Brown Family Sues Officer Wilson

[BehindBlueI's]

These do not apply to civil rights suits brought under federal law.

Does it apply to local civil suits? I'm thinking of the Kroger incident.

 

[chipbennett]

This suit might have legs given the report that was released concerning the report that was just released. Wilson shoot was good, but they're going to ignore the specific facts of the case and place the general ill-behavior of FPD on Wilson.

That makes no sense. If, as the DOJ report asserts, there is no evidence to refute a self-defense claim, and all credible witnesses and physical evidence corroborate a self-defense claim, then there is no basis for a wrongful death lawsuit. The actions of the FPD in general have no bearing on the actions of Michael Brown, or the decision to put Darren Wilson in mortal danger.

 

[chipbennett]

As for the merits, if the shooting was justifiable, that should carry the day, but the standard of proof is different, lower, in the civil court than in a criminal case.

The standard of proof to win a civil suit (preponderance of the evidence) is higher than the standard of proof to return an indictment (probable cause). Both a grand jury and the federal DOJ failed to find evidence to meet the lesser of the two standards. I don't see why the respondents wouldn't need to do anything more than submit the no-bill decision and the DOJ report as evidence for a request for summary judgment.

 

[Trigger Time]

Pieces of ****. Anyone could have seen this coming. I hope they get counter sued and lose

 

[Kutnupe14]

That makes no sense. If, as the DOJ report asserts, there is no evidence to refute a self-defense claim, and all credible witnesses and physical evidence corroborate a self-defense claim, then there is no basis for a wrongful death lawsuit. The actions of the FPD in general have no bearing on the actions of Michael Brown, or the decision to put Darren Wilson in mortal danger.

I'm clear the investigation has nothing to do with the Wilson/Brown incident. Yeah, it doesn't make sense, but that report will certainly come into play.

 

[HoughMade]

Does it apply to local civil suits? I'm thinking of the Kroger incident.

They apply to state law causes of action, but not federal causes of action.

 

[HoughMade]

The standard of proof to win a civil suit (preponderance of the evidence) is higher than the standard of proof to return an indictment (probable cause). Both a grand jury and the federal DOJ failed to find evidence to meet the lesser of the two standards. I don't see why the respondents wouldn't need to do anything more than submit the no-bill decision and the DOJ report as evidence for a request for summary judgment.

The failure to indict is not a judgment. It is not a decision on the merits of the case and does not have preclusive effect.

As for the standard of proof, PC is the minimum standard and as to the Grand Jury, it may be possible to say they found that there was not even that, but as for the DOJ, they may simply have found that they never could have proved their case under the "beyond a reasonable doubt" standard.

In addition, they can sue for negligence, which neither the DOJ or the Grand Jury ever considered.

 

[printcraft]

Wilson needs to sue the brown family for mental anguish over having to defend himself from their son..... Clearly they are the genesis of the problem.

 

[Big Guy]

The city of Fergeson should be able to sue the Browns, for all the extra overtime they had to pay police officers because of the riot resulting from their son. All the shop owners that lost their entire businesses should be able to make claims against them as well. His mom had kicked him out well before this happened, and now she feels entitelled to gain reperations from his death, now that's twisted!

 

[chipbennett]

The failure to indict is not a judgment. It is not a decision on the merits of the case and does not have preclusive effect.

As for the standard of proof, PC is the minimum standard and as to the Grand Jury, it may be possible to say they found that there was not even that, but as for the DOJ, they may simply have found that they never could have proved their case under the "beyond a reasonable doubt" standard.

In addition, they can sue for negligence, which neither the DOJ or the Grand Jury ever considered.

The DOJ report documents that all the evidence available proves that Wilson acted in self-defense. How can a civil suit, on any grounds, overcome that?

 

[JT1968]

Wasn't one or both of these parents/ step parents going to be charged for inciting a riot or something along those lines???

 

[hoosierdoc]

The DOJ report documents that all the evidence available proves that Wilson acted in self-defense. How can a civil suit, on any grounds, overcome that?

Jury for you, and jury for me...

 

[Denny347]

The DOJ report documents that all the evidence available proves that Wilson acted in self-defense. How can a civil suit, on any grounds, overcome that?

Even so, I would be very nervous having a jury deciding my fate....very nervous.

 

[zippy23]

hands down, get a job

 

[churchmouse]

hands down, get a job

Uh.....doing what.
Just asking

 

[Kutnupe14]

hands down, get a job

Who needs a job?

 

[printcraft]

Who needs a job?

If Mike had one that day he could have bought those cigars like everybody else and we wouldn't be having this discussion.

 

[Leo]

Put a lean on their personal finances for all the expenses the taxpayers incured during the thugs life, all the expenses of the law enforcement who had to deal with all the crap the guy did against society prior to this incident. Back charge them for the public defender working on their criminal sons prior arrests and crimes. Open up his prior victims to recovery of damages. Heck, go all the way to the citizens of Ferguson recovering losses for all the crap that went on that month when his family and backers were too ignorant and immature to wait for the court system and extracted their illogical rage on the people of Ferguson who had nothing to do with the entire event. The pencil can record in either column.

There must already be laws that allow that. A guy at work got backcharged for 14 years of government support for a daughter he did not even know he conceived, in addition he was ordered to pay child support until she finishes college. He messed up one night with a one night stand at a drunken party, The Browns have messed up for their entire lives.

 

[femurphy77]

The city will settle out, mom and dad will be blinging in new escalades shortly and all will be well with the world.

 

[HoughMade]

The city will settle out, mom and dad will be blinging in new escalades shortly and all will be well with the world.

I don't know about the MO legal climate, but that's not how those suits go around here.