Case: Glik v. Cunniffe

1:10-cv-10150 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 1, 2010

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 1, 2010, a Massachusetts citizen arrested for videotaping police practices filed a lawsuit in the U.S. District Court of Massachusetts, under 42 U.S.C. § 1983 and relevant state law, against the City of Boston and several police officers. The plaintiff, represented by an ACLU attorney and private counsel, sought monetary relief, alleging that the City of Boston failed to properly supervise, discipline, or train Boston police officers, which resulted in the plaintiff's being falsely …

On February 1, 2010, a Massachusetts citizen arrested for videotaping police practices filed a lawsuit in the U.S. District Court of Massachusetts, under 42 U.S.C. § 1983 and relevant state law, against the City of Boston and several police officers. The plaintiff, represented by an ACLU attorney and private counsel, sought monetary relief, alleging that the City of Boston failed to properly supervise, discipline, or train Boston police officers, which resulted in the plaintiff's being falsely arrested. He further claimed that the false arrest violated his rights under the First and the Fourth Amendments of the United States Constitution.

The defendant police officers arrested the plaintiff for his using of digital video camera to record their arrest of a young man in a park. One charge against the plaintiff was violation of the state wiretap statute. The judicial court dismissed the charge subsequently, because a conviction under the state wiretap statute required the recording to be secret, and the police officers admitted that the plaintiff's recording was not.

On February 5, 2010, the plaintiff amended his complaint. On June 8, 2010, the Court (Judge William G. Young) denied the defendants' motion to dismiss the case after a hearing. Judge Young denied the defendant police officers' qualified immunity from both the plaintiff's First and Fourth Amendment claims. The defendants filed an interlocutory appeal to the First Circuit.

On June 29, 2010, Judge Young denied the defendants' motion to stay proceedings in the District Court pending appeal. On the same day, the case was reassigned to Magistrate Judge Leo T. Sorokin upon both parties' consent. The Court of Appeals grant a motion to stay on August 4, 2010.

On August 26, 2011, the Circuit Court (Judge Kermit V. Lipez) affirmed the lower court's ruling that denied the defendant police officers' qualified immunity from the plaintiff's constitutional claims. Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011). In the opinion, Judge Lipez found that the First Amendment protected the plaintiff in filming the on-duty police officers in public and that his right to film in this case was clearly established. The defendant police officers lacked probable cause to arrest the plaintiff, thus violating his Fourth Amendment rights, and the lack of probable cause was clearly established, defeating the defendants' asserted qualified immunity from suit.

(On September 27, 2011, the plaintiff in Strahan v. Rowley, Docket No. 1:11-cv-11235, filed a motion to consolidate his case with this case. The Strahan case was then assigned to Magistrate Judge Sorokin as well. Both the plaintiff and the defendants in this case filed oppositions to the consolidation on October 11, 2011. Magistrate Judge Sorokin denied the motion to consolidate cases on December 20, 2011, docketed only in the Strahan case.)

On January 19, 2012, on remand from the First Circuit, the parties requested mediation and the case was referred to Alternative Dispute Resolution, with Chief Magistrate Judge Judith G. Dein appointed as the mediator. On March 5, 2012, the parties reached a settlement through the mediation. The defendants agreed to pay $170,000 to the plaintiff for damages, attorneys' fees and litigation costs. The lawsuit was subsequently dismissed. This ended the case.

For more information, please see the ACLU's website.

Summary Authors

Emma Bao (6/21/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4273780/parties/glik-v-cunniffe/


Judge(s)

Howard, Jeffrey R. (New Hampshire)

Lipez, Kermit Victor (Maine)

Sorokin, Leo Theodore (Massachusetts)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Friedman, Howard (Massachusetts)

Milton, David (Massachusetts)

Wunsch, Sarah (Massachusetts)

Attorneys(s) for Defendant

Curran, Hugh R (Massachusetts)

Maki, Lisa Skehill (Massachusetts)

Judge(s)

Howard, Jeffrey R. (New Hampshire)

Lipez, Kermit Victor (Maine)

Sorokin, Leo Theodore (Massachusetts)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Friedman, Howard (Massachusetts)

Milton, David (Massachusetts)

