Mike Brown Family Attorney: “May File Civil Suit Against Officer Darren Wilson and Ferguson Police Dept”…

[700PSS]

http://theconservativetreehouse.com/201 ... more-95628

The entire construct of the “Scheme Team’s” objectives is to file civil (wrongful death) lawsuits. This is their version of justice, albeit financial justice. The filing of wrongful death lawsuits is the entire reason why the Daryl Parks and Benjamin Crump law firm exist, and the entire reason why they were called upon by Mike Brown’s parents, Lesley McSpadden and Mike Brown.

In order for Benjamin Crump, Daryl Parks, and in this case local attorney Anthony Gray, to get the leverage they need for financial judgment they first need to establish a position of implied wrongful death. Ben Crump calls this “first base”, and requires “an arrest” – not a conviction, just an arrest. The arrest establishes the “probable cause” basis for both a criminal trial, and, more importantly, civil litigation.

The “probable cause” is what they need. This is also why in both the Trayvon Martin shooting and the Mike Brown shooting the family asks for an arrest: “all we want is an arrest”. Without a preceding basis for an arrest the hurdles to gain a wrongful death civil reward are much higher.

[L1A1Rocker]

I wonder if Wilson has grounds for a counter suit.

[whiterussian1974]

I wonder if Wilson has grounds for a counter suit.

Sure. He could sue the Deceased's Estate.
Or perhaps the parents. Do they have "attachable assests?"

[Bendersquint]

I wonder if Wilson has grounds for a counter suit.

Don't see why not since the deceased parents can sue him then why couldn't he sue them?

[whiterussian1974]

I wonder if Wilson has grounds for a counter suit.

Don't see why not since the deceased parents can sue him then why couldn't he sue them?

On which grounds?
If Deceased was under 18yrs (Minor) THEN Legal Guardians have fiduciary responsibility for their son's actions. Which Proximate Cause did they instigate?
He could sue for them having 10 fingers and 10 toes apiece. But it would never make it to jury. Judge would dismiss suit during pretrial motions.
And Parents' attorney is taking under contingency. Ofr Wilson's attorney wouldn't believe in Award enough to agree to contingency. He would demand Retainer and either fixed or hourly rate to pursue civil action.

[TROOPER]

This is a wholly irrelevant suit. Assuming for a nano-second that this was a winner, then Wilson would be on the hook for whatever the judgment was with certain caveats. Specifically, he is not required to liquidate his home, or dip into his ongoing income provided it is beneath a certain level. That level is at a point where someone on a cop's salary wouldn't be affected.

Any way, how can he be sued to begin with? Whatever he does during the lawful execution of his duties is exempt from civil-suit, right?

Every aspect of this is a loser: they can't sue due to legal protections afforded that profession... even if they could sue, the suit is a loser... and if they could sue and did win, Wilson's assets are "judgment proof".

No part of this makes sense, and it is all publicity - just like Obama and Holder looking into "civil rights" violations and then quietly announcing that "we shall not pursue action at this time". They never even could pursue, since there is, was, and never will be, evidence that this was race-based in any way. They just announced that -- just like with the Zimmerman debacle -- to make their free-cell-phone base happy and quiet.

Perhaps the reprobate mother of Mike "daisy-food" Brown can petition in the UN while wearing another pink, plastic wig -- because there is NO remedy in the US court system.

[whiterussian1974]

This is a wholly irrelevant suit. Assuming for a nano-second that this was a winner, then Wilson would be on the hook for whatever the judgment was with certain caveats. Specifically, he is not required to liquidate his home, or dip into his ongoing income provided it is beneath a certain level. That level is at a point where someone on a cop's salary wouldn't be affected.

Any way, how can he be sued to begin with? Whatever he does during the lawful execution of his duties is exempt from civil-suit, right?
... and if they could sue and did win, Wilson's assets are "judgment proof".

It varies be State. In some states that is true. Not in TX or apparently in MO.
And even if Ofr's is "non-attachable," it's necessary to NAME Ofr in suit when filing against Gov't Entity. It's known as Vicarious Liability.
However, Doctrine of Sovereign Immunity also limits State's liability. Basically, you need the Public's voice to demand that the State waives Sovereign Immunity to allow a Suit to proceed. (Though there are some exclusions to Soverign Immunity.)
You are correct about limits upon Attachable Assets. That's why I responded that counter-suing the Parents would be useless.
However, any savings that Wilson has accrued up to certain points in time are subject to attachment. If he spends that money after the suit is filed, he must liquidate other assets to bring funds back into the "trust" that Court may require during the Proceedings. This "Trust" is to provide assets to be attached if the Jugement requires them.
That's why I studied Asset Protection Law while I was a Corrections Ofr prior to attending the Police Academy. Irrevocable Trusts, LLCs and other Legal Entities are excluded from Attachment.
If Wilson has saved money for his kid's college, that can be taken. If he deposited money into an Irrevocable Living Trust for his child's benefit; that ISN"T attachable.
Something that NFA owners should consider.
That's why I offered to assist w Corporate filings for Members of this Board in another Thread. Firearms and other non-clothing assets ARE attachable if anyone ever files a nuisance suit against you!

[700PSS]

Umbrella Policy (personal liability policy) is always a good idea too. Covers acts "found" to be "negligent", even if they weren't, of course. Kicks in after your homeowner's liability is exceeded.

[whiterussian1974]

Umbrella Policy (personal liability policy) is always a good idea too. Covers acts "found" to be "negligent".

True. Deputies and presumably City Cops too are also required to be Bonded to Indemnify their Depts.
In this case, the Policy Underwriter would argue that Ofr Wilson's actions were definitely NOT negligent. He either KNEW that he was discharging his weapon, or Intended to do so. These are higher Culpable Mental States than Negligent.
Also, Umbrella Policies are often specific. They can carry riders for Commercial Use of Personal Dwelling, or acts committed while undertaking specific acts. A LE Umbrella would probably be issued via a Union or State Agency-linked Underwiriter.
Yet these CAN'T be counted upon. In fact, they often file a Petition to be held harmless once they are needed. My Deputies' Union refused to represent me when my Constable had me arrested for reporting his Corrupt Acts. viewtopic.php?f=132&t=132185
I would have had to sue them and prove my case in order for them to provide the Services that I had already purchased. Yet, it would cost more to prove my case against the Union than it would to sue the County Myself. So they make Profit driven decisions about whether or not they will adhere to their own Policies. !!!