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OT Legal Experts: Michael Brown civil suit?
Posted on 11/26/14 at 7:13 am
Posted on 11/26/14 at 7:13 am
Can the parents file a civil suit?
Or is the officer shielded from this?
Or is the officer shielded from this?
Posted on 11/26/14 at 7:15 am to VetteGuy
Yes, they can. The merits of the suit are far from determined.
Posted on 11/26/14 at 7:16 am to VetteGuy
they can and they will.
not sure how the decision of the grand jury will affect the civil suit though.
not sure how the decision of the grand jury will affect the civil suit though.
Posted on 11/26/14 at 7:16 am to VetteGuy
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 on 11/26/14 at 7:17 am to VetteGuy
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.
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 on 11/26/14 at 7:17 am to VetteGuy
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 on 11/26/14 at 7:18 am to VetteGuy
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 on 11/26/14 at 7:21 am to LucasP
quote:Sam Waterson or Ice-T?
Law and Order
Posted on 11/26/14 at 7:21 am to VetteGuy
The federal govt will go after Wilson, IMHO.
This post was edited on 11/26/14 at 7:22 am
Posted on 11/26/14 at 7:22 am to tLSU
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.
Can they file against the officer only, though? I didn't think they could.
Posted on 11/26/14 at 7:24 am to VetteGuy
I will gladly donate to Wilson's defense fund.
Posted on 11/26/14 at 7:25 am to Rouge
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 on 11/26/14 at 7:26 am to VetteGuy
I think Wilson is the one who would be more justified in filing a suit against those who lied and slandered him.
Posted on 11/26/14 at 7:27 am to VetteGuy
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 on 11/26/14 at 7:27 am to 4LSU2
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 on 11/26/14 at 7:28 am to LucasP
quote:
What kind of "expert" would I be if I were relying on rape and incest cases for my legal background?
Posted on 11/26/14 at 7:30 am to 4LSU2
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.
He's gonna need it, they are going to ask him to resign.
Posted on 11/26/14 at 7:32 am to Rouge
Nancy Grace and Judge Judy are personal heroes of mine in the never-ending search for truth and justice.
Posted on 11/26/14 at 7:36 am to VetteGuy
Could the clerk at the store file a suit?
Posted on 11/26/14 at 7:36 am to VetteGuy
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
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