During a routine traffic stop, Defendant Police Officer grabbed Plaintiff by the neck and slammed her against the hood of his patrol car. Plaintiff sustained injuries consisting of an 8 mm disc protrusion, a 7 mm disc protrusion with bilateral nerve root compromise, and a 5 mm disc protrusion. Defendant Police Officer admitted to failing to properly focus his vehicle’s dashboard camera and not wearing his body microphone at the time of the incident.
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.
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)
Officer Nate Kinsey hit Plaintiff in the face with a closed fist, and officers then pulled Plaintiff from the rear of a vehicle. Plaintiff was subsequently prone on the ground and his hands were above his head. Nevertheless, Officer Kinsey hit Plaintiff with a closed fist approximately nine more times. Officer Schwarze removed the cartridge from his Taser, held the trigger down, and delivered approximately three drive stuns to Plaintiff. Officer Aric Gallatin kicked Plaintiff approximately three times and stomped on him approximately twice.
Plaintiff died within 10 days of beginning pretrial confinement in a local jail near Gainesville, FL due to an ectopic pregnancy, but within one day of complaints of abdominal pain. Video evidence showed plaintiff virtually falling out of a wheelchair as she was transported out of GP into segregation. Case settled while pending interlocutory appeal on qualified immunity before Eleventh Circuit after all briefs filed. DMS
Vasquez approaches Sgt. Faris inquiring why he’s got a friend kneeling on the sidewalk with others. Faris does not answer, tells him to go home. Vasquez is at home, he told Faris. Faris became angry and attacked Vasquez, knocking him to the sidewalk and battering him with a baton. Contreras hears the screaming and walked up yelling at Faris to stop hitting his cousin when Hines came from behind and smashed Contreras with a baton, fracturing his elbow, knocked him down and admitted 17 more blows justified by the claim Contreras was non compliant with verbal orders.
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.
Bifcurcated case. Plaintiff, a closed-head injury patient, was in his home when his wife phone local LEO to get her cell phone from her husband. While inside Plaintiff’s home, the officers jumped and beat Plaintiff with a baton. Officer testified that it “slipped” into an extended position; physical injuries demonstrated repeated blows. Fellow officer testified that based on the physical evidence, it couldn’t possibly have happened the way the defendant officer described…settled shortly after his officer’s deposition.
Billy Julian was wrongfully prosecuted and convicted as a result of police fabrication of inculpatory evidence against him (including coercing/threatening witnesses to testify falsely against him) and withholding of exculpatory evidence. Julian was imprisoned for over 3 years after wrongful conviction, then conviction was vacated after post-conviction court found Brady violations. Charges remained pending for an additional 4 years until they were finally dismissed.
Three plaintiffs brought consolidated cases against a Lowell detective and the City of Lowell. In 2012, informants planted drugs in the plaintiffs’ cars. Plaintiffs were falsely charged with trafficking in cocaine; charges pended for over 1 year, over 6 months, and over 5 months (w/ 3.5 months in custody). They faced mandatory minimums of 3, 2, and 8 years. All charges were dismissed due to revelation of the informants’ misconduct. The detective knew his informants were not trustworthy.