Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Father of Oscar Grant loses lawsuit against BART officer

July 2, 2014 by Hien Nguyen

From: Los Angeles TImes

By Maura Dolan 7/1/14

A federal jury decided unanimously Tuesday that the BART police officer who killed  Oscar Grant III in 2009 owed no compensation to Grant’s father, who was in prison during his son’s life.

Oscar Grant II filed the civil rights lawsuit and sought damages for loss of his familial relationship with his son. The elder Grant has been serving a life sentence for a 1985 killing since before his son was born.

Michael Rains, who represented former BART Officer Johannes Mehserle, said the jury deliberated about four hours before deciding that Mehserle did not intend to shoot Grant and that the father and son lacked any sort of meaningful relationship.

The only evidence that the slain Grant had a bond with his father consisted of a single Father’s Day card and an undated letter from the son to his father, Rains said. There were no documented prison visits.

“There certainly wasn’t a close relationship at all if there was a relationship at all,” Rains said.

Mehserle, who testified during the three-week trial, cried when the verdict was read.

“He was emotional, he was really emotional,” Rains said. “Several jurors hugged him.”

The jurors included Latinos and Asians but no African Americans, according to Rains. The elder Grant attended the trial daily, returning to confinement each evening.

BART was not named as a defendant in the suit but provided for Mehserle’s defense. The transit agency previously agreed to pay Grant’s daughter $1.5 million, his mother $1.3 million, and $175,000 to friends of Grant who were detained at the station with him.

Waukeen McCoy, attorney for the elder Grant, said the jury ignored evidence that showed the father and son were close.

McCoy said Grant’s mother testified in a deposition that she took her son regularly to see his father in prison until the boy was 15. But McCoy said the jury disregarded that testimony because prison records contained only her name on a list of visitors, not their son.

Father and son “talked on the phone every month, and even every week sometimes,”  McCoy said.

McCoy also expressed frustration that jurors did not find it significant that Mehserle did not immediately tell others after the shooting that he had intended to use his Taser.

“He never said that to anyone after the event happened until much later, until he hired Rains,” McCoy said.

Filed Under: RLS In The News Tagged With: michael-l-rains

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.