Federal

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.

Police were doing a warrant sweep in an area where many homeless people sleep. They woke up my client to check for warrants. Incident was caught on in car video, low quality. Officer claimed plaintiff spit at him. Officer punched plaintiff in the head, a glancing blow, no physical damages. Internal investigation found force excessive and officer received one day suspension.

Plaintiff was confronted on sidewalk alongside of busy neighborhood shopping center by officers of Atlanta Police Department. Officers forcibly detained and strip searched Plaintiff and, after failing to discover any incriminating information or material, released Plaintiff. Officers denied having made any contact with the Plaintiff; Plaintiff and other witnesses placed one or more of the defendant officers at the scene.

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.

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.

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.

My client’s car was stopped without p.c. of wrongdoing and he was eventually tasered three times. He received stitches in his lip that had to be repaired 2 additional times.

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)