UNITED STATES DISTRICT COURTWESTERN DISTRICT OF TEXASWACO DIVISIONMATTHEW ALAN CLENDENNEN)CIVIL ACTION NO.)Plaintiff,))v.)15-CV-173)MANUEL CHAVEZ, JANE OR JOHN DOEs)1-10, JANE OR JOHN DOEs 11-20, CITY OF)WACO, and COUNTY OF MCLENNAN))Defendants.) )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 agraduate of Baylor University where he graduated in December 2011 with a degree in business andfinance. 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 individualswho depend upon him for their livlihood. Mr. Clendennen is married and has lived in Hewitt, Texassince his graduation from Baylor University. He and his current wife have one child together andthey maintain custody of his wife’s other child. He is the father of two other small children andshares custody of theses children with his former wife. All of these children depend upon Mr.Clendennen’s income. Mr. Clendennen has no previous criminal record.2.Manuel Chavez (“Chavez”) is a police officer for the Waco Police Department andis being sued in his individual and official capacity. At all times herein described, he was operatingunder 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 PoliceDepartment and are being sued in their individual and official capacities. At all times hereindescribed, they were operating under the color of law.4.Jane or John Does 11-20 (“Does 11-20") are employed by the McLennan CountySheriff’s Department and are being sued in their individual and official capacities. At all timesherein described, they were operating under the color of law5.Defendant City of Waco (“the City”) is a municipal corporation and politicalsubdivision 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, 501Washington Ave., Waco, Texas 76701.
JURISDICTION
7.Jurisdiction over this action exists by reason of the Fourth and FourteenthAmendments to the United States Constitution, 28 U.S.C. §§ 1331, 1343(3) and 1343(4). 8.Plaintiff resides and Plaintiff’s claims arose within the Western District of Texas andMcLennan County.
FACTUAL BACKGROUND
9.Plaintiff Matthew Alan Clendennen was present at the Twin Peaks restaurant (“TwinPeaks”) in Waco, Texas on or about May 17, 2015.10.Plaintiff Matthew Alan Clendennen is a member of the Scimitars Motorcycle Club.2
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11.Plaintiff Matthew Alan Clendennen did not engage in any criminal activity while atTwin Peaks on that day nor did he travel to Twin Peaks on that day with the intent to engage in anycriminal activity nor did he anticipate that any criminal activity would take place.12.Plaintiff Matthew Alan Clendennen has no criminal record and is a recreationalmotorcyclist.13.Plaintiff Matthew Alan Clendennen was on the patio area of Twin Peaks on that daywhen 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 byattempting to hide in a hallway inside Twin Peaks.15.Plaintiff Matthew Alan Clendennen did not engage in any violence at or around TwinPeaks.16.Plaintiff Matthew Alan Clendennen did not encourage or solicit any criminal activityat Twin Peaks that day.17.Plaintiff Matthew Alan Clendennen did not possess any weapons while present atTwin Peaks that day except for a closed Benchmade mini pocket knife given to him as a Christmasgift by his parents in December 2011 and which he has carried regularly since then. That knife never left Mr. Clendennen’s pocket while he was at Twin Peaks.18.Despite the fact that Plaintiff Matthew Alan Clendennen committed no criminal actshe was arrested at Twin Peaks on or about May 17, 2015 without probable cause and his motorcyclewas illegally seized.19.On or about May 18, 2015, Chavez, aided by Does 1-10 and/or Does 11-20, presenteda criminal complaint (the “criminal complaint”) against Plaintiff Matthew Alan Clendennen to3
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