Lawsuit can proceed against Kenosha shooter Kyle Rittenhouse
Source: AP
MADISON, Wis. (AP) A federal judge in Wisconsin ruled Wednesday that a wrongful death lawsuit filed by the father of a man shot and killed by Kyle Rittenhouse during a protest in 2020 can proceed against Rittenhouse, police officers and others.
The father of Anthony Huber, one of two men shot and killed by Rittenhouse, filed the lawsuit in 2021, accusing officers of allowing for a dangerous situation that violated his son's constitutional rights and resulted in his death. Anthony Huber's father, John Huber, also alleged that Rittenhouse, who was 17 at the time of the shootings, conspired with law enforcement to cause harm to protestors. John Huber is seeking unspecified damages from city officials, officers and Rittenhouse.
U.S. District Judge Lynn Adelman on Wednesday dismissed motions filed by Rittenhouse and the government defendants seeking to dismiss the civil rights lawsuit.
In allowing the case against Rittenhouse and the others to proceed, the judge said that Anthony Huber's death could plausibly be regarded as having been proximately caused by the actions of the governmental defendants.
Read more: https://www.msn.com/en-us/news/crime/lawsuit-can-proceed-against-kenosha-shooter-kyle-rittenhouse/ar-AA170Ap7
JohnSJ
(92,218 posts)In fact those policeman should be fired
republianmushroom
(13,614 posts)Evolve Dammit
(16,741 posts)Yo_Mama_Been_Loggin
(108,026 posts)Evolve Dammit
(16,741 posts)ShazzieB
(16,420 posts)It's highly accurate, direct, and to the point.
A baby face is a thing some people have. A baby boy is what Rittenhouse is!
Mr. Evil
(2,845 posts)Fuck that smug little shitstain.
Evolve Dammit
(16,741 posts)ShazzieB
(16,420 posts)GenThePerservering
(1,824 posts)That old hag still around? I haven't heard about her since she wrote that butt-licking book "In Trump we Trust".
Evolve Dammit
(16,741 posts)RW scum anyhow...
The Grand Illuminist
(1,334 posts)It will take a miracle for them to win the suit. The coverage of Rittenhouse is too great.
moniss
(4,252 posts)in a criminal case. Everybody knew OJ but he was still found liable in a civil case. Empaneling a jury was still done then and it will be now. If we go to trial. My guess is the rat hole known as Kenosha government will try to settle before then. Rittenhouse for his part has nothing, likely will never have anything but a George Zimmerman type existence and so money isn't the issue there. Getting a finding would be nice though just like with OJ. I'm actually surprised the NRA hasn't brought KR into their fold and made him a "spokesperson" of sorts.
Igel
(35,320 posts)bashing Rittenhouse around the head and shoulders with a skateboard when Rittenhouse was on the ground and Huber could just walk away.
And said Huber was allegedly grabbing for Rittenhouse's gun. With video that allegedly showed it.
They may win their case, but it's far, far from a slam dunk.
moniss
(4,252 posts)an active shooter. As I said Kenosha will try to settle this to make it go away. KR had stumbled and fallen but still had his rifle in a ready to fire posture. Huber knew that people had shouted KR was the shooter and he could see that KR was still holding the gun in a ready to fire posture. It is not reasonable for anybody to assume in those split seconds that they can just "walk away". In fact it is far more reasonable that you would feel threatened and lash out to stop the threat if you could. Kenosha cops knew he was around with that gun and made no attempts to check on any legalities in the hours prior to the killings. But they are now in Federal Court and not in the friendly venue of the local good old boys of Kenosha. There is a difference between something being very likely and something being a slam dunk.
Maraya1969
(22,483 posts)saw him as a threat. When that other young black man was killed by those 2 vigilante father and son team they had their guns drawn yet he went toward them. If someone was standing in front of me with a gun aimed at me I might go toward them also in an attempt at getting the gun away from them because I would be sure to get shot at if I turned around and ran. As we watch it on video we see it would have been better for them all to just run but in the excitement of a situation like that you can't always say what you would do.
riversedge
(70,242 posts)with the gun. Hope Hope.
