Author Topic: Judge says Twin Peaks civil lawsuits can proceed  (Read 990 times)

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Online Elderberry

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Judge says Twin Peaks civil lawsuits can proceed
« on: December 04, 2018, 03:36:49 pm »
Waco Trib 11/30/2018 By TOMMY WITHERSPOON

A federal judge lifted a stay Friday in the civil rights lawsuits filed by more than 100 bikers arrested after the 2015 Twin Peaks shootout in Waco and said the lawsuits can proceed.

U.S. District Judge Alan Albright’s ruling during a 40-minute teleconference with attorneys in the cases does not include the two dozen bikers with pending criminal cases in McLennan County, only those with civil suits pending whose criminal cases have been dismissed or those who were never indicted.

The lawsuits allege McLennan County, city of Waco and state officials violated the plaintiffs’ civil rights by wrongfully arresting the bikers en masse and without probable cause after the May 2015 shootout at the former Twin Peaks restaurant that left nine bikers dead and 20 wounded. About 200 bikers were arrested and 155 initially were indicted on identical engaging in organized criminal activity cases.

The bulk of those criminal cases were dismissed after McLennan County District Attorney Abel Reyna was defeated by Barry Johnson in the March Republican primary.

The lawsuits were filed in Travis County, where Senior U.S. District Judge Sam Sparks had issued a stay on the civil proceedings while state and federal criminal cases against leaders of the Bandidos motorcycle group were being played out in Waco and San Antonio.

More: https://www.wacotrib.com/news/courts_and_trials/judge-says-twin-peaks-civil-lawsuits-can-proceed/article_4e369e46-f720-5daa-8fc8-07ac41debacf.html

Offline Sanguine

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Re: Judge says Twin Peaks civil lawsuits can proceed
« Reply #1 on: December 04, 2018, 03:54:37 pm »
I don't see how at least some of these cases can't win.

Online Elderberry

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Re: Judge says Twin Peaks civil lawsuits can proceed
« Reply #2 on: December 04, 2018, 04:11:52 pm »
Quote
Besides McLennan County, Reyna and the city of Waco, other defendants include former Waco Police Chief Brent Stroman; Waco Detective Manuel Chavez; Waco police officials Robert Lanning, Jeffrey Rogers and Patrick Swanton; and Department of Public Safety officials Steven Schwartz and Christopher Frost.

One of the suits also names Peaktastic Beverage, which held Twin Peaks’ liquor license; Front Burner Restaurants, the former franchise holder; and Twin Restaurant Investment Co., the restaurant chain owner.

Offline Sanguine

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Re: Judge says Twin Peaks civil lawsuits can proceed
« Reply #3 on: December 04, 2018, 04:26:06 pm »
I wonder what wrongdoing they are accusing the restaurant  of doing?

Offline Cyber Liberty

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Re: Judge says Twin Peaks civil lawsuits can proceed
« Reply #4 on: December 04, 2018, 06:30:00 pm »
I wonder what wrongdoing they are accusing the restaurant  of doing?

It could be the restaurant tipped off the Police in advance of the meeting?
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Online Elderberry

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Re: Judge says Twin Peaks civil lawsuits can proceed
« Reply #5 on: December 04, 2018, 07:00:37 pm »
@Sanguine

Waco Twin Peaks customers file lawsuit against franchisee, franchisor
Monday, August 24th 2015, 6:55 pm CST
By Estephany Escobar

http://www.kxxv.com/story/29869967/waco-twin-peaks-customers-file-lawsuit-against-franchisee-franchisor

Quote
The two witnesses are the first customers to file suit, alleging their negligence, caused their injuries.

"When bullets began flying, plaintiffs were trapped inside defendants' property and forced to avoid being shot. Plaintiffs suffered personal injuries, including cuts, bruises and abrasions. Plaintiffs also suffered damage to personal property and significant emotional trauma,” according to the lawsuit.

Their attorney Hamilton Lindley of the Waco law firm Dunnam & Dunnam said his two clients were not able to sleep for days or react to everyday life, which led to them missing several days of work after the incident.

Lindley said his two clients identified as M.K.H and C.R.H didn’t disclose their names out of safety concerns because one of them was contacted by a biker. The attorney declined to elaborate on the details of the conversation.

The two plaintiffs requested a jury trial and monetary relief. The lawsuit states plaintiffs seek up to $500,000 to $1 million. Lindley said that amount was added as part of changes to the Civil Rule Procedure that requires attorneys to plea to a certain level of damages. However, he said the monetary relief sought will be evaluated once discovery occurs.

The lawsuit claims “in defiance of repeated law enforcement warnings, Twin Peaks invited rival biker gangs to its Waco restaurant on May 17, 2015. Predictably, these rival gangs— fueled by Twin Peaks’ alcohol began fighting. Nine people were killed and more than 18 injured as a result of the gross negligence of the defendants.”

"They were warned specifically about this particular event and they kept on allowing it to happen. Now they claim that somehow they didn't realize that a match would start a fire, that they had no idea this would happen,” said Lindley.

The lawsuit also claims they should’ve hired additional security and followed the advice of Waco Police concerning canceling the reservation.

These are the first two to sue the restaurant. There may be more.
« Last Edit: December 04, 2018, 07:02:05 pm by Elderberry »

Offline Sanguine

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Re: Judge says Twin Peaks civil lawsuits can proceed
« Reply #6 on: December 04, 2018, 07:24:16 pm »
@Sanguine

Waco Twin Peaks customers file lawsuit against franchisee, franchisor
Monday, August 24th 2015, 6:55 pm CST
By Estephany Escobar

http://www.kxxv.com/story/29869967/waco-twin-peaks-customers-file-lawsuit-against-franchisee-franchisor

These are the first two to sue the restaurant. There may be more.

That explains it.