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Judge dismisses lawsuit filed by Ferguson protestors

By J.A. Salaam -Staff Writer- | Last updated: Oct 13, 2016 - 11:17:06 PM

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Four police tackle a man during protests in 2014, in Ferguson, MO.

ST. LOUIS—A U.S. District Court judge has thrown out a $40 million civil rights lawsuit against police accused of using excessive force against demonstrators during unrest in nearby Ferguson, Mo. In August 2014.

According to St. Louis county electronic court records, U.S. District Judge Henry Autrey ruled in favor of motions filed by police, police officials, St. Louis County and the city of Ferguson. In his order, Judge Autrey wrote protesters “have completely failed to present any credible evidence that any of the actions taken by these individuals (officers) were taken with malice or were committed in bad faith.” Protesters were told to disperse, warnings of arrest and arrests followed the refusal of protestors to leave, he said.

Attorney Jeryl Christmas doesn’t agree with Judge Autrey’s decision. Judge Autrey was once a prosecutor and always sides with police, the St. Louis attorney told The Final Call. “This is a big case and should have gone to jury instead of letting the final decision be in the hands of one man. Those people were treated very bad out there, but once again this goes to show you how things are when it comes to us,” said the Black lawyer.

On August 28, 2014, weeks after the shooting death of unarmed Mike Brown Jr. By former Ferguson police Officer Darren Wilson, Attorney Malik Shabazz filed a lawsuit seeking $40 million in damages, for people who said they were pepper-sprayed, struck by rubber bullets and beaten by law enforcement officers. The suit was filed against former Ferguson Police Chief Thomas Jackson, St. Louis County Chief of Police Jon Belmar and a host of officers from the Ferguson and St. Louis police departments. The suit included five different cases in which police allegedly used excessive force on men, women and children in the streets of Ferguson. The scene in 2014 resembled a war zone, with a massive display of military vehicles, combat gear and weapons.

Dwayne Matthews, one of the Plaintiffs in the suit, explained an encounter with law enforcement in Ferguson. Mr. Matthews said he rode the bus to his mother’s home to make sure she was safe amid unrest in the city. He said he was confronted by eight officers dressed in military gear. He raised his hands but said he was still shot multiple times with rubber bullets.

Mr. Matthews said he fell into a puddle of water, had his head slammed on concrete, and was held under water until he couldn’t breathe and felt like he was about to drown.

“They started calling me nigga, mop head and coon,” said Mr. Matthews. When the lawsuit was filed, he told reporters he was bleeding all over his body. He was taken to a nearby hospital and released the next day, despite officers saying he was arrested for failure to disperse.

Another plaintiff, Tracey White, said she was with her son when they were arrested and she was physically abused by officers. “We were in the McDonald’s when my son went to go to the restroom. They (police) ordered me and other customers to get out,” asserted Ms. White in the lawsuit. She said officers threw her to the floor and handcuffed her as her son watched. She cried out to him to come get his iPad. When he attempted to get it, he was arrested, Ms. White continued. “We did nothing wrong,” she said. They were held for five hours and charged with “failure to disperse,” according to a police report.

Atty. Shabazz expressed displeasure with the judge’s decision that there was not enough evidence to go through with the lawsuit. “Clearly the decision to take our case away from the jury to try the facts of the case was an error and also a setback for justice in Ferguson,” said Atty. Shabazz.

Judge Autrey ruled individual police officers were “entitled to official and qualified immunity” from the lawsuit, and therefore their supervisors and St. Louis County were also entitled to immunity. Judge Autrey also noted many of the plaintiffs’ claims were not backed up by video evidence or other testimony.

Atty. Shabazz declined to say much more about the case but is optimistic about the lawsuit’s chances for eventual success. “The conservative, pro-police ruling flies in the face of the civil and human rights of the plaintiffs as well as countless innocent persons, people who were abused and violated without cause in the time period of the days after the Mike Brown killing by Darren Wilson. Our plaintiffs’ case should have been heard before a jury. We expect the decision to be overturned on appeal and the struggle continues,” he said.