Boston Injury Lawyer Blog

Maury Paulino is suing the city of Boston and four of its police officers for Massachusetts police brutality. He recently filed his federal lawsuit in US District Court.

Paulino, then 19, contends that the cops beat him in November 2009 because he had used his cell phone to record them disciplining his friend. At the time, his friend was being released from the police station in Roxbury and had gotten into a verbal altercation with one officer.

Paulino says that not only was he charged with violating Massachusetts wiretapping laws, disorderly conduct, resisting arrest, and assault and battery, but also one cop kneed and punched him and used pepper-spray on his face. Meantime, the other police officers allegedly just stood by.

Paulino’s Boston personal injury lawyers maintain he was never aggressive or threatening toward the police officers and he did not interfere with their activities. In his Massachusetts police brutality complaint, Paulino notes a federal appeals court’s ruling that it is not illegal to record police officers while they are doing their job. Also, a clerk magistrate has since dropped the illegal wire tapping charge against Paulino, who was acquitted of the other criminal charges during his trial. He is suing the city of Boston for allegedly failing to properly discipline and supervise its cops.

Paulino says that his injuries included a scalp laceration, neck abrasions, and bleeding from his nose, mouth, and lips. He is seeking monetary damages.

Meantime, the Boston police have said that since 2010 its officers have been trained to know that it is not illegal to openly and publicly record them as they do their job.

Police officers must uphold a certain code of conduct. This includes not employing more force than necessary at any time and definitely not abusing the right to exert force by using it to intimidate, scare, or bully others.

Many people don’t realize that police brutality does happen and that this is both against the law and a violation of one’s civil rights. There may be legal remedies available allowing the victim to obtain Boston personal injury recovery for the harm that they have suffered.

Boston man says he was beaten for recording police, Boston Herald, November 2, 2011

Man arrested while video recording Boston police officers files lawsuit, Boston Globe, November 2, 2011

Boston Police Department

More Blog Posts:
Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force, Boston Injury Lawyer Blog, August 9, 2011

Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011

Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011

Continue reading "Boston Police Brutality Alleged in Federal Lawsuit Filed by Man Who Recorded Friend’s Arrest" »

A Massachusetts personal injury settlement has been reached in the federal lawsuit between Westport Police Officer Francis Napert III and Berkley resident Carl Conforti over the alleged use of excessive police force. Under the terms of the agreement, Officer Napert will pay Conforti $50,350.

Per court records, on January 30, 2010, Napert, who was off-duty at the time, apprehended Conforti, a 46-year-old paraplegic in a wheelchair, who was going through a Westport neighborhood to gather fallen tree branches so he could heat his sister’s home. Napert, who was wearing civilian clothes and following him in a pickup truck, identified himself to Conforti as a cop and told him that he was watching him because he was making his way slowly through the neighborhood and peering into people’s residences.

Conforti asked Napert for police identification and that is when the latter allegedly started yelling at him, forced him to the ground, broke his glasses, and arrested him. Witnesses say that Conforti, who had wires in his chest after undergoing tracheal resection surgery, called for help. The criminal charges of disorderly conduct, larceny of wood, and resisting arrest that had been filed against Conforti were later dropped.

The Westport police say that the decision to settle was one done for practical reasons and not because they believe that Napert did anything wrong.

Boston Police Brutality
The use of unnecessary and excessive physical, verbal, or emotional force by a cop when dealing with members of the public is an abuse of authority and power, which can be grounds for a Boston personal injury lawsuit alleging Massachusetts police brutality. Excessive use of police force is also a violation of the victim’s civil rights.

Unfortunately, it can be virtually impossible to get a police officer or his department to admit that police brutality occurred. Often, unless the incident of excessive use of police force is a blatant one, charges likely won’t be filed against the cop. This doesn’t mean, however, that you cannot hold the police officer liable in civil court and obtain Boston injury damages for the harm that you or your loved one suffered.