Wunsch, Sarah (Massachusetts)

Attorneys(s) for Defendant

Curran, Hugh R (Massachusetts)

Maki, Lisa Skehill (Massachusetts)

Prior, Ian D. (Massachusetts)

Ruano, Raquel D. (Massachusetts)

Sinnott, William F. (Massachusetts)

Skehill, Lisa A. (Massachusetts)

Other Attorney(s)

Bavitz, Christopher T. (Massachusetts)

Samant, Anjana (New York)

Strahan, Richard Max (Massachusetts)

Expert/Monitor/Master

Dein, Judith Gail (Massachusetts)

Documents in the Clearinghouse

Document

1:10-cv-10150

Docket [PACER]

March 29, 2012

March 29, 2012

Docket
1

1:10-cv-10150

Complaint

Glick v. Cunniffe

Feb. 1, 2010

Feb. 1, 2010

Complaint
6

1:10-cv-10150

Amended Complaint

Feb. 5, 2010

Feb. 5, 2010

Complaint
15

1:10-cv-10150

Defendants, City of Boston, John Cunniffe, Peter J. Savalis and Jerome Hall-Brewster's Memorandum of Law in Support of their Motion to Dismiss the Plaintiff's Complaint

April 22, 2010

April 22, 2010

Pleading / Motion / Brief
17

1:10-cv-10150

Plaintiff's Opposition to Defendant's Motion to Dismiss

May 14, 2010

May 14, 2010

Pleading / Motion / Brief
34

1:10-cv-10150

10-01764

USCA Order of Court [Motion to Stay]

U. S. Court of Appeals for the First Circuit

Aug. 4, 2010

Aug. 4, 2010

Order/Opinion

1:10-cv-10150

10-01764

Brief of Appellants John Cunniffe, Peter Savalis, and Jerome Hall-Brewster

U. S. Court of Appeals for the First Circuit

Dec. 13, 2010

Dec. 13, 2010

Pleading / Motion / Brief

1:10-cv-10150

10-01764

Brief of Plaintiff-Appellee Glik

U. S. Court of Appeals for the First Circuit

Jan. 18, 2011

Jan. 18, 2011

Pleading / Motion / Brief

10-01764

Brief of Citizen Media Law Project and others as Amici Curiae in support of Plaintiff-Appellee

U. S. Court of Appeals for the First Circuit

Jan. 27, 2011

Jan. 27, 2011

Pleading / Motion / Brief

10-01764

Corrected brief of Amici Curiae In support of Plaintiff-Appellee Simon Glik and affirmance of the ruling below

U. S. Court of Appeals for the First Circuit

Feb. 9, 2011

Feb. 9, 2011

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4273780/glik-v-cunniffe/

Last updated Aug. 4, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants Filing fee: $ 350, receipt number 01010000000002763457, filed by Simon Glik. # 1 Civil Cover Sheet, # 2 Category Sheet)(Friedman, Howard) (Entered: 02/01/2010)

1 Civil Cover Sheet

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2 Civil Cover Sheet

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3 Category Sheet

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Feb. 1, 2010

Feb. 1, 2010

RECAP

ELECTRONIC NOTICE of Case Assignment. Judge Nancy Gertner assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Leo T. Sorokin (Cummings, Mary)

Feb. 1, 2010

Feb. 1, 2010

PACER
2

Summons Issued as to John Cunniffe, Peter J. Savalis, [FNU] Hall-Brewster, City of Boston. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

RECAP
3

NOTICE of Appearance by David Milton on behalf of Simon Glik (Milton, David) (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

RECAP
4

Judge Nancy Gertner: ORDER OF RECUSAL entered.(GAM) (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

RECAP
5

NOTICE of Appearance by Sarah R. Wunsch on behalf of Simon Glik (Wunsch, Sarah) (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

RECAP

Case Reassigned to Judge William G. Young. Judge Nancy Gertner no longer assigned to the case. (Cummings, Mary)

Feb. 3, 2010

Feb. 3, 2010

PACER
6

AMENDED COMPLAINT against all defendants, filed by Simon Glik.(Friedman, Howard) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

RECAP
7

NOTICE of Appearance by Ian D. Prior on behalf of City of Boston (Prior, Ian) (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

