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Protesters Sue City of Ferguson

Protesters Sue City of Ferguson

This latest multimillion dollar lawsuit is just kindling in the fire started by the court of public opinion.

http://www.usatoday.com/story/news/nation/2014/08/18/ferguson-national-guard-michael-brown-jay-nixon/14219621/

The riots in Ferguson may have subsided, but the legal battle brewing between protesters and city officials may rekindle racial tensions and bring the St. Louis area back into the spotlight.

From the ABA Journal:

Five protesters are suing the city of Ferguson and St. Louis County, Missouri, as well as their police chiefs, based on allegations that they were subject to excessive force and false arrest, among other things.

Two plaintiffs, a woman and her son, 17, claim that they were wrongfully arrested for failure to disperse at a Ferguson McDonald’s restaurant, which they visited after attending an AME Church “Peace and Love rally.”

Another plaintiff arrested for failure to disperse stated that after riding the bus to visit his mother, police shot him with rubber bullets as he attempted to avoid a blocked street.

Justin Cosma, a Ferguson police officer, is also named as defendant in the case.

Specifically, the Ferguson protesters are suing for false arrest, negligent supervision (of the police departments by the City of Ferguson and St. Louis,) intentional infliction of emotional distress, assault and battery, and two separate civil rights claims under 42 U.S.C. § 1983: deprivation of civil rights, and failure of the police department to train, supervise, and discipline its officers.

The suit seeks over $40 million in damages, and plaintiffs’ attorneys say that new defendants may be added at any time.

This won’t be the first time that police officers in Ferguson have come under fire after alleged civil rights violations. Several officers associated with the department have a history of trouble with allegations of excessive force.

In four federal lawsuits, including one that is on appeal, and more than a half-dozen investigations over the past decade, colleagues of Darren Wilson’s have separately contested a variety of allegations, including killing a mentally ill man with a Taser, pistol-whipping a child, choking and hog-tying a child and beating a man who was later charged with destroying city property because his blood spilled on officers’ clothes.

One officer has faced three internal affairs probes and two lawsuits over claims he violated civil rights and used excessive force while working at a previous police department in the mid-2000s. That department demoted him after finding credible evidence to support one of the complaints, and he subsequently was hired by the Ferguson force.

Department of Justice officials are currently debating whether or not to open up a formal investigation into Ferguson officers’ history of using force against civilians. Additionally, the National Bar Association is suing the City of Ferguson to preserve all documents connected to the fatal shooting of Michael Brown. Police officer unions and advocacy organizations, however, are cautioning against kneejerk reactions to allegations of police brutality:

James O. Pasco Jr., national executive director of the Fraternal Order of Police, cautions that police officers are constantly accused of using excessive force and that those accusations are just “one side of the story” and do not tell exactly what happened. In 90 percent of cases in which a department has a systemic problem, the issue is with poor management, not the individual officers, he said.

“To suggest that police officers are a marauding, white occupying army out there to deprive minorities of their civil rights is at variance with common sense,” Pasco said. “You can’t have rogue officers in a well-managed police department.”

Only hindsight will reveal whether or not aggressive intervention is warranted in the case of the Ferguson Police Department, but in the court of public opinion, this case may already be decided. Eric Holder’s recent trip to Ferguson, and the DoJ’s involvement with local civil rights advocates, have both poured gasoline on an already out of control bonfire. Although recent polling data suggests that most Americans don’t approve of a federal-centric approach to local law enforcement, both progressives and civil libertarians are currently making extremely short work of the case against Darren Wilson and the Ferguson Police Department.

You can read the protesters’ complaint here.

Ferguson Lawsuit by St. Louis Public Radio

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Comments

Wonder what part of that $40 mil., IF..will go to Al, Jesse, NBPP, Lefty Meeja’, et al.

Cities and State as well as property owners should counter sue.

Time for the taxpayers to quit paying for damages, police man hours, looting, riots, crimes of protestors incited by the likes of Sharpton, Jackson, Shabazz, Ferrakhan, Shahid, Crump and Parks.

Same with OWS clean up – Unions paid the protestors, they should be forced to pay for clean-up and police presence afterward.

These people are not entitled to disturb the peace or damage property or attack law enforcement.

Who would have thought that attorneys would get involved after Holder’s visit? And who would have thought that reparations, I mean, monetary awards, would be sought?

    JackRussellTerrierist in reply to jennifer a johnson. | August 31, 2014 at 2:26 pm

    The City of Ferguson should dissolve its charter and just leave the town to the blacks who want things this way. The next step is harder – getting the libtards and the federal government and the ‘rats to stop molly-coddling these people and simply leave them to their evolutionary destiny.

    Meanwhile, stay armed, stay calm.

Probably will lead to a settlement and a new avenue of revenue for all of the race hustle crowd in future events like this.

I hate what this country has become.

