Legal experts have bad news for those hoping to be successful with civil lawsuits against Kyle Rittenhouse.
According to Townhall:
A unanimous jury found Rittenhouse not guilty because they believe he fatally shot Joseph Rosenbaum and Anthony Huber and injured Gaige Grosskreutz in self-defense. Jacobson indicated that the self-defense argument “will be just as overwhelming in a civil case.” He also shared that “[t]here is no obvious basis for a civil rights prosecution against Rittenhouse.”
For someone to be found guilty in a civil suit, the test is of a preponderance of evidence, rather than reasonable doubt, though Jacobson shared that test will fail too.
As Professor Turley mentioned about a Department of Justice (DOJ) lawsuit:
The Justice Department does not have an office for the prosecution of “miscarriages of justice” due to errant jury decisions.
Rittenhouse was acquitted on state charges by a state jury. Moreover, while some have called for reducing self-defense protections, the jury applied the law as it currently appears on the books. It is not allowed to simply ignore the law to seek our own criminal justice rules.
The Rittenhouse jury faithfully applied the Wisconsin law and came to a well-founded verdict of acquittal. It is a dangerous precedent to investigate jury decisions simply because you disagree with their decisions.
There is also no clear basis for a civil rights prosecution. Rittenhouse is White and shot three White men. He was not accused of a hate crime. Moreover, he is not a member of law enforcement or government agency, so he did not deprive anyone of their civil rights under federal law.
However, civil lawsuits by Rosenbaum and Huber, the deceased in this case, could see more success.
The families of the deceased protesters, Joseph Rosenbaum, 36, and Anthony Huber, 26, might have an actionable case for a civil liability case, some experts have noted, pointing to the families of Ron Goldman and Denise Brown who filed a civil lawsuit against O.J. Simpson after a jury cleared the former athlete of double murder charges. A civil panel found Simpson liable for Goldman’s and Brown’s deaths, and he was forced to pay a sum of the $33.5 million judgment.
Some legal analysts say the burden of proof by a preponderance of evidence instead of beyond a reasonable doubt could prove advantageous to prosecution if a civil case was brought against Rittenhouse.