Failed police tactics in New York City; from broken windows to stop-and-frisk

Check out this opinion editorial in the Boston Globe by Juliette Kayyem: Numbers Matter in Public Safety Reform. Kayyem questions the effectiveness of the New York’s stop-and-frisk tactics. Data from the NYPD shows that of the vast numbers of people stopped-and-frisked by police officers, 9 out of 10 were black or Hispanic. This is racial profiling, and it does not reduce crime. In fact, the New York American Civil Liberties Union (NYACLU) reports that nearly 9 out of 10 New Yorkers who were stopped and frisked were completely innocent.

Kayemm’s article compares the stop-and-frisk tactic to the police tactic favored in the 1990’s: aggressively policing minor crimes such as breaking windows, in the hopes that there would be a consequential decline in serious crimes. The “broken windows” tactic was, for a time, credited with the significant reduction in crime in New York City. However, as Kayemm explains, the reduction in crime was seen across the country, not just in New York City, and data shows that the “broken windows” tactic was not actually effective.

Likewise, NYPD data now shows that the stop-and-frisk tactic is not only ineffective, but in practice embraces racial profiling. As the NYACLU summarizes, the vast majority of stopped-and-frisked New Yorkers are non-white, even in primarily white neighborhoods. While violent crime has decreased in New York City, other cities without an intrusive stop-and-frisk policy experienced even larger reductions in crime. You can help learn more about the NYPD’s discriminatory practice on the NYACLU website. People in New York can use the stop-and-frisk app to record and report stop-and-frisks.

Why police lie under oath

Check out this  important article in the New York Times: Why Police Lie Under Oath, by Michelle Alexander. In the article, Michelle Alexander describes how federal grant programs richly reward police departments that arrest greater numbers of people. This causes police supervisors to compel their police officers to make more arrests. In order to meet this pressure some police officers lie and charge people with crimes even if no crime occurred.

Understanding the monetary motivation behind police officers’ lies is important because people often assume that officers have no reason to lie. Many people, including judges and juries, trust officers to tell the truth because it’s hard to believe that officers could benefit from lying. However, Michelle Alexander’s article makes it clear officers actually have a strong incentive to lie. This results in innocent people being arrested without probable cause.

Police officers are rarely disciplined for lying. However, in two of our cases in 2012, police officers were fired for their lies and other misconduct. Boston police officer David Williams was fired for using unreasonable force on our client, and for lying about his use of excessive force. And Somerville Police Officer Marcos Freitas was terminated because he had lied repeatedly, including some lies at a deposition taken in our case against him. Additionally, in 2004, after we filed a case against Boston police sergeant Joseph LeMoure, he was convicted of perjury for lying at his deposition and encouraging witnesses to lie. While these police officers were punished for their harmful lies and other misconduct, police officers routinely get away with lying under oath. This isn’t going to change until the judges in criminal cases stop tolerating testimony by untruthful police officers and federal grant programs stop rewarding high arrest rates.

$20,000 judgment against Boston in our lawsuit alleging police violated transgender woman’s rights; Boston Public Health Commission pays additional $10,000

Our client Brenda Wernikoff has agreed to accept a judgment against the City of Boston in which the City pays her $20,000 to resolve her claim that she was falsely arrested and subject to discrimination for using the women’s bathroom at a homeless shelter. The lawsuit alleged that the City failed to train its police officers how to treat transgender people. The City offered to have judgment entered against it shortly after we filed the complaint.

Ms. Wernikoff is a transgender woman. (She was assigned male gender at birth, but she identifies as a woman and is legally female.) Boston ordinance 12-9.7 makes it illegal to discriminate against a transgender woman like Ms. Wernikoff from using women’s bathrooms. (Read the ordinance here.) On May 19, 2010, Ms. Wernikoff was using a stall in the women’s bathroom at the Woods Mullen Shelter. When Ms. Wernikoff emerged from her stall, BPD officer Loletha Graham-Smith arrested her for using the women’s bathroom. At the police station, male police officers degraded Ms. Wernikoff by ordering her to remove her top and jump up and down, causing her bare breasts to jiggle for the officers’ own amusement.

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Court approves settlement and attorneys’ fees in our lawsuit claiming New Balance toning shoes were falsely advertised

Yesterday in federal court, at a hearing for final approval, the judge approved a class action settlement against New Balance and also determined that New Balance should pay the fees and costs of the Plaintiffs’ attorneys. New Balance agreed to pay up to $3.75 million to settle claims that the company misrepresented the benefits of wearing Toning Shoes to consumers.

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Boston’s system to track problem police officers defunct since 2005

Read this article in Commonwealth Magazine.