Westport officer settles civil rights lawsuit alleging excessive force, South Coast Today, August 9, 2011

Related Web Resource:
Westport Police Department

More Blog Posts:
Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011

Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyer Blog, February 15, 2011

Continue reading "Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force " »

Kourtney Lebon and Kimberley Frye are seeking Massachusetts injury damages from the Barnstable County Sheriff’s Office. The two women claim that the sheriff’s K-9 attacked them without provocation and they are claiming excessive use of police force. They also contend that Deputy Sheriff (Patrick) Martin and the two Falmouth cops who were with him did not act immediately to stop the dog attack.

The Massachusetts dog attack occurred on June 9, 2008 after Frye and Lebon and ran into the woods following a multiple stabbing incident occurred at a graduation party they had just attended. It was while they were in the woods that Frye says that the sheriff’s dog attacked her, biting her buttocks. Lebon, who had run away and climbed a tree to avoid getting bitten, claims she too was attacked by the police dog after the officers had persuaded her to come down. She was injured on her left leg.

Lebon and Frye were then handcuffed and held until an ambulance arrived. They were never charged in the stabbing.

Frye and Lebon, who are seeking at least $300,000 in Falmouth personal injury damages, say that their Massachusetts dog bite injuries has resulted in emotional damage and permanent scarring.

Excessive Use of Police Force
Excessive use of police force can be grounds for a Boston injury lawsuit. Police are never supposed to use more force than necessary when detaining or questioning anyone. This includes making sure that a K-9 doesn’t cause unnecessary injury to anyone. Dog bites can be painful, scarring and traumatic. It the responsibility of a dog’s owner/handler keep an animal in check so that it doesn’t hurt people. K-9 handlers are not exempt from this responsibility.

Suit alleges excessive force by sheriff's K-9, Cape Cod Times, May 25, 2011

Related Web Resource:
Barnstable County Sheriff’s Office

Dog Bite Prevention, CDC

More Blog Posts:
Haverhill Dog Attack: Grandmother and Her Friend are Injured as Two German Shepherds Try to Charge 1-Year-Old in Stroller, Boston Injury Lawyer, May 4, 2011

Massachusetts Dog Attack Involving Two Bulldogs Injures 10-Year-Old Girl, Boston Injury Lawyer, June 10, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyer, February 15, 2011

Continue reading "Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9" »

In a tragic police shooting that’s made national headlines, Danroy Sr. and Angella Henry are suing New York police officer Aaron Hess and the village of Pleasantville where he works for their son’s wrongful death. Hess shot and killed Danroy DJ” Henry last October outside a bar at a shopping center in New York last year.

The Henry family is from Easton, Massachusetts. If you'll recall, our Boston injury lawyers reported on this case earlier this year. At the time, Henry's parents had filed a wrongful death claim saying that they intended to file a $120 million lawsuit. They said their son was murdered.

The shooting happened October 17, 2010 when a police officer encountered unruly patrons outside Finnegan’s Grill. He called for backup and about 50 cops arrived at the scene.

According to police, an auto driven by Henry accelerated and struck a cop with its mirror. The officer, who ended up on the hood of the vehicle, then shot at the driver. When the vehicle kept moving, another cop shot at the car.

Some witnesses, however—including those who were riding in Henry’s car at the time—say that the reason he was driving away was because one of the police officers ordered him to leave the fire lane. They say that the officer on the hood started shooting at Henry before he could slow down the car.

Earlier this year, a grand jury refused to indict Hess in Henry’s death. Hess recently was given an award by the Pleasantville Police Benevolent Association over his handling of what the union described as “this ordeal.”’

Danroy Henry Sr. told CNN that he believed the grand jury was presented faulty evidence. In the Henrys’ wrongful death lawsuit, they claim that Hess exhibited a “reckless disregard for human life.” They also contend that their son’s civil rights were violated. The Henry’s are seeking compensatory and punitive damages.

If the jury finds that Hess used excessive force when apprehending the 20-year-old Pace University football player, they would then award a wrongful death verdict to his parents. The outcome of this case is unrelated to whether or not criminal charges were filed against Hess.

