#CivilRightsLaw

[civil-rights-law]

Kathy Curran at 5 Investigates reports on our case: New evidence in death of young man in back of Massachusetts transport van; Witnesses say their warnings of Sam Dunn’s dire medical condition were ignored. 

This case is scheduled for trial in 2022.

[jimfostercoc]

Prejean: The Death of Innocents: An Eyewitness Account of Wrongful Executions

[kamiartist9]

End Qualified Immunity! These Pigs ain’t above shit! They are not the fucking law! They’re not judge, jury & executioner! They commit a crime they need to be held accountable just like everybody else! FUCK THE POLICE! END QUALIFIED IMMUNITY! ✊🏾 Posted @withregram • @endingqualifiedimmunity 🚨A recent @pewresearch poll reveals around two-thirds of Americans oppose the doctrine of qualified immunity, a once obscure legal concept that shields police officers from accountability and victims of police brutality from seeking justice❗️🚨 . . . The White House has indicated any changes to qualified immunity are a “non-starter,” while former Vice-President @joebiden believes that QI “should not protect officers who abuse their power,” but has yet to propose any concrete policy reforms to #endqualifiedimmunity or even limit the doctrine❗️ . . . #BLACKLIVESMATTER #abolishqualifiedimmunity #justiceforgeorgefloyd #justiceforbreonnataylor #endingqualifiedimmunity #civilrights #civilrightslaw #civilrightslitigation #policebrutality #policemisconduct #policeaccountability #humanrights #congress #progressive #legislation #senate #supremecourt #justice #socialjustice #movementlawyer #civilrightswatch #berniesanders #aoc #ayannapressley #justinamash #lobby4change #VOTEforprogress #endpoliceviolence ⚖️🏛🚨 https://www.instagram.com/p/CDCkQkCpsNw/?igshid=k8bhijko97g1

[chiokedmachi]

U.S. #Court Rules #1964 #CivilRightsLaw Also Protects #LGBT Workers From Bias - @FORTUNE https://apple.news/ACj5E9yiwRwOsEWstbRT67w (at Supreme Court)

[civil-rights-law]

Howard was interviewed by the blog and podcast Not Fake News. Read or listen to Howard’s views on the effects of Trump’s judicial appointments, how civil rights law has changed over the past 40 years, and how we should reimagine police operations.

[civil-rights-law]

The grief, rage, and community organizing regarding the recent murders of more Black people by police officers is creating the possibility of change across the county. As more and more people are convinced that police departments should be defunded, there is also a push for reforms that increase public safety and police accountability without allocating more power to police. One such reform is that police misconduct records must be made public. We recommend this article about the fight to overturn a New York law that shields police officers from scrutiny by keeping their complaint histories secret.

Police secrecy is a problem in Massachusetts as well. Here, although we can typically learn if an officer has a history of complaints such as brutality or false arrest, there is no law that requires a police department to reveal what discipline, if any, the officer received. The reasons for imposing discipline are also kept secret. Without knowing the discipline, the public cannot know if police officers are being held accountable when they violate people’s rights.

[civil-rights-law]

We recommend this article about a very concerning decision by the Ninth Circuit Court of Appeals. During a 2013 raid, police officers stole over $225,000. They reported a significantly smaller amount on the inventory report. The court ruled that the officers are protected by a defense called qualified immunity. Qualified immunity is complicated, but its essential concept is that a police officer is not liable for violating anyone’s rights, unless they violate a right that is “clearly established” and obvious to any reasonable officer. The article says, “Incredibly, even though the judges conceded that ‘virtually every human society teaches that theft generally is morally wrong,’ the Ninth Circuit flatly denied it was ‘obvious’ the officers were in the wrong legally.” Several civil liberties organizations are urging the court to revisit the case.

[civil-rights-law]

Police sergeant Isaac Lambert of Chicago, Illinois, says that his supervisors pressured him to cover up the police shooting of 18-year-old Ricky Hayes. A Chicago officer shot and wounded Hayes although he did not pose a threat. Then the officer tried to bring false charges against Hayes. Sergeant Lambert intervened and ordered that Hayes be released instead of charged. Lambert refused his superiors’ orders to falsify the police report to cover up the illegal shooting. Lambert was removed from the detective bureau and anticipates further retaliation from his fellow officers.

Police officers who shoot civilians for no reason need to be held accountable. When departments cover up police brutality by lying in reports and bringing false charges, police misconduct thrives.

Lambert is quoted as saying, “Always tell the truth and always do what’s right, and don’t ever let some boss, especially someone who sits in an office all day at police headquarters, tell you to put your name on something that’s not right,” he told reporters. “You only have one reputation in life, and make sure that’s one that you can be proud of.”

[civil-rights-law]

On Sunday, September 16, 2018, Howard will provide commentary on the documentary film “Crime + Punishment” at the Newburyport Documentary Film Festival. The film is about the NYPD 12, a group of police officers who filed a class action lawsuit against the City of New York for imposing quotas on police officers, which resulted in arrests without probable cause. The film shows the effect on the police officers for reporting misconduct within their police department. By speaking the truth they faced retaliation for breaking the “code of silence.” While the film is about New York City, similar issues exist in police departments in Massachusetts. Unfortunately police officers who speak out still face retaliation.

[civil-rights-law]

Howard is quoted in this WBUR new story: Janey Promises Transparency, But Withholds Records Of Boston Police Officers Accused Of Misconduct.

