To the briefs: Some reading in Little Rock police shooting lawsuit | Arkansas Blog

Monday, February 27, 2017

To the briefs: Some reading in Little Rock police shooting lawsuit

Posted By on Mon, Feb 27, 2017 at 2:33 PM

click to enlarge JOSH HASTINGS: Wrangling continues on civil case against him in suspect's shooting death. - BRIAN CHILSON
  • Brian Chilson
  • JOSH HASTINGS: Wrangling continues on civil case against him in suspect's shooting death.
Late last week, the attorney for the plaintiff in the lawsuit over former Police Officer Josh Hastings' killing of a car burglary suspect asked for a rehearing of Judge Brian Miller's finding that the city and a former police chief could not be liable in the case.

The case on behalf of the mother of Bobby Moore, killed in 2012, continues against Hastings, whose two trials for manslaughter in the case ended in hung juries.

The judge dismissed the city in an order Jan. 27.

Friday, attorney Mike Laux filed an extensive pleading asking the judge to reconsider. His points include that he'd established an extensive record of Little Rock police conduct in deadly force cases and also that the police had failed to adequately investigate all the circumstances in the Moore shooting. Laux says additional evidence he's discovered, including witnesses and blood not tested, would have been sufficient to convict Hastings.

Most intersting to me is Laux's assertion that Miller decided the case on a non-existent court precedent. Judge Miller said in his dismissal of city officials, "Investigation of a complaint is sufficient as a matter of law to defeat a claim of deliberate indifference to prior misconduct." That sentence does not appear, however, in the 8th Circuit decision in a Little Rock case that Miller cited. It's apparently words issued by another federal district judge in the case, but Laux says it pertained to the specific circumstances of a particular police case, not as a general matter.

Miller said, however, that Laux hadn't demonstrated that police were aware or indifferent to past police conduct and thus couldn't be liable for Hastings.



Tags: , , , , ,


Favorite

Comments (3)

Showing 1-3 of 3

Add a comment

 
Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

  • How red are we?

    Election results in Arkansas were discouraging for Democrats and progressive voters.
    • Nov 15, 2018
  • Corporate welfare hostage-taking

    Wisconsin offers the latest example of what's wrong with corporate welfare and Arkansas figures in what amounts to a hostage situation.
    • Nov 14, 2018
  • Little Rock voting: Neighborhood matters

    Voting patterns in the race for 2nd District Congress might provide some clues on keys to victory in the runoff for Little Rock mayor.
    • Nov 14, 2018
  • More »

Readers also liked…

Slideshows

  • Arkansas vs Ole Miss at War Memorial stadium in Little Rock, Saturday, Oct. 13, 2018. After leading for much of the game, Arkansas lost 37-33 when Ole Miss scored the game winning Touchdown with less that 2 minutes left. 
  • Margaret Clark Adventure Park
    New sculptures, preschoolers play area dedicated in Riverfront Park in Little Rock.

Most Recent Comments

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation