Survived motion to dismiss

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.

Ron Parsons awoke at night and thought he saw a burglar outside his door. He slammed the door, got his gun, and called 911. Dispatcher told Ron to put away the gun and connected him with police outside. Ron came out and was told to kneel or lay on the ground. Ron refused. He was tased, kicked and punched. No charges filed except that after he made an open records request, warrant was issued and he was charged with obstructing an officer’s official duties, a misdemeanor. Went to trial and found not guilty.

Plaintiff TWICE arrested on another person’s warrant. First arrest resulted in 6 weeks of incarceration; second arrest resulted in 2 hours in jail. Sheriff’s dept was on notice for years that the warrant was wrongly using Plaintiff’s identifiers, instead of the identifiers for the true defendant, yet Sheriff’s dept kept refusing to update & correct the warrant.

Neil Miller spent ten years in prison before he was exonerated by DNA evidence. Mr. Miller reached a landmark $3.2 million settlement with the City of Boston after alleging civil rights violations, police misconduct, and misconduct at the police lab that resulted in his wrongful conviction. Miller v. City of Boston, 297 F.Supp.2d 361 (D. Mass. 2003) (permitting our client to proceed with a lawsuit against Boston police officers and the City of Boston based on his wrongful conviction for a rape he did not commit)

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)

Plaintiff is confined in the Minnesota Sex Offender Program (a “treatment program” which is in reality a prison where almost no one gets released). He was raped by his roommate about ten days after staff was advised of the perpetrator making inappropriate sexual advances towards Plaintiff.

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.