Case: Amarat v. City of Worcester

4:23-cv-40065 | U.S. District Court for the District of Massachusetts

Filed Date: May 31, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 31, 2023, twelve residents of Massachusetts filed this class action lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the city of Worcester, its city manager, the chief of the Worcester police department, and several Worcester police officers under 42 U.S.C. § 1983. Represented by private, the plaintiffs sought compensatory and punitive damages as well as injunctive relief. The case was assigned to Magistrate Judge David H. Hennessy and Judge Marga…

On May 31, 2023, twelve residents of Massachusetts filed this class action lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the city of Worcester, its city manager, the chief of the Worcester police department, and several Worcester police officers under 42 U.S.C. § 1983. Represented by private, the plaintiffs sought compensatory and punitive damages as well as injunctive relief. The case was assigned to Magistrate Judge David H. Hennessy and Judge Margaret R. Guzman. 


The plaintiffs claimed that police had retaliated against peaceful protestors who were merely there to observe the officers’ conduct. The plaintiffs sought relief in order to hold the officers accountable for their actions. They brought an unreasonable force claim as well as a First Amendment violation that claimed the officers had retaliated against the plaintiffs for exercising their right to protest. The plaintiffs also brought assault, battery, false imprisonment and intentional infliction of emotional distress claims. Lastly, the plaintiffs brought state and federal law conspiracy claims arguing that the defendants had conspired to use excessive force on the plaintiffs and subsequently concocted false narratives in order to provide reasoning for their arrest. 


On June 1, 2023, the plaintiffs filed an amended complaint with additional facts, but the parties and claims remained the same. 


On November 16, 2023, the case was reassigned to Judge Timothy S. Hillman and then reassigned to Judge Mark G. Mastroianni on December 4, 2023. 


As of December 15, 2023, this case was ongoing. 

Summary Authors

Rhea Sharma (1/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67459126/parties/amarat-v-city-of-worcester/


Judge(s)

Hennessy, David H. (Massachusetts)

Attorney for Plaintiff

Hennessey, Joseph F. (Massachusetts)

Pineiro, Hector E. (Massachusetts)

Scott, Robert A. (Massachusetts)

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Documents in the Clearinghouse

Document
1

4:23-cv-40065

Class Action Complaint

May 31, 2023

May 31, 2023

Complaint
6

4:23-cv-40065

Class Action First Amended Complaint

June 1, 2023

June 1, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67459126/amarat-v-city-of-worcester/

Last updated March 18, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action against All Defendants Filing fee: $ 402, receipt number AMADC-9881920 (Fee Status: Filing Fee paid), filed by javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard P. Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 BOPS IAD report Amarat, # 4 Exhibit 2 Nolle prosequis for Plaintiffs, # 5 Exhibit 3 BOPS IAD Demanbey, # 6 Exhibit 4 Letter Chief Sargent Richard Cummings IAD, # 7 Exhibit 5 BOPS IAD investigation Euga)(Pineiro, Hector) (Entered: 05/31/2023)

1 Civil Cover Sheet

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2 Category Form

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3 Exhibit 1 BOPS IAD report Amarat

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4 Exhibit 2 Nolle prosequis for Plaintiffs

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5 Exhibit 3 BOPS IAD Demanbey

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6 Exhibit 4 Letter Chief Sargent Richard Cummings IAD

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7 Exhibit 5 BOPS IAD investigation Euga

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May 31, 2023

May 31, 2023

Clearinghouse
2

NOTICE of Appearance by Joseph F. Hennessey on behalf of javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard P. Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin (Hennessey, Joseph) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
3

NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Burgos, Sandra) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER

Notice of Case Assignment to a Magistrate Judge

June 1, 2023

June 1, 2023

PACER
4

Summons Issued as to All Defendants. 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. (Burgos, Sandra) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
5

NOTICE of Appearance by Robert A. Scott on behalf of Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Ric hard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin (Scott, Robert) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
6

AMENDED COMPLAINT Class Action against All Defendants, filed by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Ric hard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin. (Attachments: # 1 Exhibit BOPS IAD report Amarat, # 2 Exhibit 2 Nolle Prosequi Plaintiffs, # 3 Exhibit 3 BOPS IAD Demanbey, # 4 Exhibit 4 Letter Chief Sargent to Richard Cummings IAD conclusions, # 5 Exhibit 5 BOPS IAD investigation Christopher Euga)(Pineiro, Hector) (Entered: 06/01/2023)

1 Exhibit BOPS IAD report Amarat

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2 Exhibit 2 Nolle Prosequi Plaintiffs

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3 Exhibit 3 BOPS IAD Demanbey

View on PACER

4 Exhibit 4 Letter Chief Sargent to Richard Cummings IAD conclusions

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5 Exhibit 5 BOPS IAD investigation Christopher Euga

