The only biker suing over his arrest following a shootout at a Texas restaurant says he was unfairly singled out with a gag order after publicly criticizing how the investigation has been handled.

Matthew Clendennen was among 177 people arrested after the May 17 shootout in which nine died. On Wednesday, he appealed a gag order as unconstitutional.

McLennan County District Attorney Abel Reyna is among those named in Clendennen's suit. He requested the gag order during a hearing Tuesday in Clendennen's criminal case. Judge Matt Johnson, Reyna's former law partner, granted the order. Neither were available for comment Wednesday.

Clendennen's attorney, Clint Broden, said it's unclear whether the gag order applies also to the civil suit. Broden declined to comment on Reyna's and Johnson's prior partnership.