The Ins and Outs of the Civil Lawsuit That Could ‘Indict’ Darren Wilson and Ferguson Police 

In light of the grand jury’s decision to shield Officer Darren Wilson from criminal charges, The Root asked a legal expert to weigh in on the civil lawsuit and the civil rights charge that Brown’s parents and the Justice Department could pursue.

The area around St Louis prepares for the grand jury decision in the shooting death of Michael Brown by Darren Wilson, a Ferguson, Mo., police officer.
The area around St Louis prepares for the grand jury decision in the shooting death of Michael Brown by Darren Wilson, a Ferguson, Mo., police officer. JOE RAEDLE/GETTY IMAGES

Monday the public learned that a Missouri grand jury found that it did not have sufficient evidence to indict Michael Brown’s shooter, police Officer Darren Wilson.

People are angry and disappointed, but the legal system may not be through with Wilson—or the Ferguson, Mo., Police Department that employs him (although reportedly not for long).

There are “wrongful death” lawsuits that can be filed against Wilson, as well as the civil rights violation charge that the Justice Department can bring against him and regarding the overall conduct of the Ferguson Police Department.

Eric Guster, an attorney and legal expert based in Birmingham, Ala., helped The Root sort through all the pending legal matters that Wilson might find himself embroiled in even after dodging a criminal charge Monday.

1. Even though Wilson was not charged with Brown’s death, can Brown’s parents file a civil suit against Officer Darren Wilson and the Ferguson Police Department?

Yes. Brown’s parents—Lesley McSpadden and Michael Brown Sr.—can sue Wilson for damages in a civil trial, according to Guster. Instead of having to prove Wilson’s guilt beyond a reasonable doubt—such as is the case in criminal proceedings—they’ll have to prove that there is a “preponderance of the evidence” to hold Wilson liable for damages in the wrongful death of their son.

For context, Oscar Grant’s mother (a handcuffed Grant was shot in the back by a transit officer in Oakland, Calif.) was reportedly awarded $1.3 million—and his daughter $1.5 million—when they filed a civil suit against the Bay Area Rapid Transit system. The payment settled a “wrongful death and civil rights lawsuit” filed against BART in federal court by Grant’s family in 2009, a CBS affiliate in San Francisco reported.

2. Since Wilson was not charged, will that influence how strong a case Brown’s parents will have if they decide to file a civil lawsuit against Wilson?

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