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June 1, 2023

June 1, 2023

RECAP
7

WAIVER OF SERVICE Returned Executed by Sam Bishop, Jay Verchin, Veronica Euga, Javier Amarat, Olyvia Crum, Christopher Euga, Antonio Barrera, Sarah Drapeau, Max Marcotte, Lyndsey Demanbey, Richard Cummings. Edward M. Augustus waiver sent on 7/10/2023, answer due 9/8/2023; Duy Chao waiver sent on 7/10/2023, answer due 9/8/2023; City of Worcester waiver sent on 7/10/2023, answer due 9/8/2023; Trevis Coleman waiver sent on 7/10/2023, answer due 9/8/2023; David P. Doherty waiver sent on 7/10/2023, answer due 9/8/2023; Michael R. Girouard waiver sent on 7/10/2023, answer due 9/8/2023; David Green waiver sent on 7/10/2023, answer due 9/8/2023; Brett J. Kubiak waiver sent on 7/10/2023, answer due 9/8/2023; Nathan Lafleche waiver sent on 7/10/2023, answer due 9/8/2023; Daniel Lopopolo waiver sent on 7/10/2023, answer due 9/8/2023; Michael R. Loverin waiver sent on 7/10/2023, answer due 9/8/2023; Ryan Maher waiver sent on 7/10/2023, answer due 9/8/2023; Brian Piskator waiver sent on 7/10/2023, answer due 9/8/2023; Shawn Tivnan waiver sent on 7/10/2023, answer due 9/8/2023; Jarrett Watkins waiver sent on 7/10/2023, answer due 9/8/2023. (Attachments: # 1 Duy Chao Waiver Service, # 2 Michael Loverin Waiver Service, # 3 David Doherty Waiver Service, # 4 Ryan Maher Waiver Service, # 5 Daniel Lopopolo Waiver of Service, # 6 David Green Waiver Service, # 7 Nathan Lafleche waiver service, # 8 Brian Piskator waiver service, # 9 Brett Kubiak Waiver Service, # 10 Shawn Tivnan Waiver Service, # 11 City of Worcester Waiver Service, # 12 Edward Augustus Waiver of Service)(Pineiro, Hector) Modified docket text to reflect correct answer due date on 8/17/2023 (Burgos, Sandra). (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
8

WAIVER OF SERVICE Returned Executed by Sam Bishop, Jay Verchin, Veronica Euga, Javier Amarat, Olyvia Crum, Christopher Euga, Antonio Barrera, Sarah Drapeau, Max Marcotte, Lyndsey Demanbey, Richard Cummings. Steven W. Sargent waiver sent on 7/10/2023, answer due 9/8/2023. (Pineiro, Hector) (Entered: 08/12/2023)

Aug. 12, 2023

Aug. 12, 2023

PACER
9

WAIVER OF SERVICE Returned Executed by Sam Bishop, Jay Verchin, Veronica Euga, Javier Amarat, Olyvia Crum, Christopher Euga, Antonio Barrera, Sarah Drapeau, Max Marcotte, Lyndsey Demanbey, Richard Cummings. Shawn Frigon waiver sent on 7/10/2023, answer due 9/8/2023. (Pineiro, Hector) Modified answer due date on 8/22/2023 (Burgos, Sandra). (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
10

NOTICE of Appearance by John K. Vigliotti on behalf of Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins (Vigliotti, John) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER
11

NOTICE of Appearance by Andrew J. Gambaccini on behalf of Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins (Gambaccini, Andrew) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER
12

Assented to MOTION for Extension of Time to September 22, 2023 to File Answer re 6 Amended Complaint,, by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins.(Vigliotti, John) (Entered: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

PACER
13

NOTICE of Appearance by Charles Dunstan Boddy, Jr on behalf of Steven W. Sargent (Boddy, Charles) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

PACER

Order on Motion for Extension of Time to Answer AND Order on Motion for Extension of Time to Answer

Sept. 11, 2023

Sept. 11, 2023

PACER
14

NOTICE of Appearance by Charles Dunstan Boddy, Jr on behalf of Edward M. Augustus (Boddy, Charles) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

PACER
15

NOTICE of Appearance by Charles Dunstan Boddy, Jr on behalf of City of Worcester (Boddy, Charles) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

PACER
16

MOTION for Extension of Time to September 22, 2023 to File Answer re 1 Complaint,, by Steven W. Sargent.(Boddy, Charles) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

PACER
17

Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered granting 12 Assented to MOTION for Extension of Time to September 22, 2023 to File Answer re 6 Amended Complaint, by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins ; granting 16 MOTION for Extension of Time to September 22, 2023 to File Answer re 1 Complaint, by Steven W. Sargent. David Green answer due 9/22/2023; David P. Doherty answer due 9/22/2023; Shawn Tivnan answer due 9/22/2023; Michael R. Girouard answer due 9/22/2023; Brett J. Kubiak answer due 9/22/2023; Daniel Lopopolo answer due 9/22/2023; Trevis Coleman answer due 9/22/2023; Duy Chao answer due 9/22/2023; Michael R. Loverin answer due 9/22/2023; Jarrett Watkins answer due 9/22/2023; Shawn Frigon answer due 9/22/2023; Nathan Lafleche answer due 9/22/2023; Steven W. Sargent answer due 9/22/2023; Ryan Maher answer due 9/22/2023; Brian Piskator answer due 9/22/2023. (King, Dawn) (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