Family of slain student files lawsuit, Boston, April 21, 2011

Parents of gunned-down student file wrongful death suit, CNN, April 20, 2011

Related Web Resources:
Wrongful Death Claims, Nolo

Wrongful Death, Justia

More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyers Blog, January 17, 2011

Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyers Blog, January 3, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyers Blog, February 15, 2011

Continue reading "Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit" »

A Framingham woman claims Massachusetts police Sgt. Dennis Bertulli was negligent when he struck her with his motorcycle and drove off during the 2007 Boston Marathon. Norma Shulman, an avid marathon watcher, is now suing state police over the alleged assault and battery and the violation of her civil rights. Her Boston personal injury trial is currently underway in Middlesex Superior Court.

Shulman, now 65, claims that on April 16, 2007, she was standing behind the white line on Rte. 135—the same spot where she has watched the Boston Marathon for 26 years—when she was struck by Bertulli’s motorcycle. The impact of the Boston motorcycle accident knocked her backward and she sustained a bruise to her chest. Shulman says because she didn’t want to make a scene, she didn’t’ seek emergency medical help and instead drove herself to the ER several hours later. She says that not only did she experience physical pain for 6-7 weeks, but also that she continues to suffer from sleep problems while feeling powerless.

Shulman’s Boston lawyer claims that not only did Bertulli strike Shulman and then drive off, but also, another officer Lt. William Cederquist coerced a key witness to change his account of what happened. The incident was captured on video by WBZ-TV and posted on YouTube.

WBZ videographer Jim Haynes, who saw the Boston pedestrian accident, had initially called the incident “vicious” and intentional but later changed his mind after speaking with the lieutenant. Shulman’s legal team also contends that the authorities submitted an “improper” official report over what happened. No charges were ever filed.

Although police had told Shulman to file a claim under a state law provision that covers claims against the state and its employees, they refused to cover her approximately $1,000 in medical expenses.

If you were involved in or caused a Boston traffic crash, you must stop at the scene to check on the others involved, get help when necessary, and exchange contact information. An experienced Boston injury law firm can help you obtain your financial recovery.

Also, if you believe that you law enforcement officials caused you injury because of their negligence, you may have grounds for a Boston injury case or a civil rights violation complaint.

Marathon Lawsuit: Woman recalls motorcycle impact, aftermath, The Metrowest Daily News, February 15, 2011

YouTube Video Shows Massachusetts Motorcycle Trooper Struck and Injured 61-Year-Old Female Pedestrian On Patriots Day, Boston Injury Lawyer Blog, July 10, 2007

Related Web Resources:
Boston Marathon Course Guides

Massachusetts State Police

More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyer Blog, January 17, 2011

Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyer Blog, January 3, 2011

Three months after police shot and killed 20-year-old Massachusetts local DJ Henry in his car outside a bar, his family has filed notice of claim seeking $120 million in wrongful death damages against the New York town of Mount Pleasant and the village of Pleasantville. Henry died last October.

According to police, on October 17, 2010, Henry, who is a student and football player at Pace University, allegedly struck two officers with his vehicle. Some witnesses, however, dispute this claim and contend that the 20-year-old was actually attempting to move his car at a cop’s request.

Henry’s parents, Angella and Danroy Sr., are calling his death a murder. They are claiming that not only were the police officers negligent in their use of excessive force, but also that they were inadequately trained.

They contend that their son had no time to stop his auto because one of the police officers had jumped in front of his Henry’s vehicle with his weapon already drawn. Pleasantville Officer Aaron Hess then allegedly got on the hood of the car and fatally shot him. Henry's parents also believe that the police officers’ decision to handcuff and delay getting him medical care also contributed to his death.

Meantime, Hess is claiming that the impact of getting hit by Henry’s car is what caused him to end up on the hood of the vehicle. He contends that the only choice available to him was to shoot Henry.

Excessive Use of Force
Police are at no time supposed to use excessive or unjustified force when doing their job. Many people are not aware that Massachusetts police brutality violates their civil rights. It can also cause serious injuries and deaths that would otherwise preventable were it not for police negligence, carelessness, or recklessness.

