David Milton

Zenaida Hernandez visited a prisoner at Souza-Baranowski Correctional Center on September 18, 2011. Ms. Hernandez was allowed to visit the prisoner briefly; a glass barrier separated them. Defendants then took her to a room and forced her to strip naked and remove her menstrual pad. Two defendants stood behind her, inspecting her naked body. Ms. Hernandez did not have any contraband, nor was there probable cause to believe she did.

On August 28, 2011, West Bridgewater police officer Robert Piepiora was working a paid detail at a bar. William Ortiz was outside using his cell phone to call for a ride when the bar’s manager began aggressively telling Ortiz that he could not drive. Ortiz, who had already assured the manager that he was not driving, told the manager to leave him alone. Without warning, Piepiora grabbed Ortiz from behind and slammed him face first into the pavement. The impact knocked out two of Ortiz’s teeth and fractured his upper jaw bone. He required a bone graft to repair his jaw.

N.M. (15) was walking to an after-school program when N.M. was arrested by 4 Boston police officers for armed robbery, although the officers had no reason to suspect N.M. of that crime. The robbery victim told the officers that N.M. was not involved in the crime. All of the criminal charges against N.M. were dropped after a prosecutor spoke to the victim. At the police station, an officer denied N.M. any opportunity to post bail. N.M. was sent to a juvenile detention center in Lowell and held overnight.

Simon Glik was arrested for illegal wiretapping for openly using his cell phone to record police brutality by the Boston police. Our lawsuit, brought with the ACLU of Mass., argued that the arrest violated Mr. Glik’s clearly established constitutional rights. The Defendants lost a motion to dismiss and appealed to the First Circuit. David Milton argued the appeal. The appeals court’s landmark decision in August 2011 declared that the First Amendment protects the right to record police carrying out their duties in a public place.

In Lowell on 5/8/06, Mr. Bailey, a professor, received a call from his son, who was having difficulty with building security. Mr. Bailey rushed downstairs, not pausing to put on shoes. Officers were striking his son with batons. Mr. Bailey urged his son to calm down. Officers then roughed up Mr. Bailey, arrested him, and charged him with disorderly conduct, assault and battery on an officer, and resisting arrest. Mr. Bailey suffered nerve damage from the handcuffs. He was held overnight without medical care for his cut foot, even though he was diabetic and had high blood pressure.

About 4,000 prisoners were unconstitutionally locked in cells with no toilets and no sinks while they were confined in Building 4 at the Suffolk County House of Correction at South Bay. Plaintiffs said that guards did not always permit them to use the bathroom, so they were forced to urinate and defecate in bags and makeshift containers. As a result, inmates were subjected to the stench of their own bodily wastes and were forced to sleep in close quarters with others resorting to such means. Tyler v. Suffolk County, 253 F.R.D. 8, (D. Mass. 2008)

On March 16, 2009, Boston police officers attacked O’Brien because they were angry that he was filming them with his cell phone. Officer Diep Nguyen grabbed O’Brien’s phone while officer David Williams threw O’Brien to the ground. Williams put his arms around O’Brien’s neck and applied pressure, choking O’Brien. Officers struck O’Brien in the head, causing bleeding and a contusion in his brain. Mr. O’Brien has not been able to return to work as a correctional officer.

On 7/21/03, Kelly Jo Griffen, 24 year old mother of two, was to be held at MCI Framingham for one night before going to court in the morning. Ms. Griffen was experiencing the effects of heroin withdrawal. Medical staff knew that Ms. Griffen was not keeping fluids in her system, but failed to take steps to rehydrate her. Two hours before she became comatose, Ms. Griffen’s vital signs showed that she was in grave danger. Defendant Grodski was unable to obtain a blood pressure reading or a pulse.

On March 16, 2006, Somerville officer Freitas, who was off-duty and had been drinking, confronted Gerard Contaldi (15) and his friends about kicking a recycling bin near Freitas’s sports car. Freitas called Gerard an idiot and slapped him. One of Gerard’s friends pushed Freitas, then the boys ran away. Officers stopped Gerard, threw him to the ground, and cuffed him. An officer pressed Gerard’s face in the gravel. Freitas hit Gerard in the eye with a flashlight.

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.