Lawsuit filed against SM Director of Public Safety, SMPD and others for violating the Ku Klux Klan Act

A lawsuit has been filed against San Marcos City Officials due to their inaction during the October 30 'Trump Train' incident on I-35 in San Marcos

Sierra Martin | Managing Editor

SAN MARCOS — In October 2020, just before the general election, a Biden-Harris campaign bus was passing through San Marcos on interstate 35 when several trump supporters nearly ran the bus off the road.

Because of the incident, two lawsuits have been filed. The first lawsuit is against the Trump-supporting drivers, referred to as the ‘Trump Train,’ which consisted of at least 40 vehicles. The second lawsuit is towards the San Marcos Director of Public Safety Chase Stapp and unnamed law enforcement officials from the San Marcos Police Department and San Marcos City Marshal’s Department for failing “to take reasonable steps to prevent planned acts of violent political intimidation,” as stated in the lawsuit.

The plaintiffs claim that the defendants’ actions violated the Ku Klux Klan Act, a law created to protect civil and political rights. The plaintiffs argue that the ‘Trump Train’ intended to intimidate the Biden Campaign and its supporters. Following the incident on I-35, the final events of the Biden campaign’s “Battle for the Soul of the Nation” tour were canceled due to safety concerns.

There were four passengers on the bus: campaign staffer David Gins, former Texas State Senator Wendy Davis, on-duty bus driver Tim Holloway, and off-duty bus driver Mike Forges. 



“When members of the ‘Trump Train’ surrounded us on the highway and started harassing and threatening us, we were terrified,” said Holloway in a press release

According to the lawsuit, plaintiffs tried calling 911 and an officer from the San Marcos City Marshal’s Department said they were unsure if the bus was in their jurisdiction.

“Certain officers from the San Marcos Police Department said that they would not respond unless the Biden-Harris Campaign was ‘reporting a crime,’ explaining: ‘we can’t help you,’” the lawsuit says.

Biden-Harris campaign bus on Oct. 20, 2020 in San Marcos on I-35. Screenshot from Lawsuit.

According to the Texas Tribune, Stapp said in a statement following the incident that the Biden-Harris campaign did not request assistance from SMPD in advance of the campaign event. However, according to the lawsuit, Stapp and SMPD were informed at least 24 hours in advance.

As stated in the lawsuit, without police to intervene, “some Trump Train drivers surrounded the bus on all sides while driving through San Marcos, playing a madcap game of highway’ chicken,’ coming within three to four inches of the bus. Some Trump Train drivers forced the bus to go dangerously slow, often by abruptly braking in front of the bus and forcing the bus to take evasive measures to avoid collision.”

The lawsuit also mentions that some ‘Trump Train’ drivers swerved their vehicles in an effort to push the bus off the road and onto the shoulder, ultimately resulting in a ‘Trump Train’ driver to sideswipe an SUV driven by a Biden-Harris campaign staffer.

“The intimidation and harassment we experienced is unacceptable, and we want to make sure it doesn’t happen in future elections,” said David Gins, a plaintiff who was on the bus.

This is an ongoing story, the San Marcos Corridor News will provide updates as developments are made in the lawsuits. 

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  1. 1. This was during lunch and heading north from New Braunfels. I’d hate to see what they think of rush hour.
    2. They didn’t coordinate early enough.
    3. They didn’t stop after the incident.
    4. They continued on to their destination.
    5. They didn’t complain until the camera was on.
    6. They are citing a 140 year old law that authorizes Martial Law a week(-ish) after Biden implied using the military against Americans.
    7. It has been 9 months. Surely the insurance companies have settled the issue.
    Why does the Biden Admin like suing red states?

    1. I’m an attorney. You’re clearly asking for a defamation suit. But you’re probably poor, just like the loser members of these “Trump Trains” are. College. Go to one and graduate. Loser.

      1. 1. If you were a truly an attorney, you’d know its exceedingly difficult for a public figure to bring a defamation or libel case.
        2. What part of my post was inaccurate?

        Stop trying to intimidate folks, it only makes you sound petty (IMO).

    2. 1. This isn’t a suit by the Biden Administration. 2. You didn’t go to college. 3. You didn’t go to law school. (I did. I’m an attorney.) 5. You hate America and have no idea how it works. 6. You have NO IDEA how insurance works. 7. Your parents didn’t go to college either. 8. You’re a nothing about to get sued for defamation.

      1. Where can I send my libel case? Please send your real name, address, and DOB.

        SMCN… If he doesn’t provide, would you please forward the email address “Your Mom” used. I think you have my email on file. — Thanks!

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