BehindBlueI's
Grandmaster
- Oct 3, 2012
- 25,916
- 113
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.
These do not apply to civil rights suits brought under federal law.
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.
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.
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.
Does it apply to local civil suits? I'm thinking of the Kroger incident.
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.
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.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?
hands down, get a job
Who needs a job?
The city will settle out, mom and dad will be blinging in new escalades shortly and all will be well with the world.