Categories
Uncategorized

Editorial: Kyle Rittenhouse and the Kenosha Police Department are likely to face civil liability for the Kenosha Lynching deaths

Kyle Rittenhouse is almost certain to face civil trials for deaths of Joseph Rosenbaum and Anthony Huber, and the injury of Gaige Grosskreutz. Civil liability may also fall on the Kenosha Police Department for conspiracy against rights and deprivation of rights under color of law.

In a criminal case, the prosecutor has to prove beyond a reasonable doubt that the defendant is guilty. In a civil case, it’s only necessary to prove that the defendant willfully engaged in reckless or criminal behavior that led to permanent injury or loss of life. It is also highly unlikely that Rittenhouse will have a quirky MAGA judge to protect him in a civil proceeding, which should make it possible for a lawyer who brings suit to cross-examine Rittenhouse far more aggressively, to ask him about his ties to the group “The Proud Boys”. A plaintiff whose counsel was able to focus in on Rittenhouse’s nationalist leanings, and his contempt for Civil Rights activists, would be far more likely to prevail in Civil Court. There is also the possibility that with Rittenhouse currently planning to appear on right-wing propagandist Tucker Carlson’s FOX News program, that he will “say the quiet part out loud”, and in the process of boasting about his acquittal, end up providing a wealth of evidence to establish his nationalist leanings, and portray him as someone who viewed himself as a “white knight” who took his AR-15 and ran into a political protest intending to punish people of color and the white protesters that supported them, for insulting his notions of white supremacy.

From a framing standpoint, lawyers for civil plaintiffs need to point out that the Rittenhouse verdict represents a step back to the Jim Crow era, and that a victim of murder does not have to be of a different race for that murder to be racially motivated. The Civil Rights Martyrs page on the Southern Poverty Law Center website lists a number of white civil rights activists who were murdered for trying to promote equal rights for African-Americans in Jim Crow states. The racist hates the white liberal who calls for equal rights for all regardless of race, just as much as he hates people of color. The racist sees the white liberal as a “traitor to his race” who must be punished. Plaintiffs should be able to win relief if they can successfully portray Rittenhouse as a reckless child caught up in white supremacist ideology who walked into a crowd of civil rights protesters armed with an AR-15, intending to punish them for insulting his notions of white supremacy.

A far more interesting dilemma exists for the Kenosha Wisconsin police department. Lawyers for family members of the deceased may choose to file a case in Federal Court under  42 USC § 1983 Civil action for deprivation of rights, for violation of 18 USC § 241: Conspiracy against rights and 18 USC § 242: Deprivation of rights under color of law. The decision to completely ignore the need for de-escalation during a racial justice protest, and to allow armed counter-protesters to circulate throughout the protest area represents at least gross negligence, if not an obvious intent to threaten and intimidate Civil Rights activists in violation of their 1st and 14th Amendment rights. In the Supreme Court case United States v. Price, the court held that: “To act under color’ of law does not require that the accused be an officer of the State. It is enough that he is a willful participant in joint activity with the State or its agents.”.  In United States v. Price, the joint activity consisted of police releasing three individuals from a prison, because those police intended to let a group of private individuals lynch the three prisoners. The Kenosha case is palpably similar in that the fraternization of police and armed vigilante protesters, constituted an informal deputization in the exact manner described in U.S. v. Price. Police allowed armed right-wing vigilantes to access and circulate throughout the full range of the protest area, because they intended for those right-wing vigilantes to intimidate and harass the protesters. That conspiracy between the Kenosha Police department and right wing extremists constituted not just an attempt to violate the 1st and 14th Amendment rights of Civil Rights activists, but also led to the death of two of those activists, and the serious injury of a third. The ultimate goal of action against the Kenosha Police department should be the removal of those individuals who willingly engaged in this kind of behavior, and plaintiffs would maximize their chances of a successful proceeding if they frame their concerns as a matter of protecting civil rights, and would offer to waive any claim for financial relief in lieu of having those officers who engaged in that reckless deputizing of right wing extremists fired from the department, and barred from ever working for the Kenosha Police Department ever again.

