KWTX By Tommy Witherspoon 4/29/2022
Appeals court reinstates civil rights lawsuits of dozens of bikers arrested in 2015 Twin Peaks shootout
Nearly 90 bikers claim they were falsely arrested after deadly shootout The deadly shootout at the Waco Twin Peaks led to the unprecedented arrest of 177 people. In the end, not a single person was convicted.The 5th U.S. Circuit Court of Appeals has reinstated the lawsuits – at least temporarily – of about 90 bikers arrested in the 2015 Twin Peaks shootout whose civil rights cases were thrown out last year by U.S. District Judge Alan Albright.
A three-judge panel of the federal appeals court reversed Albright’s previous ruling that a grand jury’s indictment of the 90 bikers “served to break the chain of causation” for their false arrest claims and sent the cases back to Albright for further consideration in light of the court’s ruling.
The panel’s complex, 17-page opinion puts the civil rights cases of about 90 bikers back in play and instructs Albright to determine if each defendant has alleged adequate claims that they were falsely arrested after the melee that left nine dead and 20 injured.
By dismissing the suits of the indicted bikers, Albright did so through “a legal erroneous application” of the independent intermediary doctrine, the panel ruled. The doctrine, as interpreted by the 5th Circuit, states that even if an officer makes a false arrest and violates the detainee’s Fourth Amendment rights, the officer will not be liable if the facts supporting the arrest are put before an impartial intermediary, such as a magistrate or a grand jury, and the intermediary finds probable cause.
More:
https://www.kwtx.com/2022/04/29/appeals-court-reinstates-civil-rights-lawsuits-dozens-bikers-arrested-2015-twin-peaks-shootout/