PACER
18

ANSWER to Complaint with Jury Demand by City of Worcester.(Boddy, Charles) (Entered: 09/21/2023)

Sept. 21, 2023

Sept. 21, 2023

PACER
19

ANSWER to 6 Amended Complaint,, by Duy Chao, Trevis Coleman, David P. Doherty, Shawn Frigon, Michael R. Girouard, David Green, Brett J. Kubiak, Nathan Lafleche, Daniel Lopopolo, Michael R. Loverin, Ryan Maher, Brian Piskator, Shawn Tivnan, Jarrett Watkins.(Vigliotti, John) (Entered: 09/22/2023)

Sept. 22, 2023

Sept. 22, 2023

PACER
20

ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (King, Dawn) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER

Notice of Scheduling Conference

Oct. 2, 2023

Oct. 2, 2023

PACER

Reminder to Submit Consent or Refusal of MJ Jurisdiction

Oct. 2, 2023

Oct. 2, 2023

PACER
21

ELECTRONIC NOTICE of Scheduling Conference. Scheduling Conference VIA VIDEO set for 10/27/2023 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(King, Dawn) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
22

Refusal to Consent to Proceed Before a US Magistrate Judge. . (Scott, Robert) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER

Notice of Case Assignment

Oct. 20, 2023

Oct. 20, 2023

PACER
23

ELECTRONIC NOTICE of Case Reassignment. District Judge Margaret R. Guzman 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 David H. Hennessy. (Burgos, Sandra) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
24

ELECTRONIC NOTICE OF RESCHEDULING. Scheduling Conference reset for 11/16/2023 at 2:00 PM in Courtroom 2 - Worcester (Remote only) before District Judge Margaret R. Guzman. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Castles, Martin) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER

Notice of Rescheduling

Oct. 23, 2023

Oct. 23, 2023

PACER
25

JOINT SUBMISSION pursuant to Local Rule 16.1 by Javier Amarat, Antonio Barrera, Sam Bishop, Olyvia Crum, Richard Cummings, Lyndsey Demanbey, Sarah Drapeau, Christopher Euga, Veronica Euga, Max Marcotte, Jay Verchin.(Scott, Robert) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
26

STIPULATION of Dismissal for Claims against Michael Loverin by Michael R. Loverin. (Vigliotti, John) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

PACER
27

District Judge Margaret R. Guzman: ORDER entered. ORDER OF RECUSAL.(Castles, Martin) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

PACER

Notice of Reassignment

Nov. 16, 2023

Nov. 16, 2023

PACER

Order Canceling Deadline

Nov. 16, 2023

Nov. 16, 2023

PACER
28

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. ORDER Canceling Deadline. The Scheduling Conference set for 11/16/2023 is hereby canceled.(Castles, Martin) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

PACER
29

ELECTRONIC NOTICE of Reassignment. District Judge Timothy S. Hillman added. District Judge Margaret R. Guzman no longer assigned to case. (Burgos, Sandra) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

PACER
30

ELECTRONIC NOTICE of Reassignment. Judge Mark G. Mastroianni added. Case redrawn according to Local Rule 40.1(i). District Judge Timothy S. Hillman no longer assigned to case. (Danieli, Chris) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER

Notice of Reassignment

Dec. 4, 2023

Dec. 4, 2023

PACER
31

Judge Mark G. Mastroianni: ELECTRONIC ORDER ENTERED REFERRING CASE to Magistrate Judge David H. Hennessy. Case referred for: Full Pretrial, No Dispositive Motions (ptn). (Healy, Bethaney) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER

Order Referring Case to Magistrate Judge

Dec. 5, 2023

Dec. 5, 2023

PACER
32

ELECTRONIC NOTICE of Scheduling Conference. Scheduling Conference VIA VIDEO set for 1/4/2024 at 10:00 AM in Courtroom 1 - Worcester (Remote only) before Magistrate Judge David H. Hennessy. If the parties wish to submit proposed revised deadlines, please file an amended joint proposed scheduling order. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (King, Dawn) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

PACER

Notice of Scheduling Conference

Dec. 15, 2023

Dec. 15, 2023

PACER
33

Joint statement re scheduling conference

Jan. 3, 2024

Jan. 3, 2024

PACER
35

Scheduling Order

Jan. 4, 2024

Jan. 4, 2024

PACER

Scheduling Conference

Jan. 4, 2024

Jan. 4, 2024

PACER
36

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
37

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
38

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
39

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
40

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
41

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
42

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
43

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER
44

Certification pursuant to Rule 16.1

Jan. 25, 2024

Jan. 25, 2024

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Policing

Key Dates

Filing Date: May 31, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Twelve residents of Massachusetts.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Worcester (Worcester), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Policing:

Excessive force

False arrest