National

US Judge Narrows Michael Brown Family Suit Against Ferguson

Published

9 years ago

July 15, 2015

Family attorney Benjamin L. Crump, right, puts his arm around Lesley McSpadden, the mother of Michael Brown, during a news conference Thursday, April 23, 2015, in Clayton, Mo. The parents of Michael Brown filed a wrongful-death lawsuit on April 23 against the city of Ferguson, Mo., over the fatal shooting of their son by a white police officer, a confrontation that sparked a protest movement across the United States. (AP Photo/Jeff Roberson)

ALAN SCHER ZAGIER, Associated Press

ST. LOUIS (AP) — A federal judge has narrowed a wrongful-death lawsuit filed by the family of Michael Brown Jr. against Ferguson, its former police chief and the white ex-police officer who fatally shot the unarmed, black 18-year-old.

U.S. District Judge E. Richard Webber on Tuesday dismissed four of the seven counts from the suit and told lawyers for Michael Brown Sr. and Lesley McSpadden that they must make a more persuasive claim for damages on behalf of their late son. Brown’s parents didn’t attend the two-hour hearing in St. Louis.

The lawsuit raises several constitutional issues.

Webber says he dismissed two “redundant” counts against former Ferguson Police Chief Thomas Jackson and former Officer Darren Wilson, who were sued individually and as representatives of the city. Both have since resigned.

The judge said the Brown family could refile those claims later if other parts of the lawsuit that cover the same legal ground were dropped.

Two of the dismissed claims dealt with state civil rights issues. Brown’s family filed the lawsuit in St. Louis County Circuit Court in April, but it was moved to federal court at the defense’s request. The two Brown family attorneys who appeared in court told Webber they did not oppose the removal of those counts.

The hearing was held as the anniversary of Brown’s Aug. 9 death approaches. Wilson shot and killed Brown following an altercation. Brown’s death led to sometimes-violent protests in Ferguson and other U.S. cities, spawning a national “Black Lives Matter” movement seeking changes in how police deal with minorities.

His family’s lawsuit cites a U.S. Department of Justice investigation that cleared Wilson of wrongdoing in Brown’s death but cited a systemic pattern of racial bias in the Ferguson Police Department.

Brown family lawyer Anthony Gray alluded to those problems Tuesday at a hearing that otherwise dealt almost exclusively with more technical legal arguments.

“We’ve got enough (discriminatory) actions to choke a hippopotamus,” he said.

Peter Dunne, the attorney representing Ferguson, said he was “extremely pleased” by the judge’s ruling.

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Follow Alan Scher Zagier on Twitter at http://twitter.com/azagier

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This story has been corrected to reflect that lawsuit was filed in St. Louis County Circuit Court, instead of in St. Louis Circuit Court.

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The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee

By California Black Media

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.