    JackRussellTerrierist in reply to healthguyfsu. | August 31, 2014 at 1:58 pm

    It’s sickening, but do you expect when a dumbed-down, brainwashed electorate elects the worst carpet-bagger this country has ever seen to the most powerful office in the world.

    They will continue to get away with all they can until we, the people, take them down.

The residents of Ferguson should sue because the police allowed the looting and burning. They should have shot the looters and arsonists. The only security in Ferguson was provided by The Militia. Makes you wonder why they have cops at all.

    JackRussellTerrierist in reply to Mannie. | August 31, 2014 at 2:05 pm

    The cops were forced to stand down after the ‘rat governor appointed a black highway patrol captain to take over the LE function on the ground. He made the cops stand there in full gear while they watched the looting and burning. This same MHP captain, Ronald Johnson, walked with the protestors, threw gang signs with them, embraced them and commended them AND the New Black Panthers for their participation.

    It is the state highway patrol, Ronald Johnson and the governor that need suing for the damages, not Ferguson PD.

pay the suit then immediately unincorporate the city and remove all fire/police/etc services.
see how long they live depending upon themselves.

    Mr. Izz in reply to dmacleo. | August 31, 2014 at 12:27 pm

    Those are kind of my thoughts. Claim bankruptcy, because I doubt this police department could afford $40 million, close the doors, and tell the people to fend for themselves. “The looters, rioters, race baiters, and violent people of this city have won. The city is now yours to protect. Good luck, we’re out of here. I’m sure you’ll all be fine. Obama is on your side.”

      Even I know that a lot of the rioters and arsonists were outsiders.

      The first step is to identify the organizations involved, including the BPP. The second step is to institute proceedings against them to pay for the damages that they caused.

    JackRussellTerrierist in reply to dmacleo. | August 31, 2014 at 2:12 pm

    Whites, Asians and Hispanics should sell their homes and businesses for whatever they can get and just leave the town to the blacks. Let them figure out how to protect themselves from one another, feed themselves, and run a local government. In the history of mankind, they have never succeeded in doing so. Ferguson will not become a “first” for them.

    Any whites living in a nearby sanctuary should do the same because they will be invaded when the new Fergusonian populace runs out of grape drank and McNuggets.

    America needs another white flight/black blight area like a hole in the head, but here we go.

      You’re letting your racist shine though here.

      Never pretty. Always wrong.

        JackRussellTerrierist in reply to Ragspierre. | August 31, 2014 at 8:26 pm

        Sadly, what I say is true. Once a middle-class or lower-income city or town achieves a black population of 25% or more, crime goes up, municipal expenses go up, property values go down, and business income, tax revenues and employment go down. Shopping centers become ghost towns and properties deteriorate. Whites, Asians and most Hispanics leave. It all comes together to create blight for as far as the eye van see. Why? Because of crime, starting with small stuff such as relentless shoplifting and vandalism running off retail businesses up to egregious assaults on and murders of innocents minding their own business. Peaceful people become afraid to leave their homes for work or let their kids play outside, so they just flat-out sell and leave. They are given only one life and they don’t want to spend it cowering in fear in the dark, locked up inside their homes, afraid to go to the store, afraid to go out to a restaurant, afraid to buy anything nice like a new car, afraid to send their kids to school or even the mailbox, and afraid to even sit in their living rooms with the drapes open.

        It is what it is, Rags.

        I don’t care how many times you or anybody else says this is racist. It is the truth, and peaceful people need to start facing it, including peaceful blacks.

      “Let them figure out how to protect themselves from one another, feed themselves, and run a local government. In the history of mankind, they have never succeeded in doing so. Ferguson will not become a “first” for them.”

      That is just a lie. And it is a racist lie.

      It says explicitly that a person…by virtue of their skin color…cannot govern themselves or a civil society. History and current experience say you are wrong.

      That is simply bullshit.

        JackRussellTerrierist in reply to Ragspierre. | August 31, 2014 at 9:45 pm

        Then point me to one thriving, robust, clean, black-run municipality or country with top schools, good property values, an educated, efficient labor pool, low unemployment, low crime, people yearning to move there and businesses clamoring to get in and start up, etc., with a predominantly black population.

        Just one.

          Even you can see that you demand TWO things…

          1. black leadership

          2. and nirvana with a majority black population. (Which is tough in a nation where they are ~13% of the population.)

          AND that you’ve decided to change your crap from…

          1. Let them figure out how to protect themselves from one another,

          2. feed themselves, and

          3. run a local government. In the history of mankind, they have never succeeded in doing so.

          Which is simply a lie.

          And I point…erm, pointedly…to “they and them”. To you, “they” are not human beings on an equal footing with other races.

          As you prove here.

          JackRussellTerrierist in reply to JackRussellTerrierist. | September 1, 2014 at 12:56 am

          If it’s a lie, then surely you can prove me wrong. Put up or shut up.

          Darlin’, I’ve already shown what you are.

          You can find successful mayors and governors. You can find all kinds of examples showing that skin color makes no difference in ability or achievement.

