«Breaking News» Ex-cop, Minneapolis want to put shooting lawsuit on hold

A former American police officer who gunned down an Australian woman wants to delay her family's $70million (US$50million) civil rights lawsuit.

The city of Minneapolis and Mohamed Noor - the officer who shot and killed Justine Ruszczyk Damond - have asked a federal judge to put the civil rights lawsuit on hold while a criminal case is pending.

Lawyers for Noor said the civil case should be delayed in the 'interests of justice' and argued Noor wouldn't be able to fairly defend himself in both trials. 

The 40-year-old life coach called 911 to report a possible sexual assault in an alley behind her home (Justine pictured left with her partner, Don)

 The city of Minneapolis and Mohamed Noor (pictured) have asked a federal judge to put the civil rights lawsuit on hold while a criminal case is pending

Damond's family disagrees and said they deserve answers and the cases should proceed.  

In July, Damond's father sued Noor, his partner, the city and the current and former police chief, alleging his daughter's rights were violated.

He also accused officers of conspiring to cover up facts surrounding the shooting, and of making a conscious decision not to activate body cameras.

Attorneys for Noor say the criminal and civil cases are intertwined, and that Noor can't invoke his constitutional rights in his criminal trial while defending the civil claims.

In July, Damond's father sued Noor, his partner, the city and the current and former police chief, alleging his daughter's rights were violated

'If this case is not stayed, Noor will be forced to either claim his Fifth Amendment privilege and risk that decision being used against him in this case, or to vigorously defend this case and risk the prosecution using Noor's defense to pursue the criminal case,' attorney Matt Forsgren wrote.  

Noor is charged with murder and manslaughter in the July 15, 2017 after he shot and killed Damond. 

The 40-year-old life coach called 911 to report a possible sexual assault in an alley behind her home.

Noor has not spoken to investigators, invoking his constitutional right against self-incrimination. 

 Noor is charged with murder and manslaughter in the July 15, 2017 after he shot and killed Justine Ruszczyk Damond

He has since been fired and no trial date has been set. 

He has not formally entered a plea, but his criminal defense attorney indicated in April that Noor intends to plead not guilty.

'Either way, given the nature of the allegations in the civil and criminal actions, Noor is unable to effectively defend himself in both actions simultaneously,' he added. 

Attorneys for the other defendants echoed that, saying they can't get evidence to defend themselves from civil claims while Noor invokes the 5th Amendment.

The Hennepin County Attorney's Office, which is not part of the civil proceedings, has also asked the judge to pause the civil case while the criminal case is pending. 

Mohamed Noor (pictured) has not spoken to investigators, invoking his constitutional right against self-incrimination

Prosecutor Beth Stack argued there is strong interest in avoiding prejudicing a jury pool, and noted that evidence in the criminal case is under a protective order to bar wide dissemination.

Once the state criminal trial has been conducted, all the evidence will be public 'and this civil litigation can proceed without jeopardizing the important criminal justice interests at stake,' she wrote.

Robert Bennett, an attorney for Ruszczyk, argued against delaying the civil proceeding.

He said in court filings that he would be willing to agree to a protective order or other controls to ensure that Noor's 5th Amendment assertions would have no effect on the criminal prosecution or defense.

The shooting of Damond, a dual Australian-U.S. citizen who had been living in Minnesota for more than two years.

The 40-year-old life coach called 911 to report a possible sexual assault in an alley behind her home

Link hienalouca.com

https://hienalouca.com/2018/09/15/ex-cop-minneapolis-want-to-put-shooting-lawsuit-on-hold/
Main photo article A former American police officer who gunned down an Australian woman wants to delay her family’s $70million (US$50million) civil rights lawsuit.
The city of Minneapolis and Mohamed Noor – the officer who shot and killed Justine Ruszczyk Damond – have asked a federal judge to...

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Dianne Reeves US News HienaLouca





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