National

Michael Brown’s Parents File Lawsuit Against Ferguson

Published

11 years ago

April 24, 2015

Lesley McSpadden, left, and Michael Brown Sr., right, the parents of Michael Brown, listen as their attorney Anthony D. Gray speaks during a news conference Thursday, April 23, 2015, in Clayton, Mo. The parents of Michael Brown filed a wrongful-death lawsuit Thursday 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)

JIM SALTER, Associated Press

CLAYTON, Mo. (AP) — Michael Brown’s parents filed a wrongful-death lawsuit against the city of Ferguson on Thursday, opening a new chapter in the legal battle over the shooting that killed their son and sparked a national protest movement about the way police treat blacks.

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

“The narrative of the law enforcement all across the country for shooting unarmed people of color is the same: That they had no other choice,” attorney Benjamin Crump said. “But time and time again, the objective evidence contradicts the standard police narrative.”

Brown’s parents, Lesley McSpadden and Michael Brown Sr., attended a news conference announcing the lawsuit outside the St. Louis County Courthouse. A tear rolled down McSpadden’s cheek as Crump spoke.

“It’s all part of the journey,” she said.

The case had been expected for months. 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, including Darren Wilson, the white officer who shot Brown. Wilson and former Ferguson Police Chief Tom Jackson were also named in the complaint.

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.

A Ferguson city spokesman declined to comment, citing the pending litigation. Messages left for an attorney for Wilson were not immediately returned.

Jackson declined to discuss the lawsuit, telling The Associated Press that he was unaware of it until a reporter told him and had not had a chance to review the allegations.

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

The lawsuit alleges that Wilson told the two to “get the (expletive) out of the street,” causing tension to escalate. Without the “unnecessary and unwarranted profane language,” the encounter would have been “uneventful,” it says.

Moments later, Wilson and Brown became involved in a scuffle through the open window of Wilson’s police vehicle. Wilson shot Brown after the scuffle spilled into the street.

Some witnesses said Brown appeared to be trying to surrender, but Wilson said Brown was moving toward him aggressively, forcing him to shoot.

The attorneys said they planned to cite Wilson’s own initial comments to a supervisor in which, according to the lawsuit, he said Brown had his arms raised moments before the shooting.

Brown’s death led to weeks of sometimes-violent demonstrations and spawned a national “Black Lives Matter” movement seeking changes in how police deal with minorities. In the end, local and federal authorities ruled that the shooting was justified.

In the months since Brown was killed, unarmed blacks have been fatally shot by police in Wisconsin, California, Oklahoma, South Carolina and elsewhere. Unlike Brown’s death, some of those shootings were caught on video.

A St. Louis County grand jury and the U.S. Justice Department declined to prosecute Wilson, who resigned in November. But the Justice Department released a scathing report citing racial bias and racial profiling in the Ferguson Police Department and in a profit-driven municipal court system that frequently targeted blacks.

After the report, several city officials resigned, including Jackson, the city manager and a municipal judge. The municipal court clerk was fired for racist emails, and two police officers resigned over racist emails of their own.

Crump and another attorney for the family, Daryl Parks, said the lawsuit will include evidence that was ignored by the grand jury and the Justice Department, including bullets allegedly fired by Wilson found in buildings.

Civil suits often unfold much differently than criminal matters.

Two decades ago, football star O.J. Simpson was acquitted of the slayings of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. But a civil jury awarded the Brown and Goldman families $33.5 million in wrongful-death damages.

The family of Amadou Diallo, an unarmed man killed by New York police in 1999, settled with the city for $3 million in 2004 after filing a $60 million lawsuit. The city did not admit any wrongdoing. The settlement came after four officers indicted in his shooting were acquitted of second-degree murder and reckless endangerment.

Wrongful-death lawsuits have been filed in other recent high-profile cases, too.

In New York, the family of Eric Garner is seeking $75 million in damages. Garner, who was black and had asthma, died in July after a white plainclothes officer applied what a medical examiner determined was a chokehold. Garner was accused of selling loose, untaxed cigarettes on a city street.

___

Associated Press Writer Jim Suhr in St. Louis contributed to this report.

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

Published

4 days ago

February 10, 2026

Oakland Post

Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

Published

5 days ago

February 10, 2026

Oakland Post

Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend. The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Published

5 days ago

February 10, 2026

Oakland Post

iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs. If beneficiaries can’t agree, hire a private mediator and attorney to work things out. The moment you walk into court, you are vulnerable to the whims of the court. Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion. In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice. The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST. Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.