RECAP
8

NOTICE of Appearance by Lisa A. Skehill on behalf of City of Boston (Skehill, Lisa) (Entered: 03/05/2010)

March 5, 2010

March 5, 2010

RECAP
9

WAIVER OF SERVICE Returned Executed by Simon Glik. City of Boston waiver sent on 2/8/2010, answer due 4/9/2010. (Friedman, Howard) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

RECAP
10

WAIVER OF SERVICE Returned Executed by Simon Glik. Peter J. Savalis waiver sent on 2/8/2010, answer due 4/9/2010. (Friedman, Howard) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

RECAP
11

WAIVER OF SERVICE Returned Executed by Simon Glik. John Cunniffe waiver sent on 2/8/2010, answer due 4/9/2010. (Friedman, Howard) (Additional attachment(s) added on 3/19/2010: # 1 Non-Fillable Waiver as to John Cunniffe) (Paine, Matthew). (Entered: 03/10/2010)

1 Non-Fillable Waiver as to John Cunniffe

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2 Non-Fillable Waiver as to John Cunniffe

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March 10, 2010

March 10, 2010

RECAP
12

MOTION for Extension of Time to April 23, 2010 to File Responsive Pleadings by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis.(Skehill, Lisa) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

RECAP

Judge William G. Young: ELECTRONIC ORDER entered granting 12 MOTION for Extension of Time to April 23, 2010 to File Responsive Pleadings (Paine, Matthew)

March 31, 2010

March 31, 2010

PACER
13

WAIVER OF SERVICE Returned Executed by Simon Glik. Jerome Hall-Brewster waiver sent on 2/8/2010, answer due 4/23/2010. (Friedman, Howard) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

RECAP
14

MOTION to Dismiss by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis.(Skehill, Lisa) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

RECAP
15

MEMORANDUM in Support re 14 MOTION to Dismiss filed by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Skehill, Lisa) (Entered: 04/22/2010)

1 Exhibit A

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2 Exhibit B

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April 22, 2010

April 22, 2010

RECAP

ELECTRONIC NOTICE Setting Hearing on Motion 14 MOTION to Dismiss : Motion Hearing set for 6/8/2010 02:00 PM in Courtroom 18 before Judge William G. Young. opposition is due by 5/6/10. Reply brief, if any, is due by 5/13/10(Smith, Bonnie)

April 28, 2010

April 28, 2010

PACER
16

Assented to MOTION for Extension of Time to 5/14/10 to File Response/Reply as to 14 MOTION to Dismiss by Simon Glik.(Milton, David) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

RECAP

Judge William G. Young: ELECTRONIC ORDER entered granting 16 Motion for Extension of Time to File Response/Reply re 16 Assented to MOTION for Extension of Time to 5/14/10 to File Response/Reply as to 14 MOTION to Dismiss Responses due by 5/14/2010 Replies due by 5/21/2010. (Smith, Bonnie)

May 4, 2010

May 4, 2010

PACER
17

MEMORANDUM in Opposition re 14 MOTION to Dismiss filed by Simon Glik. (Attachments: # 1 Exhibit 1)(Milton, David) (Entered: 05/14/2010)

1 Exhibit 1

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May 14, 2010

May 14, 2010

RECAP

ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 6/8/2010 re 14 MOTION to Dismiss filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis ;The Court hears argument from the plaintiff and defendants. After hearing the Court rules denying 14 Motion to Dismiss; TheCourt holds a 16.1 conference and sets a schedule.( Final Pretrial Conference set for NO SOONER THAN 5/2/2011 02:00 PM before Judge William G. Young., Jury Trial set for RUNNING TRIAL LIST AS OF 6/6/2011 09:00 AM before Judge William G. Young.).The parties have 2 weeks to file a joint case management proposal. (Court Reporter: Donald Womack at womack@megatran.com.)(Attorneys present: Plaintiff's Counsel Milton, Freisman,Wunsch, Defendant's Counsel Skehill, Prior) (Smith, Bonnie)

June 8, 2010

June 8, 2010

PACER
18

Assented to MOTION for Extension of Time to July 8, 2010 to Answer Complaint by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis.(Prior, Ian) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