Trueblue Texan
(2,430 posts)...but even when you win, the drag of a lawsuit on your life and pocketbook can sure make your life miserable, as Rittenhouse so well deserves.
The Grand Illuminist
(1,334 posts)That makes it worse.
housecat
(3,121 posts)AndyS
(14,559 posts)only requires a preponderance of evidence.
Let's see, a 17 year old who bought a gun using a straw buyer who drives across state lines with that gun to a tension charged demonstration and uses his illegally gotten gun to intimidate otherwise peaceful demonstrators then primitively shoots another armed man and later kills an unarmed man trying to subdue him after the shooting.
I see no problem with finding a preponderance of evidence saying this is a wrongful death.
I hope they win it.
housecat
(3,121 posts)2naSalit
(86,646 posts)ShazzieB
(16,420 posts)jmowreader
(50,559 posts)They always bring up the criminal pasts of the three people he shot and claim he was just getting the scum off the street.
So...I have to know:
1. Did Kyle Rittenhouse know the criminal pasts of these three men at the time of the incident?
2. Of all the crimes these three supposedly committed, are any of them punishable by death?
3. Don't death sentences have to be issued by a judge and jury?
and...
4. Since when does a high school kid get to be the judge and jury all by himself?
They're thinking of it like it's fuckin' Judge Dredd or something, but I seem to recall that in Judge Dredd they had a police academy where you learned to uphold The Law. (I looked it up...the Mega City Academy of Law took fifteen years to graduate.)
all about crooked Kenosha was the judge not allowing much of that evidence about the gun. So KR swore he just "found" the gun was out in the open when he was at the house in Wisconsin. The cops driving along, after a radio dispatch about people being shot, saw him along the road with the rifle clearly strapped in front of him and with his hands in the air. But they knew they didn't have to stop because they saw the blue gloves. So they knew he was one of "theirs". The blue gloves were a key here but were explained away as having been worn many hours earlier during the day when he was cleaning graffiti. But no legitimate explanation exists for why you would have them on many hours later in the pitch dark far away from your cleaning chores. Let's think for a minute about who else wears those blue gloves. Oh yeah, Cops, EMT's etc. Yeah and who was also going around faking being an EMT? Oh yeah. Cover all the way.
BOSSHOG
(37,062 posts)Rittenhouse is a worthless dirtbag but more ominous for him that he has conservative values. Any thing else?
I absolutely agree.
The Grand Illuminist
(1,334 posts)That is the biggest hurdle.
AndyS
(14,559 posts)Two different court systems. Criminal deals with state/federal laws broken, ie crimes against the state whereas the Civil system deals with crimes against the individual. Criminal courts extract restitution from the guilty with punishment and fines paid to the State, Civil courts extract restitution via damages paid to the citizen harmed. In this case the Father is clearly harmed by the loss of his son and he will pursue monetary damages for that loss. Rittenhouse will forfeit any profits from his 'rallies' as well as any cash above the poverty level until the damages are covered.
roamer65
(36,745 posts)Hes gonna lose big time in a civil case.
AverageOldGuy
(1,530 posts)This wrongful death suit is a CIVIL case, not a CRIMINAL case. Civil cases are decided by a MAJORITY VOTE of the jury, unlike criminal cases that require a UNANIMOUS jury decision.
If the jury is 12, the father's attorney only needs to convince 7 people that Rittenhouse is guilty of wrongful death and owes the victim's family a LOT of $$$$$ . . . more than Rittenhouse, his idiot mother, and his supporters can raise in 10 years.
iluvtennis
(19,862 posts)riversedge
(70,242 posts)my dad used to call people like kyle -shysters [not meant in a good way]
"Rittenhouse has been deliberately cagey about his whereabouts," Adelman wrote.