          I won’t do it for you. I’ll let you wallow in your bigotry.

          JackRussellTerrierist in reply to JackRussellTerrierist. | September 1, 2014 at 1:50 am

          Put up or shut up.

It is one thing to support a suit against the police when the encounter is an isolated event. When one enters an area where there is rioting and looting and then attempts to isolate the police behavior from the larger context, I do not see how such a suit could be successful (assuming integrity, etc.). Further, would not the “victims” need to show that it was reasonable for them to be there when things were out of control and unsafe? It seems to me that their presence in such a location would show that they were looking for trouble. Then, all they needed to do was find it and then find a bottom feeding lawyer.

Perhaps an attorney on this site who is familiar with these types of lawsuits could comment.

    JackRussellTerrierist in reply to TX-rifraph. | August 31, 2014 at 3:09 pm

    Besides lining their pockets, it seems to me the lawyers’ purpose in filing this case is to intimidate the police to not do their jobs for fear of a ‘heat of the moment’ error, much like we’ve done to our military. Set impossibly high legal standards and you will reap timidity from the police in the face of them already having their lives on the line. That will lead to more officers being killed. Is that what these people want?

    Probably. Then they can sue and loot and burn to their savage heart’s content.

      Name of lawyer bringing lawsuit… Malik Shabazz… this should tell you something…. yes…it is intimidation of the police.

      Ferguson should turn the tables and sue Shabazz, the Nation of Islam and that Shahid character because they are responsible for the riots.

        JackRussellTerrierist in reply to Aussie. | August 31, 2014 at 8:30 pm

        It speaks volumes. This Lattimer guy who is also an attorney in the suit is no better, just doesn’t have the name recognition.

Putting the shoe on the other foot, perhaps Brown and Johnson overreacted and attacked this police officer because of all the talk about “police brutality.” I haven’t yet seen anything to indicate that this particular police officer, Darren Wilson, was involved in any racial prejudice or wrongdoing.

    JackRussellTerrierist in reply to tarheelkate. | August 31, 2014 at 2:21 pm

    Put down the Kool-Aid.

    Brown and Johnson were just thugs out bullying people. Afraid of police brutality? Are you serious? Didn’t you see the video of them in the store? Also, it’s coming out now that Brown allegedly has a second-degree murder charge on his juvy record as well as proof that he was a member of the Crips. Both the St. Louis Dispatch and an individual journalist named Charles C. Johnson filed suits last week for the release of Brown’s juvy records. They were informed by two local cops about Brown’s record.

      Sure. It’s a culture that looks at the cops as bad guys from the beginning and the guys in the ‘hood as entitled to whatever they want. No koolaid involved.

      As usual, the person getting lost here is the shooter. We don’t as yet have ANY information about his being a rogue cop or anything other than a guy trying to live a decent life doing a job that ought to command respect. He’s being treated in the media as a symbol, not a person. This report about all the problems in his previous police department, problems in which he was not reported to be involved, is an attempt to smear his reputation.

      Where will he ever get a fair trial if indicted?

      MouseTheLuckyDog in reply to JackRussellTerrierist. | August 31, 2014 at 8:54 pm

      Warning Charles C Johnson is one crazed out wacko. Do not put much credence in him.

      Remember this is the same guy that brought forward the claims of vote buying in Mississippi. In the end the guy making the claims recanted, and all that came of it was a lot of energy diverted from the recount.

        JackRussellTerrierist in reply to MouseTheLuckyDog. | September 1, 2014 at 1:03 am

        Yes, I remembered his name from the MS events, although I’m not certain what we’ve seen on the surface in that matter is the whole story.

        Whether he wins, the Dispatch wins, or they both do, I hope the full and complete record is published, and let the chips fall where they may.

        Sure are a lot of Johnsons in this story. 🙂 I count three so far.

        MouseTheLuckyDog in reply to MouseTheLuckyDog. | September 1, 2014 at 6:25 pm

        Since I posted Johnson has become involved in a feud with TheLastRefuge. Over there I posted that I would not be surprised if the guy pulled a David Brock.

          JackRussellTerrierist in reply to MouseTheLuckyDog. | September 2, 2014 at 12:42 am

          It just demonstrates how unethical he is. I hope that the Dispatch wins or wins first or whatever it takes to get the records published fairly without any manipulation from Charles Johnson. If Johnson gets it, he will play games with it, perhaps even manipulate the record in some way, just to draw out the attention on him. He is a gadfly and not credible. But it’s hard to imagine that the Dispatch won’t prevail first.

          Of course, there’s no absolute guarantee the Dispatch isn’t capable of playing games, too. I’ll never forget NBC and CNN in both the Trademark case and in the Duke lacrosse case.

MouseTheLuckyDog | September 1, 2014 at 6:24 pm

Since I posted Johnson has become involved in a feud with TheLastRefuge. Over there I posted that I would not be surprised if the guy pulled a David Brock.

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