Kyle Rittenhouse is likely to face civil liability for the lynchings of civil rights activists in Kenosha Wisconsin. Counsel for plaintiffs should frame their arguments by comparing what happened in Wisconsin to violence by white supremacists during the 1950s and 60s. Rittenhouse should be portrayed as a reckless child caught up in right-wing ideology who ran into a crowd, armed with an AR-15 intended to punish civil rights activists for offending his notions of white supremacy. The Kenosha police department should also face civil action for improperly deputizing armed right-wing extremists to intimidate and harass civil rights protesters, in violation of their 1st and 14th Amendment rights.

Created by potrace 1.16, written by Peter Selinger 2001-2019

Nobody knows more about central banking

25 minutes ago

Orange Felon declassifies JFK, RFK, and MLK assassination files

1 hour ago

Mike Johnson killed Cassidy Hutchinson subpoena over fears she would testify about sexually explicit texts House GOP sent her

2 hours ago

Federal judge blocks Trump’s birthright citizenship order

3 hours ago

FBI raids Rhode Island immigration lawyer’s office

4 hours ago

Remote island off Antarctica in path of trillion-ton iceberg

5 hours ago

WATCH LIVE: Globalist pretends he isn’t one in Davos address

6 hours ago

Trump pulls security detail from Mike Pompeo, former top aide

6 hours ago

Gasoline costs 3 cents more per gallon than it did a week ago

7 hours ago

Ketamine Brain grateful for some Jew cred to back him up here

8 hours ago

Nashville school shooter was influenced by Candace Owens

8 hours ago

Fox News reports new Papist plot to undermine US sovereignty

9 hours ago

“Episode 5 started with small spatter fountains”

10 hours ago

Mississippi Dem intros “Life Begins at Erection” Act

10 hours ago

Border Patrol ordered to summarily deport asylum claimants

11 hours ago

“A country that lives in forest”

19 hours ago

Orange Antichrist names zealot to lead US media agency

21 hours ago

New fire threatens jail in Los Angeles County

23 hours ago

Fired House Intel Chair worried replacement will be too focused on “Deep State” circlejerks rather than actual threats to America

24 hours ago

Nancy Mace eyeing gubernatorial run

1 day ago

House GOP to continue investigating January 6th investigation

1 day ago

MAGA Congressman publicly badgers “moderate” colleague

1 day ago

Military to deploy 1,500 troops to border

1 day ago

Insurrectionist considering inviting pardonees to White House

1 day ago

Tim Burchett fucking sucks at whataboutery

1 day ago

Kremlin asset posts some kayfabe

1 day ago

Mike Johnson shreds presidential pardon abuse

1 day ago

Depressed fish healthier after being provided with fake humans

1 day ago

Floridians warned not to eat snow

1 day ago

This never would’ve happened if Kamala Harris had been elected

1 day ago

Reich DOJ orders investigations of local officials obstructing ICE

1 day ago

Michigan Secretary of State tweets, deletes gubernatorial launch

1 day ago

Why do we need more details?

1 day ago

Murdochs apologize to Prince Harry over paparazzi bullshit

1 day ago

Orange Satan demands apology from Christian

1 day ago

“Yeah, we’re talking about conditions to this disaster aid”

2 days ago

Kash Patel was hired to a DEI internship in 2003

2 days ago

ChiComs execute man convicted in vehicular massacre

2 days ago

WATCH LIVE: Fat idiot says stupid shit to reporters

2 days ago

Orange Overlord tells Senate he’s looking at recess appointments

2 days ago

John Bolton informed Trump allowing him to be murdered by Iran

2 days ago

Dudu Fisher to perform at Chabad Jewish Center in Coral Springs

2 days ago

Hegseth’s ex-sister-in-law submits affidavit alleging abuse

2 days ago

Trump to announce AI Infrastructure Week

2 days ago

National security means arresting kids at school

2 days ago

Tiny D dutifully follows Trump executive order

2 days ago

Nikki Haley denaturalized

2 days ago

WATCH LIVE: Shrill harpy faces confirmation hearing

2 days ago

Family members of US military among Afghans fucked by Trump

2 days ago

MAGA arsonist and wife, dressed as firefighters and driving old auction-bought fire truck, arrested trying to enter Palisades area

2 days ago

x
x
x
x
x
x