RECAP

Judge William G. Young: ELECTRONIC ORDER entered granting 18 Assented to MOTION for Extension of Time to July 8, 2010 to Answer Complaint. (Paine, Matthew)

June 21, 2010

June 21, 2010

PACER
19

JOINT STATEMENT of counsel regarding Case Management. (Milton, David) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

RECAP
20

CERTIFICATION pursuant to Local Rule 16.1 . (Milton, David) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

RECAP
21

CERTIFICATION pursuant to Local Rule 16.1 . (Prior, Ian) (Entered: 06/22/2010)

June 22, 2010

June 22, 2010

RECAP
22

NOTICE OF APPEAL as to Order on Motion to Dismiss, Motion Hearing, Set Hearings,,,,,,,,, by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis Fee Status: Y. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. Appeal Record due by 7/13/2010. (Skehill, Lisa) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

RECAP
23

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 22 Notice of Appeal, (Ramos, Jeanette) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

RECAP

USCA Case Number 10-1764 for 22 Notice of Appeal, filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis. (Ramos, Jeanette)

June 24, 2010

June 24, 2010

PACER

Filing fee/payment: $ 455.00, receipt number BST018061 for 22 Notice of Appeal, (Russo, Patricia)

June 25, 2010

June 25, 2010

PACER
24

MOTION to Stay District Court Proceedings Pending Appeal by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis.(Prior, Ian) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

RECAP

Judge William G. Young: ELECTRONIC ORDER entered denying 24 MOTION to Stay District Court Proceedings Pending Appeal (Paine, Matthew)

June 29, 2010

June 29, 2010

PACER
25

CONSENT by all parties to Jurisdiction by US Magistrate Judge by City of Boston, John Cunniffe, Simon Glik, Jerome Hall-Brewster, Peter J. Savalis.. (Paine, Matthew) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

RECAP

Case Reassigned to Magistrate Judge Leo T. Sorokin. Judge William G. Young no longer assigned to the case. Counsel are directed to the Court's Standing Orders re: Electronic Case Filing. (Paine, Matthew)

June 29, 2010

June 29, 2010

PACER

TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Donald Womack re 22 Notice of Appeal,,, Transcript order form filed in USCA on July 1, 2010. Transcript ordered: 6/8/10 Motion to Dismiss Hearing. Transcript due by 8/30/2010. (Scalfani, Deborah)

July 1, 2010

July 1, 2010

PACER
26

ANSWER to 6 Amended Complaint by City of Boston.(Prior, Ian) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

RECAP
27

ANSWER to 6 Amended Complaint by Jerome Hall-Brewster.(Prior, Ian) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

RECAP
28

ANSWER to 6 Amended Complaint by Peter J. Savalis.(Prior, Ian) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

RECAP
29

ANSWER to 6 Amended Complaint by John Cunniffe.(Prior, Ian) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

RECAP

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered. As suggested by the parties, the Court establishes the following dates to govern this litigation: Rule 26(a) disclosures by July 15, 2010, Initial written discovery by September 17, 2010, completion of all discovery by January 14, 2011, summary judgment motions, if any, filed by March 4, 2011 with oppositions by April 1, 2011, and replies, if any, not to exceed five pages, by April 15, 2010. The Court will hold a status conference in this case on January 18, 2011 at 3:00 p.m. In light of the parties' submissions to date, a formal scheduling conference appears unnecessary, however, if the parties believe such a conference, or a status conference generally, to be useful at this time either party may schedule such a conference now by contacting Ms. Simeone. ( Status Conference set for 1/18/2011 03:00 PM in Courtroom 24 before Magistrate Judge Leo T. Sorokin., Discovery to be completed by 1/14/2011., Motions due by 3/4/2011.)(Simeone, Maria)

July 12, 2010

July 12, 2010

PACER
30

Transcript of Motion Hearing held on June 8, 2010, before Judge William G. Young. COA Case No. 10-1764. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Donald Womack at womack@megatran.com Redaction Request due 8/31/2010. Redacted Transcript Deadline set for 9/10/2010. Release of Transcript Restriction set for 11/8/2010. (Scalfani, Deborah) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

