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Michael Brown’s Parents File Lawsuit Against Ferguson

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Lesley McSpadden, left, and Michael Brown Sr., right, the parents of Michael Brown, listen as their attorney Anthony D. Gray speaks during a news conference Thursday, April 23, 2015, in Clayton, Mo. The parents of Michael Brown filed a wrongful-death lawsuit Thursday against the city of Ferguson, Mo., over the fatal shooting of their son by a white police officer, a confrontation that sparked a protest movement across the United States. (AP Photo/Jeff Roberson)

Lesley McSpadden, left, and Michael Brown Sr., right, the parents of Michael Brown, listen as their attorney Anthony D. Gray speaks during a news conference Thursday, April 23, 2015, in Clayton, Mo. The parents of Michael Brown filed a wrongful-death lawsuit Thursday against the city of Ferguson, Mo., over the fatal shooting of their son by a white police officer, a confrontation that sparked a protest movement across the United States. (AP Photo/Jeff Roberson)

JIM SALTER, Associated Press

CLAYTON, Mo. (AP) — Michael Brown’s parents filed a wrongful-death lawsuit against the city of Ferguson 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 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.”

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 McSpadden’s cheek as 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 Brown. Wilson and former Ferguson Police Chief Tom Jackson were also 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 Wilson were not immediately returned.

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.

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

The lawsuit alleges that 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, Wilson and Brown became involved in a scuffle through the open window of Wilson’s police vehicle. Wilson shot Brown after the scuffle spilled into the street.

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

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

Brown’s death led to weeks of sometimes-violent demonstrations and spawned a national “Black Lives Matter” movement seeking changes in how police deal with minorities. In the end, local and federal authorities ruled that the shooting was justified.

In the months since Brown was killed, unarmed blacks have been fatally shot by police in Wisconsin, California, Oklahoma, South Carolina and elsewhere. Unlike Brown’s death, some of those shootings were caught on video.

A St. Louis County grand jury and the U.S. Justice Department declined to prosecute Wilson, who resigned in November. But the Justice Department released a scathing report citing racial bias and racial profiling in the Ferguson Police Department and in a profit-driven municipal court system that frequently targeted blacks.

After the report, several city officials resigned, including Jackson, the city manager and a municipal judge. The municipal court clerk was fired for racist emails, and two police officers resigned over racist emails of their own.

Crump and another attorney for the family, Daryl Parks, said the lawsuit will include evidence that was ignored by the grand jury and the Justice Department, including bullets allegedly fired by Wilson found in buildings.

Civil suits often unfold much differently than criminal matters.

Two decades ago, football star O.J. Simpson was acquitted of the slayings of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. But a civil jury awarded the Brown and Goldman families $33.5 million in wrongful-death damages.

The family of Amadou Diallo, an unarmed man killed by New York police in 1999, settled with the city for $3 million in 2004 after filing a $60 million lawsuit. The city did not admit any wrongdoing. The settlement came after four officers indicted in his shooting were acquitted of second-degree murder and reckless endangerment.

Wrongful-death lawsuits have been filed in other recent high-profile cases, too.

In New York, the family of Eric Garner is seeking $75 million in damages. Garner, who was black and had asthma, died in July after a white plainclothes officer applied what a medical examiner determined was a chokehold. Garner was accused of selling loose, untaxed cigarettes on a city street.

___

Associated Press Writer Jim Suhr in St. Louis contributed to this report.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Activism

U.S. House Minority Leader Hakeem Jeffries Speaks on Democracy at Commonwealth Club

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages. Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

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: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.
: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.

By Linda Parker Pennington
Special to The Post

House Minority Leader Hakeem Jeffries addressed an enthusiastic overflow audience on Monday at San Francisco’s Commonwealth Club, launching his first book, “The ABCs of Democracy.”

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages.

Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

Less than a month after the election that will return Donald Trump to the White House, Rep. Jeffries also gave a sobering assessment of what the Democrats learned.

