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KamaAina

(78,249 posts)
Mon Aug 25, 2014, 01:06 PM Aug 2014

Could the Brown family file a wrongful-death civil suit against Wilson?

Like Nicole Brown Simpson's family did against OJ?

A Facebook friend was musing about the injustice of the Klan and others raising all that $$ for Wilson. Then I remembered the OJ civil suit.

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Could the Brown family file a wrongful-death civil suit against Wilson? (Original Post) KamaAina Aug 2014 OP
Let's wait and see JustAnotherGen Aug 2014 #1
Yes, and against the police department treestar Aug 2014 #2
Usually government has to agree to let you sue them... pipoman Aug 2014 #3
Law varies from state to state, but probably not against Wilson himself Lurks Often Aug 2014 #4
anyone can file a suit against anyone DeadEyeDyck Aug 2014 #5

JustAnotherGen

(31,828 posts)
1. Let's wait and see
Mon Aug 25, 2014, 01:08 PM
Aug 2014

I'm not sure if they can - but I think we will be seeing a civil rights issue from the DOJ/FBI.

treestar

(82,383 posts)
2. Yes, and against the police department
Mon Aug 25, 2014, 01:10 PM
Aug 2014

And the burden of proof in a civil case is lower (which is why they won on OJ even though he was acquitted in the criminal case).

 

pipoman

(16,038 posts)
3. Usually government has to agree to let you sue them...
Mon Aug 25, 2014, 01:16 PM
Aug 2014

It would most likely have to be a civil rights violation case. Public officials are protected from civil liability as long as they act within the law. These things remain to be seen.

 

Lurks Often

(5,455 posts)
4. Law varies from state to state, but probably not against Wilson himself
Mon Aug 25, 2014, 01:18 PM
Aug 2014

Brown's family can sue Wilson, as a police officer and if they win, the town of Ferguson (or their insurance company) will pay the family.

They probably can not sue Wilson the person, police officers generally can not be personally sued for things that occur while they are on duty.

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