Started By
Message

OT Legal Experts: Michael Brown civil suit?

Posted on 11/26/14 at 7:13 am
Posted by VetteGuy
Member since Feb 2008
28053 posts
Posted on 11/26/14 at 7:13 am
Can the parents file a civil suit?
Or is the officer shielded from this?
Posted by OTIS2
NoLA
Member since Jul 2008
50082 posts
Posted on 11/26/14 at 7:15 am to
Yes, they can. The merits of the suit are far from determined.
Posted by Displaced
Member since Dec 2011
32701 posts
Posted on 11/26/14 at 7:16 am to
they can and they will.

not sure how the decision of the grand jury will affect the civil suit though.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 11/26/14 at 7:16 am to
I'm no "legal expert" but I do have lots of opinions on the matter which are supported by emotion and casually watching Law and Order for over thirty years. In my opinion, your OP is racist.
Posted by tLSU
Member since Oct 2007
8618 posts
Posted on 11/26/14 at 7:17 am to
They could file a federal civil rights action under 42 USC 1983. The burden of proof is very high, and it's extremely unlikely they'd recover. They'd have to show that the municipality acted with deliberate indifference/reckless disregard when they failed to train or supervise the officer. In other words, their training/supervision would have to be so piss-poor that it was almost guaranteed that something like this would happen, that they actually knew it would happen, and they disregarded it anyway.To prove this, a pattern of past incidents which are similar in nature (to put the municipality on notice that they had issues) is required.

FWIW, this is the area of law I practice in on the defense side.
This post was edited on 11/26/14 at 7:19 am
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167056 posts
Posted on 11/26/14 at 7:17 am to
They can but IMO it's going to be hard to show that Brown wasn't a thug who is at fault for his own death.
Posted by Oyster
North Shore
Member since Feb 2009
10224 posts
Posted on 11/26/14 at 7:18 am to
The city of ferguson carries liability insurance. I'd guess there are several attorneys in talks with the Brown family.
This post was edited on 11/26/14 at 7:19 am
Posted by Rouge
Floston Paradise
Member since Oct 2004
136791 posts
Posted on 11/26/14 at 7:21 am to
quote:

Law and Order
Sam Waterson or Ice-T?
Posted by RollTheRock
Member since Feb 2014
478 posts
Posted on 11/26/14 at 7:21 am to
The federal govt will go after Wilson, IMHO.
This post was edited on 11/26/14 at 7:22 am
Posted by VetteGuy
Member since Feb 2008
28053 posts
Posted on 11/26/14 at 7:22 am to
This was my thought; that they could basically file against the city.

Can they file against the officer only, though? I didn't think they could.
Posted by 4LSU2
Member since Dec 2009
37315 posts
Posted on 11/26/14 at 7:24 am to
I will gladly donate to Wilson's defense fund.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 11/26/14 at 7:25 am to
quote:

Sam Waterson or Ice-T?


I'm not even going to dignify that with a response. What kind of "expert" would I be if I were relying on rape and incest cases for my legal background?
Posted by Tiger n Miami AU83
Miami
Member since Oct 2007
45656 posts
Posted on 11/26/14 at 7:26 am to
I think Wilson is the one who would be more justified in filing a suit against those who lied and slandered him.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89462 posts
Posted on 11/26/14 at 7:27 am to
quote:

Can the parents file a civil suit?


Of course.

quote:

Or is the officer shielded from this?


Not sure - probably okay on individual liability. He doesn't have any money anyway. This suit will be against the city and they will negotiate a settlement.

One never wants to say never, but this would never go to trial.
Posted by guttata
prairieville
Member since Feb 2006
22504 posts
Posted on 11/26/14 at 7:27 am to
How would they come up with an amount? What would his lifetime earnings have been, minus the amount he would have been on govt. tit?
Posted by Rouge
Floston Paradise
Member since Oct 2004
136791 posts
Posted on 11/26/14 at 7:28 am to
quote:

What kind of "expert" would I be if I were relying on rape and incest cases for my legal background?




Posted by VetteGuy
Member since Feb 2008
28053 posts
Posted on 11/26/14 at 7:30 am to
Yep, he's got a pretty good bit so far, like $500,000.

He's gonna need it, they are going to ask him to resign.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 11/26/14 at 7:32 am to
Nancy Grace and Judge Judy are personal heroes of mine in the never-ending search for truth and justice.
Posted by JCinBAMA
North of Huntsville
Member since Oct 2009
17584 posts
Posted on 11/26/14 at 7:36 am to
Could the clerk at the store file a suit?

Posted by mikelbr
Baton Rouge
Member since Apr 2008
47460 posts
Posted on 11/26/14 at 7:36 am to
quote:

Yep, he's got a pretty good bit so far, like $500,000. He's gonna need it, they are going to ask him to resign.


What pisses me off is the rednecks and blacks on my FB feed in BR are so concerned about Brown and Wilson , and don't know nor give a damn about this case right frickin here in BR. Baton Rouge should be worried about Magee and Harris. And why in THE frick is Magee still on the BRPD?
420k settlement for Harris' family
first pageprev pagePage 1 of 3Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram