approaching the issue as a class. In other words, the thought is that a class action lawsuit is not in the best interest of the plaintiffs. I expect about a dozen federal lawsuits. While in principle there could be a hundred of them, most people wisely stay very clear of the legal system - at least not entering it by their own choice.
Grand jury doesn't meet until October (which I know is right at hand). Texas law allows detention without indictment for over half a year. An accusation alone is enough to support detention. In some cases, detention can be mitigated with bail, but bail conditions, including curfew, association limitations, forfeit 4th amendment rights as to search and seizure being supported by warrant, etc. almost always attach to being out on bail.
Here’s hoping this bankrupts this little berg.
Love to see the bikers gain ownership of say the police dept, city hall, and maybe all the city parks in a legal settlement.
Maybe put a few authorities in jail for murder as the cops killed many.
Not dismissed. Withdrawn by Broden. He said he would refile it at a later date. He is going to add some names.
Boss got all up in his face.
How about posting that as a new thread?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.