RECAP
31

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

RECAP
32

STIPULATION Re: Protective Order by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis. (Attachments: # 1 Exhibit)(Prior, Ian) (Entered: 08/23/2010)

1 Exhibit

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Aug. 23, 2010

Aug. 23, 2010

RECAP

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ALLOWED except that notwithstanding paragraph 6, the parties shall file a motion to seal any documents they wish to file with the Court under seal. re 32 Stipulation filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis (Simeone, Maria)

Sept. 8, 2010

Sept. 8, 2010

PACER
33

MOTION to Compel Police Reports by Simon Glik.(Milton, David) (Entered: 10/26/2010)

Oct. 26, 2010

Oct. 26, 2010

RECAP
34

ORDER of USCA as to 22 Notice of Appeal, filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis. See Order for details. Order issued in the USCA 8/4/2010 (Ramos, Jeanette) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

RECAP

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered; The Motion to Compel (Dkt#33) is ALLOWED AS UNOPPOSED. re 33 Motion to Compel; (Simeone, Maria)

Nov. 23, 2010

Nov. 23, 2010

PACER
35

MOTION to Compel Production of Documents from Defendant City of Boston by Simon Glik.(Milton, David) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

RECAP
36

MEMORANDUM in Support re 35 MOTION to Compel Production of Documents from Defendant City of Boston filed by Simon Glik. (Milton, David) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

RECAP
37

DECLARATION re 35 MOTION to Compel Production of Documents from Defendant City of Boston by Simon Glik. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Milton, David) (Entered: 12/10/2010)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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Dec. 10, 2010

Dec. 10, 2010

PACER
38

Opposition re 35 MOTION to Compel Production of Documents from Defendant City of Boston filed by City of Boston. (Prior, Ian) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

RECAP
39

Amended Opposition re 35 MOTION to Compel Production of Documents from Defendant City of Boston filed by City of Boston. (Prior, Ian) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

RECAP
40

Assented to MOTION for Leave to File a Reply by Simon Glik. (Attachments: # 1 Proposed Reply, # 2 Exhibit to Proposed Reply)(Milton, David) (Entered: 12/23/2010)

1 Proposed Reply

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2 Exhibit to Proposed Reply

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Dec. 23, 2010

Dec. 23, 2010

PACER

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered ALLOWING the Plaintiff's Assented to Motion for Leave to File a Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Chernetsky, James)

Dec. 29, 2010

Dec. 29, 2010

PACER
41

REPLY to Response to 35 MOTION to Compel Production of Documents from Defendant City of Boston filed by Simon Glik. (Attachments: # 1 Exhibit 1)(Milton, David) (Entered: 12/29/2010)

1 Exhibit 1

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Dec. 29, 2010

Dec. 29, 2010

PACER

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered ALLOWING the Plaintiff's Motion to Compel (Docket # 35). As the City concedes, the suit against it was not stayed by the First Circuit. The City has failed to meet its burden to establish that the investigatory privilege precludes all of the discovery the Plaintiff seeks. The Motion to Compel (docket #35) is ALLOWED and the City shall produce the requested discovery within fourteen days, subject to the terms of this Order. Because the First Circuit has stayed the Plaintiffs case against the individual defendant officers, the Parties need not disclose, and prior to February 28, 2011, the Plaintiff shall not disclose to the other parties in the case the discovery which is the subject of this Order. If the City believes further protection is warranted, it shall file a motion with appropriate supporting documentation prior to February 28, 2011. (Chernetsky, James)

Dec. 29, 2010

Dec. 29, 2010

PACER

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Leo T. Sorokin: Status Conference held on 1/18/2011; Court hears counsel on the status of the case; Case is currently stayed; counsel discuss extending the deadlines for discovery past a decision by the 1st circuit; court requests counsel file a motion with requested dates and a status report re the decision when received; (Court Reporter: Digital Recording.) (Simeone, Maria)

Jan. 18, 2011

Jan. 18, 2011

PACER
42

Joint MOTION for Extension of Time to Complete Discovery by City of Boston, John Cunniffe, Simon Glik, Jerome Hall-Brewster, Peter J. Savalis.(Milton, David) (Entered: 01/24/2011)

