Pittsburgh Post-Gazette

Michael Brown’s parents file lawsuit against Ferguson

- By Jim Salter

CLAYTON, Mo. — Michael Brown’s parents filed a wrongful-death lawsuit against the city of Ferguson, Mo., on Thursday, opening a new chapter in the legal battle over the shooting that killed their son and sparked a national protest movement about the way police treat blacks.

Attorneys for Mr. Brown’s parents promised the case would bring to light new forensic evidence and raise doubts about the police version of events. Some of that evidence, they said, had been overlooked in previous investigat­ions.

“The narrative of the law enforcemen­t all across the country for shooting unarmed people of color is the same: That they had no other choice,” attorney Benjamin Crump said. “But time and time again, the objective evidence contradict­s the standard police narrative.”

Mr. Brown’s parents, Lesley McSpadden and Michael Brown Sr., attended a news conference announcing the lawsuit outside the St. Louis County Courthouse. A tear rolled down Ms. McSpadden’s cheek as Mr. Crump spoke.

“It’s all part of the journey,” she said.

The case had been expected for months. If it comes to trial, the lawsuit could force a full review of all the evidence in the shooting and bring key witnesses to be questioned in open court, including Darren Wilson, the white officer who shot Mr. Brown. Officer Wilson and former Ferguson Police Chief Tom Jackson also were named in the complaint.

Civil cases generally require a lower standard of proof than criminal cases. Jurors must base their decision on a prepondera­nce of evidence, not proof beyond a reasonable doubt, which is the standard needed to convict in a criminal trial.

A Ferguson city spokesman declined to comment, citing the pending litigation. Messages left for an attorney for Officer Wilson were not immediatel­y returned.

Mr. Jackson declined to discuss the lawsuit, telling The Associated Press that he was unaware of it until a reporter told him and had not had a chance to review the allegation­s.

Mr. Brown, 18, was unarmed and walking in the street with a friend on Aug. 9 when Officer Wilson told them to move to the sidewalk.

The lawsuit alleges that Officer Wilson told the two to “get the [expletive] out of the street,” causing tension to escalate. Without the “unnecessar­y and unwarrante­d profane language,” the encounter would have been “uneventful,” it says.

Moments later, Officer Wilson and Mr. Brown became involved in a scuffle through the open window of the officer’s police vehicle. Officer Wilson shot Mr. Brown after the scuffle spilled into the street.

Some witnesses said Mr. Brown appeared to be trying to surrender, but Officer Wilson said Mr. Brown was moving toward him aggressive­ly, forcing him to shoot.

The attorneys said they planned to cite Officer Wilson’s own initial comments to a supervisor in which, according to the lawsuit, he said Mr. Brown had his arms raised moments before the shooting.

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