FAQs (Frequently Asked Questions)
ANSWERS TO COMMON QUESTIONS ABOUT BEING A PLAINTIFF IN A POLICE MISCONDUCT CASE
If I win damages in a lawsuit against the police, who will pay the damages?
In almost all of our cases, an insurance company or the police officer’s employer pays the judgment for the police officer. In Massachusetts, many cities and towns have insurance that covers police officers. Some of the big cities are self-insured, which means that they have set aside funds to pay judgments.
When a police officer commits misconduct while on duty, his employer usually will pay the judgment. The exception is a willful criminal violation—for example, a police officer who rapes a woman after an arrest. If the police officer acted criminally, his employer may refuse to pay a judgment against him. In a case like that, you need to be able to win a judgment against the city or town to ensure that you will be compensated for your injury.
If I win my civil suit against a police officer, will the officer lose his job or face discipline?
A civil suit does not result in discipline of a police officer. Discipline is imposed only by an internal administrative investigation. Police departments do not usually consider civil verdicts in deciding whether to conduct administrative investigations. The verdict itself has no effect on the result of an administrative disciplinary decision. If your goal is to see that a police officer is disciplined, you should file an internal administrative complaint with the police department. Your can file an internal complaint and a civil suit at the same time but you should consult with your lawyer before you file the internal compliant.
How do I pay your fee?
In many of our cases, we work on a contingent fee basis. This means that you pay us a fee only if we win the case. The fee is either a percentage of your recovery or the amount awarded by the court for attorneys’ fees (to be paid by the person you sued). We reduce the amount you pay as a contingent fee by the amount of the fee paid separately by the person you sued.
What about the expenses of litigation?
We ask most clients to pay some or all of the costs of a case. These costs can be several thousand dollars. When a client cannot pay the costs immediately, we pay them, but we do expect to be reimbursed. If we are successful, you pay back the expenses from your recovery. We will discuss the likely expenses before we file the case, and we will keep you informed of large expenses as the case goes on. Typically the largest expenses are to pay for the time of expert witnesses, such as medical doctors, and to pay the costs of depositions.
How long will the case take?
Litigation takes time. Often the court’s schedule and the complexity of the case determine how long a case will take. Civil rights cases can be filed in either state or federal court. In federal court, cases may be resolved as little as fourteen months or as long as four years after the case is filed. In state court, cases tend to take longer. Most of our cases are in federal court.
Why do I feel like I am on trial? I thought I was putting the police officer on trial.
When you bring a case in court, the other side will question whether you are telling the truth. Typically, they will try to defend themselves by accusing you of lying, exaggerating, or simply trying to make money from an incident that did not happen the way you say it did. It is important for you to tell the truth, even if you fear that it does not make you look good. The police officers’ lawyers want you to stretch the truth, exaggerate, or lie so they can catch you in the lie and therefore cast doubt on your credibility.
If I file a civil suit, will my medical and psychiatric records be given to the lawyers defending the police?
If you claim a physical injury, the lawyers defending the police officers will be entitled to your medical records regarding treatment for the incident and for some time in the past. They will want to see whether the injury was actually caused by the incident to make sure you are not seeking compensation for an injury you had earlier. If you claim that the incident caused you to need counseling or psychological treatment, then your treatment records will be at issue and must be provided to the lawyers for the police officers. If your claim states that you simply feel upset or humiliated, then your psychiatric records will probably not have to be disclosed.
If I sue a police officer, will other police officers retaliate against me?
Retaliation is rare, but it does happen. Police officers are more likely to be upset if you file an internal affairs complaint than if you file a civil suit because the internal complaint could cause the officer to lose his job. Police officers are, however, also likely to know that you filed a civil suit against a fellow police officer, so if you are not following the law, they are unlikely to give you a break. Some officers will investigate you to try to find violations of law. It is very important that you follow the law.
Is your firm anti-police?
Our firm is opposed to police brutality, not to police officers. We sue police officers for abusing their power. We are not opposed to police officers who follow the law. The firm has represented police officers and corrections officers in civil rights suits. Often these are cases for officers who have reported misconduct and then suffered unlawful consequences; we have also represented law enforcement officers who have been subjected to police brutality. We also lecture to groups of lawyers who represent police officers and, on occasion, to police officers.
Will you take my case?
Our office receives many more complaints about police misconduct than we can take. We are a small firm, and sometimes we are simply too busy to take on a case. We evaluate cases based on many factors, including how strong the case is for proving a violation of law, the extent of the injury, whether the case affects more than one person, the reputation of the police department, the reputation of the police officer, and the reputation of the potential client. Even though you may have a legitimate claim, we may not be able to take your case.
How much is my case worth?
We can’t determine the value of your case until we collect a lot of information. We need to evaluate many factors, including medical evidence, police reports, the policies of the police department, and the credibility of witnesses. No lawyer can provide a fair opinion of the value of a case after one telephone consultation. The attitude of the police officer defendant can also be critical to determining the value of the case. Each case is different. We consider both the chances of proving that the police officer violated the law and the extent of the harm to you as a result of the injury in making this determination. Ultimately a jury will decide the amount of damages based on the evidence presented at a trial.
Do you handle cases throughout Massachusetts? In other states?
We handle cases throughout Massachusetts. We have sued police officers or officials in over 50 towns, cities, or agencies in Massachusetts. We have sued correctional officers or private security guards in Suffolk, Plymouth, Hampshire, Franklin, Middlesex, and Dukes Counties. We have represented police officers who worked for the Boston, Melrose, Hudson and Northeastern University police departments, usually in cases against their own departments. We have also sued for misconduct by agents of the Federal Bureau of Investigations (FBI) and the Commission on Presidential Debates.
Howard Friedman has sued police officers, officials, or agencies who worked for the following cities, towns or departments: Amesbury; Amherst; Ayer; Bedford; Billerica; Boston; Braintree; Brockton; Brookline; Cambridge; Chelmsford; Chelsea; Falmouth; Framingham; Franklin; Freetown; Harvard (Town of); Harvard University Police; Harwich; Haverhill; Hudson; Hull; Lawrence; Leominster; Lexington; Lowell; Lynn; Malden; Marlborough; Marshfield; Massachusetts General Hospital Police; Massachusetts State Police; MBTA Police (Transit Police); Methuen; Metropolitan District Commission; Millis; New Bedford; North Andover; Peabody; Pittsfield; Quincy; Salem; Sandwich; Saugus; Somerville; Stoughton; South Hadley School District; Taunton; University of Massachusetts; Waltham; Wareham; Watertown; Weymouth; Woburn; and Worcester.
Howard Friedman has sued private security guards and guards at county correctional facilities, jails and state prisons in: Dukes County; Franklin County; Hampshire County; Plymouth County; and Suffolk County; and prisons or jails at: Framingham; Walpole; Norfolk; Greenfield; and Bridgewater.
We primarily handle cases in Massachusetts. Occasionally we partner with other attorneys to bring lawsuits in other states. We also consult with attorneys handling civil rights cases in other states and work with lawyers from other states on cases in Massachusetts.
