Post-filing, no dispositive motions decided

Nantucket Police Officer John Hubbard used unreasonable force on Eric Kaminskas, fracturing his skull. On September 4, 2011, Defendant Hubbard was investigating an altercation at a nightclub on Nantucket Island. He approached Mr. Kaminskas outside the nightclub to question him about his involvement. Defendant Hubbard tackled Mr. Kaminskas with so much force that Mr. Kaminskas’s right frontal skull struck the pavement and broke into pieces. Mr. Kaminskas was airlifted to Massachusetts General Hospital in Boston (MGH). After the swelling in Mr.

On May 4, 2012, Mr. Holding was loud while visiting a friend who lived next door to Defendant Lauria. When Mr. Holding returned to his friend’s house the next afternoon, Defendant Lauria was waiting for him. Defendant Lauria was on duty in his marked Revere police car wearing his police uniform. Defendant Lauria went up to Mr. Holding and, without provocation, punched, kicked, and cursed at Mr. Holding. Defendant Lauria fractured the bone at base of Mr. Holding’s right thumb and bruised Mr. Holding’s right shoulder, upper back, and left eye. Mr.

On August 24, 2007, Kramer beat and kicked Ms. Kaye, causing multiple facial fractures, two broken ribs, among other injuries. Kramer was enraged that Ms. Kaye had not immediately complied with his unlawful order to shut her mouth and go back inside as she stood at her front door observing Kramer and other officers making an arrest in front of her home. Taunton Police Chief Raymond O’Berg has publicly complained about his inability to investigate wrongdoings within his department. As a result, officers believe that they are free to violate citizens’ rights with impunity.

On February 28, 2009, Boston police officers Lenane and Holt went to the public way behind the Pine Street Inn to “broom” the area of homeless people. When the officers approached, everyone fled except for Mr. Medina. Defendants incorrectly assumed that Mr. Medina had drugs. Lenane grabbed Mr. Medina’s throat and looked inside his mouth for drugs. Holt hit Mr. Medina on the nose with a hard metal object, breaking his nose. Both attacked Mr. Medina, kicking and punching him while he was on the ground. Defendants did not find any drugs and did not arrest Mr.

On Jan 30, 2010, Mr. Conforti traveled to Westport to help his sister, who is confined to a wheelchair. Mr. Conforti made arrangements with his sister’s neighbor to collect fallen branches from the neighbor’s yard, in order to heat his sister’s home. As Mr. Conforti drove through the neighborhood, he was followed by off-duty officer Napert. Napert arrested Mr. Conforti for larceny of wood, disorderly conduct and resisting arrest. Witnesses heard Mr. Conforti, a cancer survivor who had tracheal resection surgery, plead for help because he had wires in his chest and he had trouble breathing.

On May 19, 2010, Boston police officers arrested Ms. Wernikoff, a male-to-female transgender woman, because she was using the women’s bathroom at a homeless shelter. Ms. Wernikoff’s use of the bathroom based on her gender identity was entirely appropriate, as both BPHC policy and a Boston city ordinance make clear. Officers took Ms. Wernikoff to the police station, where male officers including forced her to remove her shirt and bra, exposing her breasts, and to jump up and down, causing her breasts to jiggle. The officers laughed at Ms. Wernikoff. She felt humiliated and degraded.

Following a report of child sexual abuse, Officer Kyllo inaccurately identified the suspect as plaintiff, even though he interviewed the actual suspect twice in jail. Kyllo filed a false affidavit in the form of a statement of probable cause, seeking a warrant for the arrest of plaintiff. A judge signed a warrant for plaintiff’s arrest, plaintiff was arrested and held in jail for two days, and plaintiff fought a criminal sexual conduct charge for a month until it was dismissed.

Plaintiff, an African American 50 year-old, was sitting in his vehicle when approached by police about an open alcohol container in a parking lot. Plaintiff denied knowing anything about it and refused to allow a search of his vehicle. Plaintiff was placed in a chokehold and arrested. Toxicology revealed no alcohol in his system. Defendants City of San Leandro and Officer Michael Olivera settled prior to filing any motions.