Negligence

On August 28, 2011, West Bridgewater police officer Robert Piepiora was working a paid detail at a bar. William Ortiz was outside using his cell phone to call for a ride when the bar’s manager began aggressively telling Ortiz that he could not drive. Ortiz, who had already assured the manager that he was not driving, told the manager to leave him alone. Without warning, Piepiora grabbed Ortiz from behind and slammed him face first into the pavement. The impact knocked out two of Ortiz’s teeth and fractured his upper jaw bone. He required a bone graft to repair his jaw.

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.

Police made a forced entry to execute a search warrant for suspect in a robbery of the video rental store. A flash-bang device was thrown blindly into the corner of a room where Plaintiff was hiding in the corner. Evidence showed that the device was thrown in the air more than 12 feet and approx 2-3 in the air. It landed in his lap/face (crouched over) and severely damaged his jaw. A mediation presentation can be viewed at the link below.

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.

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

Ms. Reid, an inmate at MCI-Framingham, slipped and fell on a wet ramp while working in the prison kitchen, breaking her right ankle in two places. As a result of her injury, Ms. Reid contracted persistent MRSA infection. DOC employees failed to rectify the dangerous condition of the kitchen ramp, which they knew, or should have known, to be hazardous, and failed to warn of the danger. Ms. Reid continues to suffer from pain and emotional distress caused by these injuries and illnesses years after the incident.

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.

Mr. Cosme was a prisoner worker in the Maintenance Department at MCI-Norfolk. He suffered fractures of both wrists and his right elbow when he fell from a roof while laying down tar paper. These injuries are permanent and severe. DOC employees negligently failed to provide plaintiff with any training or proper supervision. No safety equipment was provided to protect the plaintiff from the dangers of working on a rooftop. Settlement was reached after DOC finally agreed to allow Mr. Cosme to see an outside surgeon. The maximum recovery under the state statute is $100,000.

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.