Wrongful Death

Erik Aguilar was a New Bedford man who died in the custody of the New Bedford police on July 22, 2010. The entire incident was recorded on surveillance video. A convenience store employee called the police seeking help for Mr. Aguilar. New Bedford police officer Paul Hodson arrived at the store, spoke with Mr. Aguilar, then tried to handcuff him. Officer Hodson then took Mr. Aguilar to the ground, sprayed him with pepper spray, handcuffed him with his hands behind his back, left him lying face down on the pavement, and applied pressure to his back. Mr.

Sheriff’s Deputies wanted to arrest Rogelio Serrato due to mistaken identity. They knew Serrato was intoxicated on methamphetamine in his home. When he did not respond to their orders to exit the home, they threw a flash bang grenade into the home, starting a fire. They failed to extinguish the fire, and Serrato died of smoke inhalation, leaving a mother, sisters, and three children.

Jail deputies assaulted deceased causing bi-lateral jaw fracture. Plaintiff died 7 days later of cardiac arrest. Expert could not relate death to the assault.

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.

In custody death due to alleged positional asphyxia resulting from several officers dog-piling on top of a prone suspect.

The City of Madison and its insurance company have agreed to pay $2.3 million to settle the civil rights claims of the family of Paul Heenan, the thirty-year old musician and recording engineer who was shot and killed by Madison Police Officer Stephen Heimsness, on November 9, 2012, after he mistook a neighbor’s Baldwin Street house for the one he had moved into a week earlier, prompting a 911 call.

David Woodman was a 22-year-old man who was walking home from the Fenway Park area in June, 2008 after the Boston Celtics won the NBA championship. As David passed a group of police officers, he was arrested for carrying an open container of beer. Witnesses reported that police officers slammed David to the ground. David was held by the police until EMTs arrived. When the EMTs arrived, David was not breathing, he had no pulse, and his body was blue and cold. He suffered a cardiac arrhythmia and brain damage. David died at the hospital 11 days later.

Jail deputies assaulted deceased causing bi-lateral jaw fracture. Plaintiff died 7 days later of cardiac arrest. Expert could not relate death to the assault.

On January 13, 2013, Alyssa was arrested. She was unconscious when police officers carried her into a cell. Police should know alcohol intoxication can cause death. The officers did not have Alyssa evaluated and when an officer checked on her later that night, she had died of alcohol poisoning. Her life could have been saved by prompt medical treatment. Video from the station documented the actions of the police officers. Alyssa’s only heir at law was her estranged husband who was incarcerated when the incident took place.