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MO - Ryan Ferguson-$100M Wrongful Coviction Lawsuit

Discussion in 'Up to the Minute' started by jggordo, Mar 11, 2014.

  1. jggordo

    jggordo Well-Known Member

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    Ryan Ferguson has filed a lawsuit seeking damages for his "wrongful conviction". The lawsuit if some 50 pages long. He was released in November 2013 after nearly 10 years behind bars.

    http://www.abc17news.com/news/ryan-...it/-/18421100/24909514/-/68as31z/-/index.html

    "It was filed on the tenth anniversary of Ferguson's arrest.

    The suit named the city of Columbia, Boone County, former Boone County prosecutor Kevin Crane, former Columbia Police Chief Randy Boehm, and six Columbia police detectives.

    Ferguson and Zellner asked for $75 million in actual damages, $25 million in punitive damages, according to the 50 page document."
     
  2. jggordo

    jggordo Well-Known Member

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    "The Missouri Attorney General confirmed Tuesday he will not seek a retrial of 29-yea-rold Ferguson. Attorney General Chris Koster announced he will not retry or seek further legal action against Ferguson.

    Koster said in a statement: "After studying the appellate court's opinion in Ferguson v. Dormire and carefully reviewing the remaining known evidence in the case, the Attorney General's office will not retry or pursue further action against Ryan Ferguson at this time."


    "Last week, the Western District Court of Appeals overturned Ferguson's murder and robbery convictions. The appeals panel said the prosecutor's office had withheld evidence from defense attorneys and that Ferguson did not receive a fair trial."

    http://www.abc17news.com/news/state...son/-/18421100/22934310/-/9ttreg/-/index.html
     
  3. jggordo

    jggordo Well-Known Member

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    Ryan and his followers with FB as well as WS members has raised awareness to not only his wrongful conviction but also many others.

    This case is indicative as to how LE must handle evidence, interrogate suspects properly and that all involved in the convictions of crimes are done properly.

    When it is not it does two things. Someone could be improperly charged and incarcerated. And also the true killer could be still running the streets, and not held accountable.

    These are my opinions.

    https://www.facebook.com/FreedRyanFerguson
     
  4. jggordo

    jggordo Well-Known Member

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    This article link has to do with all the plaintiffs in his case. I believe there are 13.

    "Bill Ferguson, Ryan's father, said the civil case has been in the works for some time.

    "We want to have the federal lawsuit where we can demand accountability for the injustices Ryan suffered," Ferguson said.

    Henderson and Zellner's civil complaint lists 13 defendants:
    ◾Detective John Short
    ◾Detective Jeff Nichols
    ◾Detective Jeff Westbrook
    ◾Detective Bryan Liebhart
    ◾Detective Latisha Stroer
    ◾Detective Lloyd Simmons
    ◾Sergeant Stephen Monitcelli
    ◾Chief of Police Randy Boehm
    ◾The City of Columbia
    ◾Prosecutor's investigator Williams Haws
    ◾Prosecutor's investigator Ben White
    ◾Chief Prosecutor Kevin Crane
    ◾Boone County

    Of the police named in the complaint, only Detective Stroer is still employed by the Columbia Police Department. The others are retired or have moved on to other agencies.


    http://www.columbiamissourian.com/a...ights-case-against-crane-boehm-investigators/
     
  5. jggordo

    jggordo Well-Known Member

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    "Legal Experts weigh in on Ryan Ferguson $100M lawsuit "

    "The case is what is known as a "federal 1983" case, referring to the federal statute under which it is brought, 42 U.S.C. ยง1983. It allows people to sue federal employees or other "state actors," such as police officers or prosecutors, for violating their civil rights."


    http://www.columbiamissourian.com/a...suit-has-merits-but-will-be-difficult-to-win/
     
  6. Nova

    Nova Active Member

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    Good for the Fergusons! I wish them well.
     
  7. SeekingJana

    SeekingJana Well-Known Member

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    His story is on I.D. right now for anyone unfamiliar with the history.
     
  8. Blondie in Spokane

    Blondie in Spokane Well-Known Member

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    I just watched the 48 Hours episode on Ryan's case. I'm glad to see that he has written a book on his experiences which will be available in 2015.
     
  9. Snoods

    Snoods Active Member

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    I hope they win. I think a lot of lawsuits are frivolous, but this is one I fully stand behind.
     
  10. jggordo

    jggordo Well-Known Member

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  11. jggordo

    jggordo Well-Known Member

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    Columbia re-named as defendant in Ryan Ferguson lawsuit

    "U.S. District Court Judge Nanette Laughrey dismissed the claims against the city without prejudice on March 27, which left open the possibility for a re-filing.

    In the amended complaint, attorney Kathleen Zellner and her associates allege that the city had policies, practices and customs in place that denied Ferguson his constitutional rights. This makes the city responsible under a U.S. statute, according to the complaint.

    A claim that seeks to find a city liable for the actions of its employees is known as a "Monell claim," according to previous Missourian reporting."


    http://www.columbiamissourian.com/a/173186/columbia-re-named-as-defendant-in-ryan-ferguson-lawsuit/
     
  12. lawstudent

    lawstudent New Member

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    I followed this story but never really discussed it here.

    I initially very much believed in his innocence, and either way the cops did a horrible job with that investigation. I find his father's efforts to free him to be very admirable.

