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ST. LOUIS — The U.S. Supreme Court has declined to hear an appeal from a friend who witnessed the fatal shooting of Michael Brown, filed a civil suit alleging his rights were violated and had the suit thrown out by a federal appellate court.

Dorian Johnson was with Brown when Brown was shot and killed by Ferguson police Officer Darren Wilson in 2014. 

Johnson's attorneys argued that his rights were violated when Wilson stopped the pair.

Johnson's suit had gone back and forth a number of times  through lower courts. 

In September, Johnson's attorneys said in their appeal to the Supreme Court that the case hinged on "whether a momentary hesitation before fleeing, without compliance to an officer’s order or the ability of the officer to enforce the order, constitutes actual submission for purposes of a seizure.”

In October, counsel representing the city of Ferguson and Wilson responded that "there was no seizure because Johnson could merely have complied with the police officer’s directive and moved to the sidewalk."

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Previous courts also ruled that Johnson's rights were not violated because Johnson was free to go. 

However, Johnson's counsel argued in a response Nov. 5  that when Johnson ran from Wilson when Wilson fired his gun, he was running for his life and was not obliged to stand his ground to prove his rights were being violated.

In a decision released Monday, the Supreme Court denied the appeal, sending the memo out Tuesday.

Both counsels did not return request for comment Tuesday night. 

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