DJ Henry's family plan $120m lawsuit, MyFoxBoston, January 11, 2011

Henry family will sue police, Boston.com, January 12, 2011

Melvin Jones III has filed a federal lawsuit against the Massachusetts city of Springfield, its police commissioner, and six officers. He is alleging the excessive use of police force and the violation of his constitutional rights.

Jones, who is black, claims that he was beaten, kicked, pushed, and struck with a flashlight and called a racial epithet during a traffic stop over a faulty muffler in November 2009. He says that he was beaten unconscious, sustained broken bones and teeth, and was at least partially blinded in one eye. A witness captured the incident on video. Jones was charged with resisting arrest and drug possession.

Jones says that the six cops named in the Massachusetts police brutality complaint tried to cover up the assault on him. One of the police offices, Jeffrey Asher, allegedly struck him with a flashlight at least 15 times. Asher was fired from the job and faces criminal charges. The three other cops that were at the traffic stop, Officers Michael Sedergren, Theodore Truiolo, and Lt. John Bobianski were disciplined. Jones is seeking unspecified monetary damages and fees and wants a jury trial.

Meantime, the police are saying that Jones was only subdued after he tried to get a hold of one of their guns. However, the footage of the Jones being apprehended by the Springfield officers has attracted a lot of attention and outrage.

Massachusetts Police Brutality
Police officers are never allowed to use police brutality or excessive force when doing their job. Boston police brutality is a violation of a person’s civil rights. It doesn’t matter whether or not you’ve committed a crime.

Many people who have been the victim of police violence are too scared to report what happened. However, not only may you have grounds for filing a Boston injury lawsuit but criminal charges may even be filed against the offending officer if the incident were brought to light.

Springfield man files suit against city, police, Boston Herald, January 3, 2011

Suit filed in U.S. District Court against Springfield, police commissioner and 6 officers claiming brutality in arrest of Melvin Jones III, MassLive, January 1, 2011

Springfield Police Department launches criminal investigation of four officers who beat black suspect, MassLive, January 7, 2010

Controversial Springfield Mass. arrest caught on videotape, NECN, January 8, 2010

Related Web Resources:
Police Brutality, Boston Injury Lawyer Blog

City of Springfield, Massachusetts

The widow of Marquis Barker has filed a $4 million Boston wrongful death lawsuit against the city over his fatal shooting by police officers. In her civil complaint, Kim Sanders Barker contends that cops should have called in a mental-health professional rather than using a gun to apprehend her husband. She is alleging Massachusetts excessive use of police force and civil rights violations.

Barker died on November 21, 2007 in a Walgreens parking lot. Police who approached him in the police cruiser he had stolen thought that he was carrying a semi-automatic gun when, in fact he was holding a non-lethal pellet gun.

Kim Barker says that after her husband left their house with the gun, she contacted 911 and told the dispatcher that not only was he carrying the gun, but also that he had suffered a breakdown and was diabetic. She contends that although there were cops who knew that her husband was mentally impaired, they failed to notify the officers who arrived at the scene. She also notes that even without any notice, her husband’s diminished physical and mental capacity should have been obvious. She says that police at the scene should have asked for a crisis negotiator or sought medical or psychiatric help for her husband rather than shooting him.

Noting that the pellet gun was designed to look like an SIG combat pistol and that this caused the cops to fear for their lives when Barker appeared poised to fire it, the Suffolk County District Attorney's Office has cleared the officers of wrongdoing related to the incident. However, Kim Barker, in her Boston wrongful death complaint says that the officers fired at her husband without provocation or warning.

Wife of slain man sues city, Boston.com, November 20, 2010

Widow of man shot to death by police files wrongful-death lawsuit, Dorchester Report, November 21, 2010

Related Web Resource:
Boston Police Department

The Massachusetts wrongful death trial against a Lawrence cop and two State Police troopers over Alfonso Santana’s 2005 unexpected passing is scheduled to begin today. At issue, reports The Boston Globe, is whether Santana, 39, died from a police choke hold, cocaine intoxication, or another cause.

