TERWILLIGER v. REYNA

No. 19-50888 consolidated with Nos. 19-50909, 19-50910, 19-51029, 20-50032, 20-50276.

4 F.4th 270 (2021)

Bradley TERWILLIGER; Benjamin Matcek; Jimmy Dan Smith, Plaintiffs-Appellees, v. Abelino REYNA, in his individual capacity; Brent Stroman, in his individual capacity; Manuel Chavez, in his individual capacity; Robert Lanning, in his individual capacity; Jeffrey Rogers, in his individual capacity, Defendants-Appellants. Ester Weaver; Walter Weaver; Sandra Lynch; Michael Lynch; Julie Perkins; Justin Waddington, Plaintiffs-Appellees, v. Abelino Reyna, Elected District Attorney for McLennan County, Texas, in his individual capacity; Brent Stroman, Chief of Police for the Waco Police Department, in his individual capacity; Manuel Chavez, Waco Police Department Detective, in his individual capacity; Robert Lanning, in his Individual capacity; Det. Jeffrey Rogers, in his Individual capacity, Defendants-Appellants. Daryle Walker; Michael Woods; Don Fowler; David Cepeda; Kevin Rash; Richard Kreder; Greg Corrales; Bobby Joe Samford; Jimmy Spencer, Jr.; Craig Rodahl; Arley Harris, III; Richard Dauley, Plaintiffs-Appellees, v. Abelino "Abel" Reyna, Elected District Attorney for McLennan County, Texas, in his individual capacity, Defendant-Appellant. Daryle Walker; Michael Woods; Don Fowler; David Cepeda; Kevin Rash; Richard Kreder; Greg Corrales; Bobby Joe Samford; Jimmy Spencer, Jr.; Craig Rodahl; Arley Harris, III; Richard Dauley, Plaintiffs-Appellees, v. Brent Stroman, Chief of Police for the Waco Police Department, in his individual capacity; Manuel Chavez, Waco Police Department Detective, in his individual capacity; Robert Lanning, in his individual Capacity; Jeffrey Rogers, in his individual capacity, Defendants-Appellants. Christopher Eaton; Owen Bartlett; James Venable, Plaintiffs-Appellees, v. Chief Brent Stroman, in his individual capacity; Detective Manuel Chavez, in his individual capacity; Assistant Chief Robert Lanning, in his individual capacity; Detective Jeffrey Rogers, in his individual capacity; Abelino "Abel" Reyna, Defendants-Appellants. Theron Rhoten; Jonathan Lopez; Ryan William Craft; Jim Albert Harris; Bonar Crump, Jr.; Juan Carlos Garcia; Drew King, Plaintiffs-Appellees, v. Chief Brent Stroman, in his individual capacity; Detective Manuel Chavez, in his individual capacity; Assistant Chief Robert Lanning, in his individual capacity; Detective Jeffrey Rogers, in his individual capacity; District Attorney Abelino Reyna, in his individual capacity, Defendants-Appellants. Jim Albert Harris; Bonar Crump, Jr; Juan Carlos Garcia; Drew King, Plaintiffs-Appellees, v. Manual Chavez, in his individual and official capacity; Chief Brent Stroman, in his individual capacity; Robert Lanning, in his individual capacity; Jeffrey Rogers, in his individual capacity; Abelino Reyna, in his individual and official capacity Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED July 8, 2021.


Attorney(s) appearing for the Case

Don A. Tittle, Esq. , Law Offices of Don Tittle, Dallas, TX, Matthew J. Rita , Dallas, TX, for Plaintiff-Appellee Bradley Terwilliger in 19-50888.

Don A. Tittle, Esq. , Roger E. Topham , Law Offices of Don Tittle, Dallas, TX, Matthew J. Rita , Dallas, TX, for Plaintiffs-Appellees Benjamin Mateek, and Jimmy Dan Smith in 19-50888.

Don A. Tittle, Esq. , Roger E. Topham , Law Offices of Don Tittle, Dallas, TX, Matthew J. Rita , Dallas, TX, for Plaintiffs-Appellees in 19-50909, and 20-50032.

Don A. Tittle, Esq. , Law Offices of Don Tittle, F. Clinton Broden , Broden & Mickelsen, Matthew J. Rita , Dallas, TX, for Plaintiffs-Appellees in 19-50910.

Don A. Tittle, Esq. , Roger E. Topham , Law Offices of Don Tittle, F. Clinton Broden , Broden & Mickelsen, Dallas, TX, for Plaintiffs-Appellees in 19-51029.

Don A. Tittle, Esq. , Law Offices of Don Tittle, Matthew J. Kita , Dallas, TX, for Plaintiffs-Appellees Theron Rhoten, Jonathan Lopez, and Ryan William Craft in 20-50276.

Don A. Tittle, Esq. , Law Offices of Don Tittle, Dallas, TX, Brent Wayne Coon, Esq. , Attorney, Brent Coon & Associates, Beaumont, TX, for Plaintiffs-Appellees Jim Albert Harris, Bonar Crump, Jr., Juan Carlos Garcia, and Drew King in 20-50276.

Thomas Phillip Brandt , Stephen Douglas Henninger , Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Defendant-Appellant Abelino Reyna.

Charles D. Olson , Michael W. Dixon, Esq. , Haley & Olson, P.C., Charles Alfred Mackenzie, Esq. , West, Webb, Allbritton & Gentry, P.C., Waco, TX, for Defendants-Appellants Brent Stroman, Manuel Chavez, Robert Lanning, and Jeffrey Rogers.

Before Higginbotham, Jones, and Higginson, Circuit Judges.


A deadly shootout occurred at the Twin Peaks restaurant in Waco, Texas, at a gathering of hundreds of motorcyclists, including gang members. The Plaintiffs here filed several lawsuits against Waco public officials based on their arrests and detentions following the rampage. The series of § 1983 suits alleged Fourth...

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