"Although he denies living in Florida, he does not identify the place that he deems to be his residence."
https://www.npr.org/2023/02/01/1153706694/kyle-rittenhouse-wrongful-death-lawsuit-kenosha
A lawsuit can proceed against Kenosha shooter Kyle Rittenhouse, a federal judge rules
February 1, 20239:31 PM ET
.......................................
Rittenhouse attorney Shane Martin said in a phone interview that it's important to note the ruling doesn't address the merits of the case, it only allows it to proceed to the next phase.
.......................................
Attorneys and private investigators for John Huber spent over 100 hours trying to locate Rittenhouse, tracking down addresses in seven states before they found the home of his mother and sister in Florida. The lawsuit was served on Rittenhouse's sister, who said that he wasn't home. Adelman said that was sufficient to qualify as being served.
Rittenhouse had argued that the case against him should be dismissed because he wasn't properly served with the lawsuit. Adelman dismissed that, saying that Rittenhouse "is almost certainly evading service."
"Rittenhouse has been deliberately cagey about his whereabouts," Adelman wrote. "Although he denies living in Florida, he does not identify the place that he deems to be his residence."
Attorneys for the law enforcement and government officials being sued did not immediately return emailed messages seeking comment..................................
https://www.npr.org/2021/11/21/1057759712/after-rittenhouse-verdict-activists-fear-for-their-safety-at-future-demonstratio?utm_campaign=storyshare&utm_source=twitter.com&utm_medium=social
After Rittenhouse verdict, activists fear for their safety at future demonstrations
November 21, 20218:00 AM ET
Heard on Weekend Edition Sunday
Adrian Florido 2016 square
The Rittenhouse verdict may change the tactics and dynamics of social justice protesters going forward.
LEILA FADEL, HOST:
The acquittal of Kyle Rittenhouse is also forcing activist leaders to consider what the verdict might mean for their own safety at future demonstrations for racial justice. NPR's Adrian Florido spoke with protest organizers across the country.
ADRIAN FLORIDO, BYLINE: The first thing Melina Abdullah felt after Kyle Rittenhouse was acquitted was sadness and rage on behalf of his three victims. Abdullah, who's a leader of the Black Lives Matter chapter in Los Angeles, also felt deep concern.
MELINA ABDULLAH: If the system is going to, in a sense, condone the murders committed by Kyle Rittenhouse and the victims were white, what does that mean for me as a Black organizer, right?............................................
riversedge
(70,242 posts)Judge Slaps Down Kyle Rittenhouses Request to Dismiss Wrongful Death Suit
John Huber, the father of Anthony Huber, has accused Rittenhouse and law enforcement of conspiring to harm protesters
February 1, 2023
https://www.rollingstone.com/politics/politics-news/kyle-rittenhouse-wrongful-death-lawsuit-judge-ruling-1234672563/
................ While the lawsuit was originally filed against Wisconsin law enforcement in 2021, Rittenhouse was added as a defendant in January of last year. John Huber, the father of Anthony Huber, has accused Rittenhouse of conspiring with law enforcement to harm protesters.
Despite counter claims from law enforcement and Rittenhouse, and reports that Rittenhouse went to great lengths to avoid being served, Adelman determined that Hubers complaint adequately pleads federal and state claims against the governmental defendants and Rittenhouse.
The complaint alleges that Rittenhouse and other armed counter-protesters were subject to a different set of rules and were allowed to move about freely in areas controlled by the Law Enforcement Defendants, in contrast to the treatment of protesters. Despite openly carrying a rifle, the complaint states that Rittenhouse was never questioned by authorities. At the time, Rittenhouse was a minor unauthorized to possess such a weapon. The lawsuit further alleges that law enforcement [forced] protestors into a confined area with hostile, armed individuals, and failed to protect the protestors from violence perpetrated by the armed individuals, resulting in Hubers death.
Adelman stated in his ruling that Hubers death could have been proximately caused by the actions of the governmental defendants. The judge described the complaint as alleging that the only reason Rittenhouse was allowed to walk away after shooting three people was because he was white and because he was affiliated with the armed individuals.................................