Since 2005, the Boston Police have failed to implement a system to monitor officers who are prone to misconduct. These systems, often called Early Intervention Systems (EIS), are used in police departments across the country to detect and assist police officers who may be abusing their power or experiencing a personal difficulty that is hindering their job performance. Once officers are flagged by EIS, they could receive additional training or resources, and closer supervision. Although all professions should monitor the performance of their employees, oversight is particularly important in police culture, where officers rarely report the misconduct others and complaints against police are investigated by fellow officers.

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Anatomy of a wrongful conviction: The Central Park Five, a new documentary film

In 1989, a white female jogger in New York’s Central Park was brutally beaten and raped. Five black and Latino teenagers were arrested and charged with this heinous crime, which became a symbol of a society supposedly overrun by depraved and remorseless “wolfpacks” of black and brown youths. Although the five boys knew nothing about the attack, New York City police coerced them into “confessing” to a crime they did not commit. DNA evidence recovered from the victim pointed to a single rapist, whose DNA profile did not match any of the boys’. No other physical evidence tied the boys to the crime. On the basis of their false confessions, the “Central Park Five” were convicted and spent years in prison. Finally, many years later, the real rapist came forward and admitted his guilt. The DNA evidence proved this man, who had committed other rapes, was guilty of the crime.

A powerful new documentary, The Central Park Five, explores this miscarriage of justice.

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David Milton speaks about videotaping police at ABA teleconference

On Tuesday, December 4, 2012, David Milton was a panelist at an American Bar Association teleconference entitled “Videotaping Police, Wiretapping Laws and the First Amendment.” The teleconference was a continuing legal education (CLE) program attended by more than 50 attorneys nationwide, including many from federal, state, and local government entities. David discussed the status of the right to record throughout the country, as well as ongoing challenges to protecting this right in the law and in practice. The other panelists were Professor Lyrissa Lidsky, a First Amendment and media law expert at the University of Florida College of Law, and Robert Ross, a Virginia State Magistrate and former attorney for the Fairfax County Police Department. The program was moderated by Hanni Fakhoury of the Electronic Frontier Foundation in San Francisco.

Police officers should welcome civilian surveillance

On November 14, a tourist took a photograph of New York City police officer Lawrence DePrimo giving a barefoot homeless man a pair of boots that the officer had bought for him with his own money. Officer DePrimo’s actions, captured by a civilian’s camera phone, clearly get to the heart of what it means for him to serve and protect.

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Howard and David serve on the Supreme Court

Howard and David served on the Supreme Court in the National Moot Court competition Region 1 Final Round at Suffolk Law School on Sunday, November 18. Every year, over 150 law schools from around the country compete in this competition, which is cosponsored by the American College of Trial Lawyers and the New York City Bar Association. The case the students argued was a police misconduct case alleging a false arrest for making a video recording of a police officer. The case alleges violation of the First Amendment and the Fourth Amendment. The plaintiff’s team relied heavily on Glik v. Cunniffe, the case we won in the First Circuit Court of Appeals. Howard and David enjoyed experiencing the view from the bench. They still prefer advocating as members of the bar.

Howard Friedman and David Milton give lightning talks for the American Constitution Society

On November 13, Howard Friedman and David Milton participated in the American Constitution Society’s program Lightning Talks - Cutting Edge Stories of Constitutional Law in Action. (A lightning talk is a five-minute presentation using 20 slides; each slide is shown for 15 seconds.) Howard discussed changing policies and lives through police misconduct and prisoner’s rights litigation. David discussed constitutional protections for filming the police.

Our class action lawsuit against Foxborough expands

We added two new class representatives to our lawsuit against the Foxborough police chief and the Town of Foxborough. The lawsuit challenges the Town’s unlawful policy of holding people in protective custody at Gillette Stadium even though they are not incapacitated.

To learn more:

Check out WBZ-TV

Check out the Boston Globe

Read the Amended Complaint

Read our blog post about filing this lawsuit

2013 “Best Law Firm” rankings: Law Offices of Howard Friedman rated Tier 1 in Boston for Civil Rights Law

Our firm was rated as a first tier best law firm in Boston for the practice of Civil Rights Law when U.S. News & Best Lawyers released their 2013 “Best Law Firm” rankings earlier this month. The rating system considers evaluations from clients and attorneys, and peer review from attorneys who lead each field of law. The goal of the “Best Law Firm” ratings is to guide clients towards excellent law firms within different areas of practice. We appreciate the recognition.

Howard Friedman spoke on civil rights violations for strip searches

On October 24, Howard spoke on a panel at the Boston Bar Association on the constitutional right to perform strip searches after the recent Supreme Court decision in Florence v. Board of Chosen Freeholders. Howard discussed the rights of people who were strip searched. Currently, jails in Massachusetts do not strip search people who are held in custody before their first court appearance unless the officer has probable cause to believe that the detainee has contraband. The Florence decision, which passed 5-4, allows strip searches when people are placed in the general population unit of a jail, regardless of their reasons for being detained. The Massachusetts Constitution provides greater protection than the U.S. Constitution.