    I wish 48 Hours focused on investigating who may have done it instead of just constantly advocating for Ryan's innocence. That investigation was botched and they needed to spotlight that, but the advocacy is not really their role - they should keep working to uncover more of what happened instead of taking such a strong stance, given that they are journalists. I found it made me question things a bit more. They showed a sketch that really looked like him - were the cops showing the person who gave that description photos of Ryan as part of the pressure?

    I know the janitors' stories are suspect, but 48 hours implied that the female one was believable - but it is interesting she also indicates 2 young men - it just seems strange that no 2 other people were ever identified in such a bizarre crime that either seems to have been random and confused and not easily hidden or to have been personal and therefore easily traced. Two people who do a crime like that seem like they'd talk quite a bit eventually.

    I also always thought his friend was on a lot harder drugs - maybe he was. I thought like heavy sedatives or something that could really induce hallucinations. But alcohol and adderall or cocaine don't seem to really lend themselves to that type of false memory - the friend seems really messed up mentally probably largely unrelated to the drugs.

    The whole thing is so weird. I could believe he was totally innocent or that he did it (or watched his friend do it and panicked). All I know is the police really messed up, and that it is still not solved, and it's a horrible situation for everyone.

    I'd have to see how they have their compensation statute set up to see if it would give him anything. Sometimes they have bizarre ones.
     
  13. arielilane

    arielilane Justice for Morgan

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    I'm hoping the Ferguson's win this lawsuit!

    LE should have focused on Michael Boyd at the time that Ken Heiholt was murdered. Mr. Boyd was the last person to see Ken alive and also returned to the scene of the crime. :twocents:
     
  14. Blondie in Spokane

    Blondie in Spokane Well-Known Member

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    I too wondered why the two janitors' stories/alibis were not more of a focus.....they both seemed questionable.
     
  15. LinasK

    LinasK Verified insider- Mark Dribin case

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    The male janitor recanted his testimony that it was Kent & Erickson he saw. But I have to wonder why the defense attorneys for either of them didn't bring in the female janitor's testimony who claims she saw them drive away from the bar? She seemed very credible.
     
  16. Blondie in Spokane

    Blondie in Spokane Well-Known Member

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    thanks Linas....I was thinking that Michael Boyd was a janitor along with the female....forgot he was a direct co-worker of Ken's.
     
  17. LolaMoon08

    LolaMoon08 Well-Known Member

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    I think any and all wrongfully convicted men and women should get one-million-dollars per year they spent in prison. I know it's not the 100M he is asking for... but, I think 1M a year is very fair.

    Those wrongfully convicted and those who spent so much time imprisoned falsely should be compensated. They had no way to further their educations, work meaningful jobs and move up the latter of success, etc... They expect them to leave prison after so many years and be able to adapt to society after all those years? They do deserve compensation. Whether they are still young which could help them start the life they never had an opportunity to start in the first place... or whether they are elderly and have no way to ever enter the workforce again... they at least should be able to be taken care of in the last years of their lives.

    Yes, I am in 100% support of them getting compensation.
     
  18. LolaMoon08

    LolaMoon08 Well-Known Member

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    Okay... I really need to start clicking on links before posting!!

    I remember this case from I.D. Discovery well. The one who never admitted to the killing always struck me as very arrogant. I know the night of the murder, his own sister had gotten him and the friend into a bar because she knew people so that they could both drink underage (not cool). When the verdict was read... he showed no emotion at all. Maybe he was in shock??

    However... I always felt that the boy who did confess was off. There have been people who have seen a crime on the news and for some reason... they confess to it... even though all evidence points elsewhere.

    I need to do some more reading though because I don't know if I am convinced of their innocence?
     
  19. LinasK

    LinasK Verified insider- Mark Dribin case

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    Arrogance doesn't matter ( nor is the underage drinking relevant to this case) and it was probably shock. It was proven that it was a wrongful conviction based solely on the false confession of Erickson and the janitor who recanted. There was no blood or DNA evidence from either of them. Another janitor- a female saw them drive home from the bar, and there was a much better suspect- Michael Boyd who wasn't pursued. Erickson didn't even know what the murder weapon was- they spoon fed him that information in the interrogation!
     
  20. LolaMoon08

    LolaMoon08 Well-Known Member

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    Lina... you know I love you. I've been through other cases with you where we have 100% been on the same side. I'm just no so sure about this one?

    1) A female Janitor saw them drive home from the bar? Did she follow them? See them pull in the driveway? Watch them enter the home? Was she on duty? Was she on her way home and just happened to be going in the same direction... to the point where she seen them pull in, leave the vehicle, and go into the home?

    2) I see another janitor has recanted his testimony. However... I have to question why? No offense, but the family reminded me so much of the Anthony's when I seen their case featured on ID/Discovery. I just had really bad vibes about them and their son/brother. HIS arrogance didn't help to ease my feelings. Nor did the families attitude.

    3) As for the friends "false testimony." I DO agree he seemed off. I have, as well as you have, seen cases where crazy people confess to a crime just because they've seen it in the media. However... I just don't know?

    4) I do think the underage drinking is relevant. No one knows what else these boys were doing. At the time of the "false confession" there was no way to prove what all the boys were on that night.

    5) DNA evidence. We had all the DNA evidence in the world to convict Casey Anthony and she is free. I DO trust DNA evidence... but, was there even ANY DNA evidence left behind? At all?

    I am not convinced either way. My mind tells me they have the right people. My heart half-way tells me they have the right people. But, a little tells me they might be innocent.
     

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