The Litigation Committee spent 2024 engaged in the constant fight for systemic change, advancing a number of matters against law enforcement entities and large corporate entities.
Our action against BPD for their intransigence resulted in an award of legal fees from Judge Cowin. After almost three years of obstruction and obfuscation by Boston Police in acquiring records regarding BPD’s response, or lack thereof, during the “Straight Pride” threat march three years ago, we finally held the Boston Police Department accountable for their failure to abide by the statutory requirements of the public records law. Even after being promised a speedy payment, though, BPD has not made good on the judgment, with our nisi decree ending on October 16. Thank you for the stellar work from our team, lead by David Kelston and Jeff Petrucelly.
Our lawsuit regarding the Boston Police Department and BRIC’s discriminatory inactivity and subsequent failure to provide records during the Patriot Front “march” through Boston streets resulting in harassment and injury to counterprotestors is ongoing. We have also served M.G.L. c.66 record requests to BPD/BRIC to address their disparate treatment of pro-Palestinian protesters versus those who are pro-Israeli supporters, and await their statutory required response eagerly. The BPD, as is their usual course, has failed to follow the law, and we will hold them accountable. We are exploring a new large scale litigation, possibly with other entities, to make a more global stand against this abuse of the public records law.
Chris DiOrio is working with our friends at MAAPL to litigate against judges and court personnel in the Worcester District and Housing courts issuing unconstitutional orders on behalf of predatory lenders attempting to evict families against Grace Ross at MAAPL/WAFT. Judges have specifically prohibited her and her volunteers from being present at eviction actions in support of the potential evictees, violating their 1st Amendment and Article 16 of the Massachusetts Declaration of Rights. Jeff Feuer and Chris DiOrio will be working with Grace to draft complaints regarding these heinous abuses of prior restraint against protesters exercising basic human rights.
Lavinia Kosher as an intern got an unexpectedly good return after she circulated a series of outreach surveys communications to our Jailhouse Lawyers in an effort to monitor and confirm compliance by detention facilities and prisons with our hard fought wins on behalf of prisoners in the areas of Hep C and other medical treatment, access to care, and follow-up care. Sadly, based in the returns thus far, it seems that DOC is failing to abode by the consent decree they agreed to follow, with prisoners complaining of lack of treatment, lack of access to care, and a failure to even mention Hepatitis C care in the prisoner’s handbook! We are evaluating our options, and we will be discussing further possible litigation with our partners in prisoner’s rights. Thank you to the attorneys and volunteers that assisted Lavinia in getting these surveys out to prisons.
We have new matters on the horizon as well. Following the recent anti-abortion march in Boston, we will once again face of with BPD regarding their discriminatory actions in harassing counterprotestors and allowing far right extremists to take our streets over. We’ll continue to hold corrections officials responsible for withholding treatment from prisoners, and we will continue to wage our battles with BPD. 2024 was a busy one, and we look forward to maintaining and advancing our campaigns in 2025!