Jan. 24, 2011

Jan. 24, 2011

PACER

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 42 Motion for Extension of Time to Complete Discovery 90 days after the decision of the circuit (Simeone, Maria)

Jan. 27, 2011

Jan. 27, 2011

PACER

Judge Douglas P. Woodlock: ELECTRONIC ORDER entered in case 1:10-cv-10150-LTS; denying (15) Motion for Reconsideration in case 1:11-cv-11235-DPW Associated Cases: 1:11-cv-11235-DPW, 1:10-cv-10150-LTS(Woodlock, Douglas)

Aug. 18, 2011

Aug. 18, 2011

PACER
43

OPINION of USCA as to 22 Notice of Appeal, filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis. Opinion issued in the USCA 8/26/2011 (Ramos, Jeanette) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

RECAP
44

USCA Judgment as to 22 Notice of Appeal, filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis. This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court's order denying appellant's claim of qualified immunity is affirmed. Judgment issued in the USCA 8/26/2011 (Ramos, Jeanette) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

RECAP
45

STATUS REPORT and Defendants' Assented-To Motion to Extend Discovery by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis. (Maki, Lisa) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
46

MANDATE of USCA as to 22 Notice of Appeal, filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis. Appeal 22 Terminated. Mandate issued in the USCA 9/20/2011 (Ramos, Jeanette) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

PACER
47

NOTICE of Appearance by Raquel D. Ruano on behalf of City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis (Ruano, Raquel) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
48

MOTION to Maintain Confidentiality of Certain Documents Produced Through Discovery by City of Boston.(Maki, Lisa) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
49

MEMORANDUM in Support re 48 MOTION to Maintain Confidentiality of Certain Documents Produced Through Discovery filed by City of Boston. (Maki, Lisa) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
50

NOTICE by Simon Glik - Opposition to Plaintiff Max Strahan's Motion to Consolidate (Milton, David) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
51

NOTICE by City of Boston, John Cunniffe, Jerome Hall-Brewster, Peter J. Savalis of Opposition to Plaintiff, Richard Strahan's Motion to Consolidate (Maki, Lisa) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Allowed; Discovery deadline extended to 3/29/12. re 45 Status Report filed by Jerome Hall-Brewster, John Cunniffe, City of Boston, Peter J. Savalis, ( Discovery to be completed by 3/29/2012)(Simeone, Maria)

Oct. 14, 2011

Oct. 14, 2011

PACER
52

Opposition re 48 MOTION to Maintain Confidentiality of Certain Documents Produced Through Discovery filed by Simon Glik. (Attachments: # 1 Exhibit 1)(Milton, David) (Entered: 10/19/2011)

1 Exhibit 1

View on PACER

Oct. 19, 2011

Oct. 19, 2011

PACER
53

Magistrate Judge Leo T. Sorokin: ORDER entered. The City of Boston may, no later than November 10, 2011, submit evidence to support its assertion that the internal affairs investigation at issue is ongoing and may submit a supplemental memo, not to exceed five pages; re 48 MOTION to Maintain Confidentiality of Certain Documents Produced Through Discovery filed by City of Boston (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

RECAP
54

Supplemental MEMORANDUM in Support re 48 MOTION to Maintain Confidentiality of Certain Documents Produced Through Discovery filed by City of Boston. (Ruano, Raquel) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

RECAP

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered; The Motion to Maintain Confidentiality (#48) is DENIED except regarding the personal identifying information which the parties have agreed to redact.re 48 Motion to Maintain Confidentiality of Certain Documents Produced Through Discovery (Simeone, Maria)

Nov. 8, 2011

Nov. 8, 2011

PACER

ELECTRONIC NOTICE of Hearing; A. Status Conference has been set for 4/4/2012 03:30 PM in Courtroom 24 before Magistrate Judge Leo T. Sorokin. (Simeone, Maria)

Jan. 10, 2012

Jan. 10, 2012

PACER
55

NOTICE of Appearance by Ian D. Prior on behalf of John Cunniffe (Prior, Ian) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER
56

NOTICE of Appearance by Hugh R. Curran on behalf of Jerome Hall-Brewster, Peter J. Savalis (Curran, Hugh) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER
57

