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Opening statements begin in Andrew Joseph III wrongful death lawsuit; protestors occupy courthouse steps

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Posted at 5:49 PM, Sep 12, 2022
and last updated 2022-09-12 17:49:48-04

TAMPA, Fla. — Opening statements in the Andrew Joseph III wrongful death lawsuit began Monday and both sides laid out their positions.

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Andrew Jospeh Jr., the father of the victim, brought the lawsuit about two years after Joseph was hit by a car and killed while crossing I-4. He's suing Hillsborough County Sheriff's Office, HCSO Corporal Mark Clark and the Florida State Fair Authority.

HCSO and the Florida State Fair Authority refute wrongdoing, saying Joseph was hit hours after he was ejected and there was nothing they could do.

The 14-year-old went to Student Day at the fair on February 7, 2014. His father said he saw deputies detaining some of his friends. When he approached, the deputies detained him as well. The group of about 99 teenagers was questioned, photographed and then driven off of the fairgrounds property to find their own way home. Joseph was later hit by a car and killed on his way to his ride.

"We've had to carry this heavy burden and story of a child whose life was compromised, knowing full well that his death was senseless and preventable," said Joseph's mother, Deanna.

Eight years after Andrew Joseph III's death, his parents Andrew Jr and Deanna finally walked inside the federal courthouse for a civil suit trial.

"This case means so much to so many. A win here will be a win for families all across America," said Andrew Joseph Jr.

It's a case that is drawing attention from across the country.

While the Josephs helped their attorney, Guy Rubin, sift through potential jurors, supporters from all over the country occupied the sidewalk and steps in front of the Federal Courthouse.

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Among the crowd of speakers was Pastor Carl Soto, the Co-Founder of Black Lives Matter Restoration Polk Inc, Tabatha Jones Jolivet and Molina Abdullah with Black Lives Matter Grassroots.

"When we talk about why it's important to be at civil rights court today, in particular, and federal court today is because, in the civil rights case, it exhibits and displays the disregard for his life. The fact that his life was taken, and the way in which qualified immunity, which is not a law, but an unjust legal principle," said Jones Jolivet.

The family and group of supporters put their biggest call on display throughout the day; an end to sovereign and qualified immunity.

"Accountability means that when wrong is done, someone must pay," said Molina.

Qualified immunity protects law enforcement from civil suits unless an official violates a "clearly established" statutory or constitutional right, according to Cornell Law.

The Joseph family said that doctrine is why it has taken them six years since the lawsuit was filed to finally go to trial.

As this trial continues over the next two weeks, supporters including Jacob Blake, Michael Brown, Emmett Till, and other families will be saying Andrew Joseph III's name on the courthouse steps.