Unlawful Search and Seizure

Zenaida Hernandez visited a prisoner at Souza-Baranowski Correctional Center on September 18, 2011. Ms. Hernandez was allowed to visit the prisoner briefly; a glass barrier separated them. Defendants then took her to a room and forced her to strip naked and remove her menstrual pad. Two defendants stood behind her, inspecting her naked body. Ms. Hernandez did not have any contraband, nor was there probable cause to believe she did.

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.

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.

This is a civil rights action against Cambridge police for causing medical personnel to conduct an illegal internal body cavity search and unnecessary procedures on Plaintiff. These police officers requested that medical personnel at Cambridge Health Alliance’s Cambridge Hospital Campus conduct a digital rectal search and x-ray search of Jean-Baptiste’s abdomen without his consent or a court order. The medical personnel complied. The officers forced Mr.

In 2012 client was pulled over on his motorcycle for his license plate light supposedly not being bright enough and then cited for not having a proper motorcycle license. After client received his citation, he was allowed to leave the scene on foot with his helmet and keys as the officers impounded the motorcycle. The officers later decided they wanted the keys to make towing the motorcycle easier. The officers then made contact with client about a ½ mile from the stop and requested the keys. Client refused to give the keys to them and was arrested.

For nearly a decade, the Boston Police Department sent female detainees to the Suffolk County Jail where they were strip searched as part of the admissions procedure. Male detainees were held in police station lockups, where they were not routinely strip searched. We won a judgment that the policy was unconstitutional. Suffolk County agreed to settle, then claimed it could not pay. We obtained a court order holding the county in contempt of court, and Suffolk County paid its share of the settlement plus interest and fines.

Lawrence officers beat Mr. Figueroa without justification. Officers booked Mr. Figueroa, then ordered that he strip naked and placed him naked in a small lockup cell with a clothed male prisoner. They wanted to teach Mr. Figueroa a lesson: Don’t disrespect police officers. The City of Lawrence had a policy or custom of placing arrestees naked in a cell with another prisoner when a police officer claimed the arrestee was having suicidal thoughts. This unreasonable and easily abused policy permitted officers to degrade and intimidate Mr. Figueroa by falsely claiming he was suicidal.

On 10/6/12, two Bellingham officers entered Ms. Graham’s home without a warrant. When Ms. Graham began to openly video record the encounter and protest the officers’ actions, Defendants arrested her, using unreasonable force. She was charged with assault and battery with a dangerous weapon, and three misdemeanors. The criminal charges were dismissed. Ms. Graham’s cell phone video shows the officers arresting Ms. Graham and using unreasonable force. The case received local publicity. The case settled after an early mediation.