MOTION for Hearing (Status Conference) by Simon Glik.(Milton, David) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

PACER
58

REFERRING CASE to Alternative Dispute Resolution. The parties have requested a mediation with MJ Dein.(Simeone, Maria) (Entered: 01/19/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 57 Motion for Hearing (Simeone, Maria)

Jan. 19, 2012

Jan. 19, 2012

PACER

ELECTRONIC NOTICE of Hearing. A Status Conference has been set for 1/26/2012 10:30 AM in Courtroom 24 before Magistrate Judge Leo T. Sorokin. (Simeone, Maria)

Jan. 19, 2012

Jan. 19, 2012

PACER

ELECTRONIC NOTICE of assignment to ADR Provider. Chief Magistrate Judge Judith G. Dein appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne)

Jan. 20, 2012

Jan. 20, 2012

PACER

ELECTRONIC NOTICE OF AND ORDER REGARDING ADR CONFERENCE: Mediation before Ch. Magistrate Judge Dein set for Monday, March 5, 2012, at 10:00AM in Courtroom #15 on the 5th Floor. Counsel are directed to be present with their clients or representatives thereof with full settlement authority. No later than three days before the conference, each party shall submit (by mail or hand delivery) to Judge Dein a brief memorandum marked "Confidential - Not for Docketing" addressing the party's position on the merits of the case and on settlement. If you believe the case is not ripe for mediation at this time, please notify opposing counsel and the court as soon as possible. (Dambrosio, Jolyne)

Jan. 23, 2012

Jan. 23, 2012

PACER
59

Assented to MOTION to Continue Status Conference to after March 5, 2012 by Simon Glik.(Milton, David) (Entered: 01/23/2012)

Jan. 23, 2012

Jan. 23, 2012

PACER

Magistrate Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 59 Motion to Continue; The Status Conference has been reset for 3/8/2012 03:00 PM in Courtroom 24 before Magistrate Judge Leo T. Sorokin. (Simeone, Maria)

Jan. 24, 2012

Jan. 24, 2012

PACER
60

NOTICE of Withdrawal of Appearance by Lisa Skehill Maki on behalf of John Cunniffe, Peter J. Savalis, and Jerome Hall-Brewster (Maki, Lisa) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
61

NOTICE of Withdrawal of Appearance by Raquel D. Ruano (Ruano, Raquel) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
62

MOTION To Maintain Confidentiality of Certain Documents Produced Through Discovery by City of Boston.(Maki, Lisa) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
63

MEMORANDUM in Support re 62 MOTION To Maintain Confidentiality of Certain Documents Produced Through Discovery filed by City of Boston. (Maki, Lisa) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
64

Opposition re 62 MOTION To Maintain Confidentiality of Certain Documents Produced Through Discovery filed by Simon Glik. (Attachments: # 1 Exhibit 1)(Milton, David) (Entered: 03/02/2012)

1 Exhibit 1

View on PACER

March 2, 2012

March 2, 2012

PACER

ELECTRONIC REPORT OF ADR PROVIDER. Magistrate Judge Dein: On March 5, 2012, I conducted a mediation in this case. All parties were represented by counsel, and were present in person, by telephone or by authorized corporate officer. The case was settled. Your clerk should enter a 45-day order of dismissal. (Dambrosio, Jolyne)

March 5, 2012

March 5, 2012

PACER
65

Ch. Magistrate Judge Leo T. Sorokin: ORDER entered. 45 SETTLEMENT ORDER OF DISMISSAL (Simeone, Maria) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

RECAP

Civil Case Terminated. (Simeone, Maria)

March 6, 2012

March 6, 2012

PACER
66

STIPULATION of Dismissal of all Claims With Prejudice by City of Boston, John Cunniffe, Simon Glik, Jerome Hall-Brewster, Peter J. Savalis. (Maki, Lisa) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

RECAP

Case Details

State / Territory: Massachusetts

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 1, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Citizen of Massachusetts arrested for videotaping Boston police officers arresting another individual in a park.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Boston (Suffolk), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $170,000

Issues

General:

Failure to discipline

Failure to supervise

Failure to train

False arrest

Loss or damage to property

Phone

Record-keeping