ST. LOUIS • A federal judge here on Tuesday dismissed four counts of a wrongful-death lawsuit filed by the parents of Michael Brown Jr., who was shot by a police officer in Ferguson. But other counts continue to proceed toward trial.
The dropping of two was not in dispute, as they dealt with claims related to state civil rights matters, U.S. District Judge E. Richard Webber said.
Two other counts, dealing with claims against former Ferguson police chief Thomas Jackson and former Officer Darren Wilson, were dismissed as “redundant,” Weber said. He said the Browns could refile those claims if the corresponding counts were dismissed later for other reasons.
In a hearing that dealt mainly with legal technicalities, Webber declined to dismiss two other counts challenged by the city. He said those might fall later, because Brown’s parents may not be able to make those claims for an adult child. Brown was 18 when he was fatally shot by Wilson on Aug. 9.
Lawyers for the city said that the family cannot make certain constitutional claims on behalf of Brown. But Brown family lawyer Jasmine Rand said that Brown was not independent of his parents. He was living with family and was still being supported by his parents, she told Webber.
Webber said that he would allow the Brown family lawyers time to explore whether the existence of a city insurance policy means that Ferguson cannot claim “sovereign immunity” against another part of the lawsuit.
The case was originally filed in St. Louis County Circuit Court but was moved at the request of the defense, which said it brings up constitutional issues better dealt with in federal court.
The suit claims the city fostered a culture of hostility that helped lead to Brown’s death in a confrontation with Wilson. Separate investigations by a St. Louis County grand jury and the U.S. Department of Justice found that Wilson acted within the law.





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