“Our message just wasn’t connecting with the real struggles of the American people,” Jeffries said. “The party in power is the one that will always pay the price.”

On dealing with Trump, Jeffries warned, “We can’t fall into the trap of being outraged every day at what Trump does. That’s just part of his strategy. Remaining calm in the face of turmoil is a choice.”

He pointed out that the razor-thin margin that Republicans now hold in the House is the lowest since the Civil War.

Asked what the public can do, Jeffries spoke about the importance of being “appropriately engaged. Democracy is not on autopilot. It takes a citizenry to hold politicians accountable and a new generation of young people to come forward and serve in public office.”

With a Republican-led White House, Senate, House and Supreme Court, Democrats must “work to find bi-partisan common ground and push back against far-right extremism.”

He also described how he is shaping his own leadership style while his mentor, Speaker-Emeritus Nancy Pelosi, continues to represent San Francisco in Congress. “She says she is not hanging around to be like the mother-in-law in the kitchen, saying ‘my son likes his spaghetti sauce this way, not that way.’”

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MacArthur Fellow Dorothy Roberts’ Advocates Restructure of Child Welfare System

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

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Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.
Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.

Special to The Post

When grants were announced Oct. 1, it was noted that eight of the 22 MacArthur Fellows were African American. Among the recipients of the so-called ‘genius grants’ are scholars, visual and media artists a poet/writer, historian, and dancer/choreographer who each receive $800,000 over a five-year period to spend as they see fit.

 Their names are Ruha Benjamin, Jericho Brown, Tony Cokes, Jennifer L. Morgan, Ebony G. Patterson, Shamel Pitts, Jason Reynolds, and Dorothy Roberts. This is the eighth and last in the series highlighting the Black awardees. The report below on Dorothy Roberts is excerpted from the MacArthur Fellows web site.

A graduate of Yale University with a law degree from Harvard, Dorothy Roberts is a legal scholar and public policy researcher exposing racial inequities embedded within health and social service systems.

Sine 2012, she has been a professor of Law and Sociology, and on the faculty in the department of Africana Studies at the University of Pennsylvania.

Roberts’s work encompasses reproductive health, bioethics, and child welfare. She sheds light on systemic inequities, amplifies the voices of those directly affected, and boldly calls for wholesale transformation of existing systems.

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

This work prompted Roberts to examine the treatment of children of color in the U.S. child welfare system.

After nearly two decades of research and advocacy work alongside parents, social workers, family defense lawyers, and organizations, Roberts has concluded that the current child welfare system is in fact a system of family policing with alarmingly unequal practices and outcomes. Her 2001 book, “Shattered Bonds: The Color of Child Welfare,” details the outsized role that race and class play in determining who is subject to state intervention and the results of those interventions.

Through interviews with Chicago mothers who had interacted with Child Protective Services (CPS), Roberts shows that institutions regularly punish the effects of poverty as neglect.

CPS disproportionately investigates Black and Indigenous families, especially if they are low-income, and children from these families are much more likely than white children to be removed from their families after CPS referral.

In “Torn Apart: How the Child Welfare System Destroys Black Families—and How Abolition Can Build a Safer World (2022),” Roberts traces the historical, cultural, and political forces driving the racial and class imbalance in child welfare interventions.

These include stereotypes about Black parents as negligent, devaluation of Black family bonds, and stigmatization of parenting practices that fall outside a narrow set of norms.

She also shows that blaming marginalized individuals for structural problems, while ignoring the historical roots of economic and social inequality, fails families and communities.

Roberts argues that the engrained oppressive features of the current system render it beyond repair. She calls for creating an entirely new approach focused on supporting families rather than punishing them.

Her support for dismantling the current child welfare system is unsettling to some. Still, her provocation inspires many to think more critically about its poor track record and harmful design.

By uncovering the complex forces underlying social systems and institutions, and uplifting the experiences of people caught up in them, Roberts creates opportunities to imagine and build more equitable and responsive ways to ensure child and family safety.

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Activism

Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

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