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Reason
Reason
Politics
Eugene Volokh

Federal Civil Rights Claim Over "Trump Train" / Biden Campaign Bus Incident Can Go Forward

From Cervini v. Cisneros, decided March 23 by Judge Robert Pitman (W.D. Tex.), but just noted in a Westlaw Bulletin, which is how I learned about it:

This case arises out of an incident alleged to have occurred during the 2021 presidential election campaign period. Plaintiffs assert that on October 30, 2020, they were traveling on I-35 between San Antonio and Austin, Texas in a Biden-Harris campaign tour bus. At that time, they allege, "dozens of individuals in at least forty vehicles" participated in a "Trump Train" to show support for presidential candidate Donald Trump by surrounding the campaign bus on the highway. Plaintiffs state that for at least ninety minutes, the Trump Train forced the campaign bus to slow down to a crawl on the highway, that cars came within inches of the campaign bus, and that one Trump Train vehicle slammed into a Biden campaign staffer's car, causing Plaintiffs to fear for their lives and suffer emotional trauma.

Plaintiffs state that Cisneros, Ceh, the Mesaros defendants, Park, and other Jane and John Does coordinated to wait for and surround the campaign bus. They assert that Cisneros side-swiped another Biden campaign staffer's vehicle, rapidly decelerated in front of the campaign bus, drove within feet of the rear of the bus, and appeared at the campaign bus's next stop. Plaintiffs state that Ceh drove within inches of the campaign bus and likewise appeared at the next campaign stop. Plaintiffs assert the Mesaros defendants abruptly cut in front of the bus and, after Cisneros purportedly hit the staffer's car, pulled over to film the staffer's attempts to leave the roadway. Finally, Plaintiffs allege that Park assisted another Trump Train vehicle in boxing the campaign bus in. Plaintiffs assert that all Defendants posted on their social media in support of the Trump Train either before, during, or following the alleged incident.

The court allowed the plaintiffs' claim to go forward under 42 U.S.C. § 1985(3), which provides:

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