Santana was apprehended on October 19, 2005 by the three defendants, (former) Lawrence cop Mark Rivet, and Troopers Stephen R. Gondella and Mark F. Blanchard. The three men, who were watching a suspected drug house on Forest Street in Lawrence, had approached Santana, who had just parked his car, and asked for his ID. The officers say that they restrained Santana when they saw him put a white object in his mouth.

Court records report that police pepper-sprayed Santana and hit his face during a struggle that lasted for several minutes. For most of the altercation, Gondella’s arm was “around Santana’s neck.” Police were eventually able to retrieve what proved to be “a small amount of cocaine.”

After Santana was handcuffed, police realized that Santana did not have a pulse and was not breathing. He was pronounced dead at the hospital.

Autopsy results from the state medical examiner’s office determined that Santana died from “acute cocaine intoxication” from an “acute and chronic substance abuse.’’ However, a pathologist for Santana’s family says that the toxicology tests that the medical examiner ordered found no cocaine in Santana’s urine.

Former Massachusetts medical examiner Gerald A. Feigin has said that in over 6,000 autopsies, there was never a case where he found cocaine in the blood but none in the urine. He is wondering whether someone planted cocaine in Santana’s blood specimen. Feigin has also said that he thinks that Santana may have died because he was choked too hard and for too long.

Excessive Use of Force
Excessive use of police force—whether unintentional or not—has been known to cause serious injuries, including death. Massachusetts police brutality is a violation of one’s rights and can be grounds for a Boston injury lawsuit. Unfortunately, many people don’t realize that police cannot abuse their power by using excessive force and the victims fail to report such incidents.

Police sued over death in ’05 arrest, Boston.com, August 20, 2010

Read the Civil Action, US Courts, July 16, 2010 (PDF)

Related Web Resources:
Lawrence Police Department

Massachusetts State Police

The family of Joshua Messier intends to file a Massachusetts wrongful death complaint against the state now that the medical examiner’s officer has issued a homicide ruling. Messier died from blunt head impact and “compression of the chest” last May after he was restrained by guards at Bridgewater State Hospital.

The 23-year-old psychiatric patient was treated at the Brockton Hospital ER on May 4 for heart failure. There was dried blood in his hair and nostrils. He also had facial bruises and ligature marks on his body. The Plymouth District Attorney’s Office is investigating Messier’s death.

Meantime, the officers involve claim that after patient assaulted two cops, other officers helped restrain him. Messier then went into cardiac arrest. According to The Boston Globe, Massachusetts Correction Officers Federated Union Steve Kenneway is calling the incident a “clean use of force.” He says that that the examiner’s finding that Messier’s death was a homicide is just a legal term noting that another person was involved in the fatality.

Messier was diagnosed with paranoia and schizophrenia about six years ago after he injured his head during a golf accident. He had been at Bridgewater State Hospital, which is a correction facility, for over a month when he died.

Messier’s mom, Lisa, said she had been scared for her son while he was at Bridgewater. She wants criminal charges filed in his death. She is accusing the officers of Massachusetts police brutality, in addition to failing to help and protect a man who was clearly mentally disabled. Her family has hired a Boston wrongful death attorney.

Boston, Massachusetts Police Brutality
While most police officers are well intentioned when doing their jobs, there are cops that abuse their authority or get caught in the moment and end up using excessive force when trying to apprehend someone. Unfortunately, use of too much force can cause serious injuries and death. Police violence is a violation of one's civil rights, and you may be able to obtain Boston police brutality compensation for your injuries.

Patient’s death after scuffle is ruled homicide, Boston.com, March 10, 2010

Man restrained at Bridgewater dies, Boston Herald, May 7, 2010

Related Web Resources:
Bridgewater State Hospital, Mass.gov

Cops and the Mentally Ill, Newsweek, July 31, 2008