Massachusetts Civil Rights Act

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.

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.

Gelinas was speaking during the public comment period of a 4/14/10 school committee meeting. Gelinas said it was time for school officials, including Chairperson Boisselle, to be held responsible for their role in the death of Phoebe Prince. Before he could finish, Boisselle ordered Gelinas to sit down. Gelinas was escorted out of the meeting by police officers.

On 10/6/12, two Bellingham officers entered Ms. Graham’s home without a warrant. When Ms. Graham began to openly video record the encounter and protest the officers’ actions, Defendants arrested her, using unreasonable force. She was charged with assault and battery with a dangerous weapon, and three misdemeanors. The criminal charges were dismissed. Ms. Graham’s cell phone video shows the officers arresting Ms. Graham and using unreasonable force. The case received local publicity. The case settled after an early mediation.

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.