upper waypoint

BART Excused From Oscar Grant Civil Lawsuit

Save ArticleSave Article
Failed to save article

Please try again

Wanda Johnson, the mother of Oscar J. Grant III, is comforted by her supporters outside the Los Angeles Superior Court after Johannes Mesherle was sentanced to voluntary manslaughter. Mark Ralston/AFP/Getty

A $50 million civil case about the shooting death of Oscar Grant III can proceed to trial, but without BART, a federal judge ruled Tuesday.

U.S. District Court Judge Marilyn Patel also said that the lawsuit filed by Oscar Grant’s mother and friends should be decided by a jury.

However, she dismissed claims that BART failed to properly train its officers and did not properly investigate complaints of excessive force. Meaning, BART cannot be held responsible for the killing and cannot be sued.

The lawsuit will now focus only on the officers who were present when Grant was killed at the Fruitvale BART station on January 1, 2009: Johannes Mehserle, Marysol Domenici, Jon Woffinden and Emery Knudtson. The suit accuses the BART police officers of excessive force, unlawful detention and a violation of Grant’s civil rights.

Videos of the incident showed Mehserle and the other officers responding to a fight on the Fruitvale platform. The officers then tried to handcuff him as Grant lay on his stomach unarmed. At that point Mehserle stood behind Grant, pulled out his gun and fired a shot into Grant’s back.

Sponsored

Mehserle was charged with murder, but found guilty of voluntary manslaughter, and was sentenced to two years in prison. The Department of Corrections has said that Mehserle could be released as early as mid June for good behavior and time served, as reported by ABC News.

The U.S. Justice Department is also involved in a separate investigation into whether BART violated Grant’s civil rights.

lower waypoint
next waypoint
Stunning Archival Photos of the 1906 Earthquake and FireCould Protesters Who Shut Down Golden Gate Bridge Be Charged With False Imprisonment?Why Nearly 50 California Hospitals Were Forced to End Maternity Ward ServicesSan Francisco Sues Oakland Over Plan to Change Airport NameFederal Bureau of Prisons Challenges Judge’s Order Delaying Inmate Transfers from FCI DublinDemocrats Again Vote Down California Ban on Unhoused EncampmentsFirst Trump Criminal Trial Underway in New YorkAlameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario GonzalezDespite Progress, Black Californians Still Face Major Challenges In Closing Equality GapJail Deaths Prompt Calls To Separate Coroner And Sheriff's Departments In Riverside County