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

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
WACO DIVISION
MATTHEW ALAN CLENDENNEN
Plaintiff,
v.
MANUEL CHAVEZ, JANE OR JOHN DOEs
1-10, JANE OR JOHN DOEs 11-20, CITY OF
WACO, and COUNTY OF MCLENNAN
Defendants.

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CIVIL ACTION NO.

15-CV-173

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,

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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

16.

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

Peaks.

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.
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.

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Respectfully submitted,

/s/F. Clinton Broden

F. Clinton Broden
Tx. Bar 24001495
Broden, Mickelsen, Helms & Snipes, LLP
2600 State Street
Dallas, Texas 75204
214-720-9552
214-720-9594 (facsimile)
Attorney for Plaintiff
Matthew Alan Clendennen