Future of Ferguson lawsuit now certain
The future of Ryan Ferguson’s $100 million dollar lawsuit against the City of Columbia, and six police officers is standing on firmer ground.
The 8th District U.S. Circuit Court of Appeals ordered Judge Nanette Laughery to revisit her decision regarding throwing the lawsuit out due to qualified immunity. In that suit, Ferguson accuses six police officers of fabricating evidence, coercing witnesses, and for ignoring other suspects.
Ferguson spent nearly a decade in prison for the death of Columbia Tribune Sports Editor Kent Heitholt in 2001, prior to his conviction being overturned. The conviction was overturned after an appeals court ruled that, then prosecutor, Kevin Crane withheld evidence.
The appeals court decision wants Judge Laughrey to specifically rule on qualified immunity, a legal protection that keeps officers from civil liability during investigations. Brad Letterman, attorney for the six detectives, claimed none of them intentionally sought to violate Ferguson’s civil rights, and merely investigated the case based on available evidence and testimony.
The three-judge panel decided it lacked jurisdiction to rule on that argument, since Judge Laughrey’s 62-page opinion didn’t directly address it. While qualified immunity made a “brief cameo” in the opinion, they wrote, she did not lay out a full opinion on the issue.
Ferguson’s attorney, Kathleen Zellner stated via social media that the trial will happen. Zellner told ABC 17 News after the September hearing in St. Louis that she anticipated such a decision by the court, and expected Laughrey to toss out the qualified immunity argument.