After two high-profile scandals involving leaders of the Boston Police Department—Commissioner Dennis White and former patrolman’s union president Patrick Rose—Mayor Kim Janey repeatedly promised to be more transparent about police officers who are accused of misconduct. She has not yet followed through on this promise. WBUR requested public records about officer misconduct over three months ago, and the City has not responded although the public records law requires a response within 10 business days.

The withheld police misconduct records include information about 13 officers who were found to have committed domestic violence. Howard Friedman, other civil rights attorneys, and advocates for sexual assault survivors are quoted as criticizing this secrecy. Laws designed to protect the identity of victims of sexual assault should not be used to protect the identity of police officers accused of sexual assault, particularly when a complaint is sustained against an officer. Access to these police misconduct investigations is necessary for the public to hold police officers accountable.

[civil-rights-law]

Howard is quoted in this article: Watchdog Report: Lawyer calls for probe of Worcester police credibility. The article describes civil rights lawyer Hector Pineiro’s account of widespread misconduct in the Worcester police force, including fabricating evidence and hiding evidence that could be used to prove a suspect’s innocence. In many cases, judges in criminal prosecutions questioned the police officers’ conduct. The well-researched article also discusses cases of police misconduct in Springfield, Lowell, and Boston. Howard provides insight into how police misconduct thrives with a lack of proper supervision and accountability. Too often police officers are willing to violate the constitution in order to make an arrest.

[civil-rights-law]

We recommend watching this video from LowellSun.com: Amid training lapses, video shows handcuffed detainee punched. Video from the Lowell Police Department shows a civilian detention attendant punching a detainee in the head. Our office and the Lowell Sun both obtained this video by making a public records request. Howard is quoted in the article.

Howard is also quoted in this article about the incident: Lowell PD history repeats itself.

[civil-rights-law]

We represent the parents of Sam Dunn, a 29-year-old man who died of an opioid overdose while in an Essex County Sheriff’s Department transport van on January 7, 2016. Earlier this week, we filed a civil rights and wrongful death case alleging that two Essex County correctional officers ignored Mr. Dunn’s need for emergency medical treatment, resulting in his death.

We recommend this news story about the case by 5 Investigates.

Our case alleges that Essex County Officers Patrick Barry and John Nguyen were transporting Mr. Dunn to the Massachusetts Alcohol and Substance Abuse Center (MASAC) in Bridgewater, where a judge had ordered Mr. Dunn civilly committed for substance abuse treatment. The officers saw that Mr. Dunn “seemed to be under the influence of some type of drug or alcohol.” Earlier that day, Mr. Dunn had ingested opiates contained in fingers cut from a surgical glove. Video footage of Mr. Dunn from the Essex County Correctional Facility shows that shortly before he was placed in the transport van, he was struggling to stand and convulsing in apparent seizures.

Mr. Dunn spent the last five and a half hours of his life shackled in the back of the prisoner-transport van, unresponsive, and loudly struggling to breathe. Most of this time was spent in the parking lot outside MASAC, which had anti-overdose medication that would have saved Mr. Dunn’s life. Our case alleges that the officers ignored obvious signs that Mr. Dunn was overdosing and failed to follow policies requiring them to maintain constant visual observation of people in their custody and be alert to issues such as drug use and difficulty breathing.

When the officers finally checked on Mr. Dunn, he was unresponsive and his skin had turned blue. The officers summoned emergency medical help, but Mr. Dunn could not be revived. Had the officers gotten medical care for Mr. Dunn at almost any point during the eight and a half hours they were responsible for his care and custody, Mr. Dunn would have lived.

[civil-rights-law]

Howard Friedman selected as a Massachusetts Super Lawyer

Massachusetts Super Lawyers has recognized Howard Friedman as a Top Rated Civil Rights Attorney in Boston, Massachusetts. Only 5% of attorneys in Massachusetts are designated as Super Lawyers each year. Howard has received this recognition for over 15 years. The multi-factor selection process includes independent research, peer nominations and evaluations, as well as professional achievement in legal practice.

[civil-rights-law]

Howard Friedman is quoted in this article: Lawyers say changes to controversial qualified immunity doctrine would move Mass. into uncharted legal waters. Howard says “he would like the Legislature to pass a stronger civil rights law and eliminate qualified immunity in state courts altogether.”

Qualified immunity is a judge-made law that prevents people from successfully bringing civil rights cases involving false arrest, police brutality, and other complaints against police. For example, qualified immunity permitted police officers to get away with stealing over $225,000 during the search of a person’s home.

Massachusetts lawmakers are currently considering a policing bill that may make changes to the way qualified immunity is applied to state civil rights cases. We don’t believe these changes go far enough. Qualified immunity should be eliminated from the Massachusetts Civil Rights Act. Anything less than that would be counter-productive and result in complicated litigation as the courts struggle to interpret a new statute. If you are concerned about how qualified immunity prevents people from using our state’s civil rights statute, it’s not too late to contact your legislators.

[civil-rights-law]

We recently filed a civil rights complaint against two Lynn police officers and the City of Lynn for falsely arresting our client, Mr. Randy Spearing, for a violent assault that occurred in May 2016. Mr. Spearing had no involvement in the crime. The Lynn police officers conducted an improper investigation. They ignored evidence that their investigation focused on the wrong gas station and that Mr. Spearing did not commit the crime. They fabricated police reports to conceal the absence of probable cause to arrest and charge Mr. Spearing.

We recommend this article about the case. In the article, the lawyer for the City of Lynn is quoted as saying that the police lineup was insufficient because it wasn't positive identification. However, the victim did make a positive identification; he identified a different person, not Mr. Spearing.