Litigation Committee Update

The Litigation Committee continues to fight for systemic change, advancing a number of matters against law enforcement entities and large corporate entities.

Our action against the Boston Police Department (BPD) for their intransigence has resulted in an award of $40,000 in legal fees. 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 Parade” in August 2019, we have finally held the BPD 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.

Our lawsuit regarding Boston Police Department (BPD) and BRIC’s discriminatory inactivity and subsequent failure to provide records during the ”Straight Pride Parade” through Boston streets resulting in harassment and injury to counterprotestors has been answered, and we are advancing toward discovery, having submitted a request for admissions upon BPD, and potentially dispositive actions.

The Litigation Committee will be taking further steps towards litigating against judges and court personnel in the Worcester District and Housing courts who are issuing unconstitutional orders on behalf of predatory lenders attempting to evict families against Grace Ross at MAAPL/WAFT. Judges have specifically prohibited MAAPL activists 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 MAAPL to draft complaints regarding these heinous abuses of prior restraint against protesters exercising basic human rights.

Over a month ago, our summer intern from Boston University, Lavinia Kosher, sent out surveys to 92 NLG-Mass 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, follow-up care, and access to legal resources. We have received a nearly 30% return rate so far. Sadly, based in the returns thus far, it seems that the Department of Correction 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 actions with our partners in Prisoners’ Legal Services. Thank you to the NLG staff that assisted Lavinia in getting these surveys out to prisons.