The other panelists were lawyers who defend civil rights cases from the Massachusetts Department of Corrections, the Plymouth County Sheriff’s Department and the Attorney General’s office.

Howard Friedman and David Milton are recognized by Super Lawyers

Super Lawyers, an attorney rating service, just announced its ratings for 2012. For the 9th straight year, Howard Friedman was recognized as a Massachusetts Super Lawyer. This year David Milton was recognized as a Massachusetts Rising Star. The rating system names no more than 5% of Massachusetts attorneys as Super Lawyers, and no more than 2.5% of Massachusetts attorneys as Rising Stars.

Howard Friedman speaks at the 2012 Bench and Bar Conference

On October 19, 2012, Howard Friedman was a panelist at the 2012 Bench and Bar Conference, hosted by the United States District Court for the District of Massachusetts. The topic of the panel was Emerging Trends in Civil Rights. Howard discussed Glik v. Cunniffe, a case our firm handled which resulted in a landmark decision from the First Circuit Court of Appeals in August 2011. The First Circuit’s decision upheld the right to videotape the police while they are on the job. The Glik decision provided the strongest and most complete discussion of the constitutional principles that protect the right to record public officials. Howard said, based on the reasoning of the decision, a court will eventually find that the state wiretap statute which prohibits secret recording of sound is unconstitutional when applied to secret recording of police officers or other public officials  performing their public functions in public.

The Glik decision is invaluable to the media, cop watch groups, and citizens who wish to monitor the public activities of police officers. We hope that as more and more officers realize they could be recorded, officers will feel more accountable for their actions and instances of police misconduct and police brutality will decrease.

Our Firm Filed A Wrongful Death Lawsuit Filed Against Five New Bedford Police Officers After Man Dies in Police Custody

Today we filed a lawsuit on behalf of the family of Erik Aguilar, a New Bedford man who died in the custody of the New Bedford police on July 22, 2010. This civil rights and wrongful death lawsuit alleges that New Bedford officers ignored Mr. Aguilar’s serious medical needs, resulting in his death.

The complaint alleges the following facts. A convenience store employee called the police seeking help for Mr. Aguilar. New Bedford police officer Paul Hodson arrived at the store, spoke with Mr. Aguilar, then tried to handcuff him. Officer Hodson then took Mr. Aguilar to the ground, sprayed him with pepper spray, handcuffed him with his hands behind his back, left him lying face down on the pavement, and applied pressure to his back. Mr. Aguilar struggled to breathe because he was face down with his hands cuffed behind him.

Officer Hodson and other New Bedford police officers casually stood around as Mr. Aguilar was lying face down until his heart stopped beating.

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Concertgoers bring class action lawsuit challenging Foxborough’s practice of improperly taking people into protective custody

Today we filed a class action lawsuit in federal court on behalf of two men who were taken into protective custody at Gillette Stadium in Foxborough, alleging that the Foxborough police are putting people into protective custody even when the people are not incapacitated. The lawsuit alleges that it is unconstitutional to take people into custody simply because they are perceived to be under the influence of alcohol.

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Attorney Drew Glassroth joins our team

We are excited to welcome Attorney Drew Glassroth to our firm. After graduating from Northeastern University School of Law in 2011, Drew worked as a law clerk to Justice Fernande R.V. Duffly of the Massachusetts Supreme Judicial Court. Now, Drew will work with attorneys Howard Friedman and David Milton to handle cases involving police misconduct, First Amendment violations, illegal strip searches, inhumane treatment of prisoners, and other civil rights violations.

Drew has been a familiar face in our office for the past two years. In the fall of 2010, Drew interned at our office while he was a law student. Since Drew worked so well with our team, he returned for a second internship in the spring of 2011. Working at our firm as a law student strengthened Drew’s aspirations to represent victims of police brutality and other civil rights violations. We are delighted to have him return to the firm as an attorney.

Click here to read more about Drew Glassroth.

Filming the police: what to focus on after 'Glik'

 Check out this article by David Milton that was published in Massachusetts Lawyers Weekly earlier this month. (Click the image to read the article.)    

New Balance settles our lawsuit claiming toning shoes were falsely advertised

Last month, New Balance Inc. agreed to pay up to $3.75 million to settle a class action lawsuit claiming that the company falsely advertised their toning shoes. Plaintiffs claimed that New Balance, in connection with the marketing and sale of Toning Shoes, misrepresented the benefits of wearing Toning Shoes to consumers. Plaintiffs further claimed that Toning Shoes did not provide the benefits to consumers claimed by New Balance. In settling this case New Balance denies any and all claims of wrongdoing and does not admit any fault, wrongdoing or liability.

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