Andrade v. Chojnacki
This case addresses claims stemming from the 1993 Waco siege, brought by Branch Davidian survivors and family members against the United States, various federal officials (ATF, FBI), and former Texas Governor Ann Richards. Plaintiffs asserted violations under the Federal Tort Claims Act (FTCA), Bivens, 42 U.S.C. §§ 1988, 1985(3), RICO, and Texas state law. The Court granted most of the defendants' motions, dismissing claims under §§ 1983, 1985(3), RICO, and Texas constitutional law. Many Bivens claims against individual defendants were dismissed due to qualified immunity or lack of specific allegations. Some FTCA claims were dismissed for procedural failures or under the discretionary function exception, and bystander liability was rejected. Remaining for trial are specific FTCA claims against the United States concerning excessive force during the initial raid, excessive force by the FBI during tear gas insertion and the fire, and FBI negligence related to the fire and its extinguishment. FBI Agent Lon Horiuchi remains an individual defendant for certain Bivens claims.