bureaucracybusters

THE TRUTH-AND THE DIRT–WILL OUT

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on May 12, 2015 at 12:02 am

On April 23, the family of teen thug Michael Brown filed a wrongful death lawsuit against the city of Ferguson, Missouri.

Brown, 18, was shot by a Ferguson police officer on August 9.  Brown was unarmed, but the officer–Darren Wilson, who has since left the police department–claimed self-defense.  According to him, Brown tried to seize his weapon.

The lawsuit claims that

Brown, 18, was unarmed and walking in the street with a friend on Aug. 9 when Wilson told them to get on the sidewalk.

The lawsuit claims that Wilson said: “Get the [expletive] out of the street.”  Without the “unnecessary and unwarranted profane language,” the encounter would have been “uneventful.”

Attorneys for Brown’s parents promised the case would reveal new forensic evidence and raise doubts about the police version of events. Some of that evidence, they said, had been overlooked in previous investigations.

If it comes to trial, the lawsuit could force a full review of all the evidence in the shooting and bring key witnesses to be questioned in open court.

Civil cases generally require a lower standard of proof than criminal cases. Jurors must base their decision on a preponderance of evidence, not proof beyond a reasonable doubt, which is the standard needed to convict in a criminal trial.

The reason for this is that, in a criminal trial, the freedom of the accused is at stake.  In a civil trial, only money is.

The lawsuit could prove embarrassing to the Ferguson Police Department, which has already been heavily criticized in a Justice Department investigation.

The report of those findings, released on March 4, stated:

“The Justice Department found that the Ferguson Police Department (FPD) engaged in a pattern or practice of conduct that violates the First, Fourth, and 14th Amendments of the Constitution….

“Our investigation showed that Ferguson police officers routinely violate the Fourth Amendment in stopping people without reasonable suspicion, arresting them without probable cause, and using unreasonable force against them….

Federal investigators found that the FPD had a pattern or practice of:

  • Conducting stops without reasonable suspicion and arrests without probable cause in violation of the Fourth Amendment;
  • Interfering with the right to free expression in violation of the First Amendment; and
  • Using unreasonable force in violation of the Fourth Amendment.

Click here: Justice Department Announces Findings of Two Civil Rights Investigations in Ferguson, Missouri | OPA | Department

So there will be many opportunities for the Brown family to reveal highly damaging truths about the FPD.

But the trial promises to be highly embarrassing for the Brown family as well.

Consider the following:

Michael Brown (left) roughing up a store owner

Lesley Mcspadden

Louis Head calls for arson in Ferguson

No doubt the Ferguson police will be working overtime to turn up even more embarrassing truths–or at least charges–against the Brown family.

In the end, the outcome of the lawsuit may well turn on who can dig up more dirt on whom.

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