Dallas Criminal Defense Lawyer Clinton Broden Files Lawsuit Related to the incident that occurred at Twin Peaks Restaurant in Waco
The lawsuit names Manuel Chavez, a Waco Police Officer, the City of Waco, Texas and McLennan County, Texas as defendants.
DALLAS, June 1, 2015 /PRNewswire/ -- Today, F. Clinton Broden of the Dallas based criminal defense firm Broden, Mickelsen, Helms & Snipes LLP filed a civil rights lawsuit in the United States District Court for the Western District of Texas based on his client's unconstitutional arrest and detention related to the incident that occurred at Twin Peaks restaurant in Waco, Texas on May 17, 2015. The lawsuit names Manuel Chavez, a Waco Police Officer, the City of Waco, Texas and McLennan County, Texas as defendants. Chavez is accused of signing a "fill in the name" warrant he knew lacked individual probable cause and deceiving the Justice of the Peace who signed the criminal complaint. The City of Waco and McLennan county are accused of "caus[ing] the arrest and detention of numerous individuals...regardless of whether or not there was individualized probable cause to arrest and detain a particular individual."
The lawsuit was filed on behalf of Matthew Alan Clendennen, age 30. Mr. Clendennen graduated from Baylor University in 2011 with a degree in business and finance. He shares custody of two children, ages 8 and 12, with his ex-wife and he lives in Hewitt, Texas with his current wife and their two children, ages 4 and 13. He currently owns his own landscaping business in the Waco area and had six employees prior to his arrest. Before owning that business he served in the fire departments of both Hewitt, Texas and Marlin, Texas and graduated from the fire academy. Mr Clendennen and his family have lived in the McLennan County area his entire life.
Mr. Clendennen is a member of the Scimitar Motorcycle Club and was present on the patio of Twin Peaks on May 17th. When fighting broke out in the parking lot of Twin Peaks, Mr. Clendennen took cover inside the restaurant. During this incident Mr. Clendennen did not engage in any violence whatsoever nor did he encourage any other person to engage in violence.
Mr. Clendennen was arrested on a "fill in the name" criminal complaint and has been incarcerated for almost two weeks on a $1,000,000.00 bond. As a result, Mr. Clendennen's ex-wife has petitioned for full custody of the two children they currently share custody of and Mr. Clendennen is at risk of losing his landscaping business although his father is attempting to run the business in his absence. If Mr. Clendennen loses the business, his employees will be without jobs.
"In order to arrest somebody in the United States, the Supreme Court has made clear that there must be individualized probable cause to believe that a particular person actually committed a crime. In this case, there was absolutely no evidence that Mr. Clendennen committed any crime" said Broden. Broden noted that bond hearings to reduce the $1,000,000 bonds are not being heard until June 5, 2015 and, after consultation with the McLennan County District Attorney's Office, the Justice of Peace has refused to schedule a "probable cause hearing" until August 6, 2015.
Broden observed that "in America we normally do not hold an innocent person in custody for three months before according them a probable cause hearing. From a constitutional perspective, what is occurring in McLennan County is extremely troubling."
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SOURCE Broden, Mickelsen, Helms & Snipes, LLP
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