Fourth Amendment - Malicious Prosecution

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.

N.M. (15) was walking to an after-school program when N.M. was arrested by 4 Boston police officers for armed robbery, although the officers had no reason to suspect N.M. of that crime. The robbery victim told the officers that N.M. was not involved in the crime. All of the criminal charges against N.M. were dropped after a prosecutor spoke to the victim. At the police station, an officer denied N.M. any opportunity to post bail. N.M. was sent to a juvenile detention center in Lowell and held overnight.

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.

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.

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)

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.

Plaintiff was in Yonkers City Court observing arraignment of his brother’s killer when he got into dispute with court officer, who claimed plaintiff was being too loud. Court officer arrested plaintiff for criminal contempt of court and used excessive force during arrest. Plaintiff was acquitted at trial. Plaintiff had pre-existing shoulder injury and the force caused exacerbation of pain/injury.

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.