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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsZimmerman will be sued in civil court, and could face federal civil rights charges
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hlthe2b
(102,230 posts)the Feds tend to do so only when the state refuses to prosecute or seriously undercharges.
FBaggins
(26,729 posts)The first is a possibility. A win would be unlikely, but the family can hit back with the suit and should be able to.raise support without much trouble.
The feds won't touch it.
ZRT2209
(1,357 posts)few will take him seriously
The same Al Sharpton that defended Twana Brawley and condemned the La Cross players?
Sorry if I don't get excited about anything Al Sharpton says he's going to do.
Blackford
(289 posts)premium
(3,731 posts)
arely staircase
(12,482 posts)Travis_0004
(5,417 posts)Under FL law, since he has been found not guilty, he can not be sued in civil court.
The civil rights violation is a federal issue not a state issue. Zimmerman can be found guilty of the civil right violation just as O.J. was found guilty.
hifiguy
(33,688 posts)civil action. You cannot be found "guilty" in a civil trial.
But Zim is immunized against any civil action in a state court according to everything I have seen. And I wouldn't hold my breath for federal civil rights charges. There are dope growers and MMJ clinics to bust. Priorities, after all, priorities.
premium
(3,731 posts)he was civilly sued in CA by the father of Ron Goldman, Fred Goldman.
Wrongful death civil trial
On February 5, 1997, a civil jury in Santa Monica, California unanimously found Simpson liable for the wrongful death of and battery against Goldman, and battery against Brown. Daniel Petrocelli represented plaintiff Fred Goldman, Ronald Goldman's father. Simpson was ordered to pay $33,500,000 in damages. However, California law protects pensions from being used to satisfy judgments, so Simpson was able to continue much of his lifestyle based on his NFL pension. In February 1999, an auction of Simpson's Heisman Trophy and other belongings netted almost $500,000. The money went to the Goldman family.
A 2000 Rolling Stone article reported that Simpson still made a significant income by signing autographs. He subsequently moved from California to Miami. In Florida, a person's residence cannot be seized to collect a debt under most circumstances. The Goldman family also tried to collect Simpson's NFL $28,000 monthly pension[30] but failed to collect any money.[31]
On September 5, 2006, Goldman's father took Simpson back to court to obtain control over his "right to publicity" for purposes of satisfying the judgment in the civil court case.[2] On January 4, 2007, a Federal judge issued a restraining order prohibiting Simpson from spending any advance he may have received on a canceled book deal and TV interview about the 1994 murders. The matter was dismissed before trial for lack of jurisdiction.[2] On January 19, 2007, a California state judge issued an additional restraining order, ordering Simpson to restrict his spending to "ordinary and necessary living expenses".[2]
On March 13, 2007, a judge prevented Simpson from receiving any further compensation from the defunct book deal and TV interview. He ordered the bundled book rights to be auctioned.[32] In August 2007, a Florida bankruptcy court awarded the rights to the book to the Goldman family to partially satisfy an unpaid civil judgment. The book was renamed If I Did It: Confessions of the Killer, with the word "If" reduced in size to make it appear that the title was "I Did It: Confessions of the Killer". Additional material was added by members of the Goldman family, investigative journalist Dominick Dunne, and author Pablo Fenjves. The Goldman family was listed as the author
http://en.wikipedia.org/wiki/OJ_Simpson#Wrongful_death_civil_trial
dballance
(5,756 posts)I don't see how the Feds could make much of a good case for hate crimes when a jury found it was self-defense. That's a hill a little too high to try to climb in my opinion. I think it's a no-win for the Feds.
If Zimmerman had been found guilty of, at least, manslaughter and the Feds felt his sentence wasn't harsh enough then they might, and I say might, have gotten involved with a hate crimes case.
Rstrstx
(1,399 posts)As pissed as the Obama's probably are about this verdict I don't think any instructions will come down from the DOJ to file charges. Personally I wish they'd do it but there are some pressing upcoming issues that the WH would rather spend political capital on (and it IS one of those issues that is highly charged, don't think for a minute the R's would hesitate to use this against the WH on totally unrelated issues).
What I'm confused about is whether or not the Martin family has a right to bring a civil suit in a federal court.
Ultimately I think that there is too much wiggle room in the law that lets people literally get away with murder. For all of you more knowledgable on federal vs state laws, could a federal law be enacted that would override a state's Stand Your Ground (or even self-defense) laws? Something like a Martin Trayvon bill making this sort of crap illegal would be I think the best way to handle this, especially if it makes every wingnut representative going on record against it.
There is just something fundamentally morally wrong with what Z did and evidently the laws in Florida (and elsewhere undoubtedly) provide an escape route for those looking for one.
dballance
(5,756 posts)I'm not an attorney but I'm going to go out on a limb and say it's unlikely that would fly. I'm not at all familiar with the federal code so I'll have to do the googles and see if that's ever been done before or if there are even federal laws under which a civil suit could be brought. I'm not sure there are any. The civil suit filed by MLK Jr.'s family was in TN state court since that's where the assassination happened.
I think it would be likely a federal judge might throw it out on the basis the jury found it was self-defense and at no time during the trial was there talk of anything other than profiling. No talk of Zimmy being such a racist pig that it was a hate crime.
Again, I'm not a lawyer but I think a criminal jury finding it was self-defense is going to make it though for any further actions. I'm pretty sure I saw in earlier posts that in FL a civil suit cannot be brought in the case of self-defense. I don't know if that's true ot not but it does kind of make sense.
Rstrstx
(1,399 posts)...if Zimmerman committed a federal offense that entitled the Martin family to some sort of civil remedy I think it's entirely possible. I'm pretty sure it's Title VII of the Civil Rights Act, for example, that lets individuals sue employers for monetary damages. I know an individual can seek relief in a federal court, what I can't remember is whether an office like the EEOC must file a complaint on their behalf before proceeding to trial.
I'm trying to think of a federal civil law that may have been violated, someone help me out here.
Rstrstx
(1,399 posts)Help me out please
Here in Section 1983 or Title 42 of the US Code (part of the Civil Rights Act of 1871), it states that
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer...
Someone educate me, would this have anything to do with this case?
BainsBane
(53,031 posts)I don't believe they have the evidence to establish a hate crime. Civil court--yes, of course.
