University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Glik v. Cunniffe FA-MA-0002
Docket / Court 1:10-cv-10150-LTS ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Speech and Religious Freedom
Attorney Organization ACLU Chapters (any)
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 ... read more >
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.

Emma Bao - 06/21/2013


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Freedom of speech/association
Defendant-type
Law-enforcement
General
Failure to discipline
Failure to supervise
Failure to train
False arrest
Loss or damage to property
Phone
Record-keeping
Plaintiff Type
Private Plaintiff
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) City of Boston
Plaintiff Description Citizen of Massachusetts arrested for videotaping Boston police officers arresting another individual in a park.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Docket(s)
1:10−cv−10150 (D. Mass.) 03/29/2012
FA-MA-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/01/2010
FA-MA-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 02/05/2010
FA-MA-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
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 04/22/2010
FA-MA-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Opposition to Defendant's Motion to Dismiss 05/14/2010
FA-MA-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
USCA Order of Court [Motion to Stay] 08/04/2010
FA-MA-0002-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Brief of Appellants John Cunniffe, Peter Savalis, and Jerome Hall-Brewster 12/13/2010
FA-MA-0002-0005.pdf | Detail
Document Source: Westlaw
Brief of Plaintiff-Appellee Glik 01/18/2011
FA-MA-0002-0006.pdf | Detail
Document Source: Westlaw
Brief of Citizen Media Law Project and others as Amici Curiae in support of Plaintiff-Appellee 01/27/2011
FA-MA-0002-0008.pdf | Detail
Document Source: Westlaw
Corrected brief of Amici Curiae In support of Plaintiff-Appellee Simon Glik and affirmance of the ruling below 02/09/2011
FA-MA-0002-0007.pdf | Detail
Document Source: Westlaw
Opinion [Court of Appeals affirming District Court's order denying defendants' qualified immunity claim; 10-1764] 08/26/2011 (655 F.3d 78)
FA-MA-0002-0012.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
City of Boston pays $170,000 to settle landmark case involving man arrested for recording police with cell phone 03/27/2012
FA-MA-0002-0011.pdf | Detail
All Parties’ Joint Stipulation of Dismissal of All Claims With Prejudice 03/29/2012
FA-MA-0002-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Howard, Jeffrey R. (First Circuit)
FA-MA-0002-0012
Lipez, Kermit Victor (First Circuit)
FA-MA-0002-0009 | FA-MA-0002-0012
Sorokin, Leo Theodore (D. Mass.) [Magistrate]
FA-MA-0002-9000
Thompson, Ojetta Rogeriee (First Circuit)
FA-MA-0002-0009
Torruella, Juan R. (First Circuit, D.P.R.)
FA-MA-0002-0009 | FA-MA-0002-0012
Monitors/Masters None on record
Plaintiff's Lawyers Friedman, Howard (Massachusetts)
FA-MA-0002-0001 | FA-MA-0002-0002 | FA-MA-0002-0006 | FA-MA-0002-0010 | FA-MA-0002-0012 | FA-MA-0002-9000
Milton, David (Massachusetts)
FA-MA-0002-0001 | FA-MA-0002-0002 | FA-MA-0002-0004 | FA-MA-0002-0006 | FA-MA-0002-0010 | FA-MA-0002-0012 | FA-MA-0002-9000
Wunsch, Sarah (Massachusetts)
FA-MA-0002-0001 | FA-MA-0002-0002 | FA-MA-0002-0004 | FA-MA-0002-0006 | FA-MA-0002-0010 | FA-MA-0002-0012 | FA-MA-0002-9000
Defendant's Lawyers Curran, Hugh R (Massachusetts)
FA-MA-0002-0010 | FA-MA-0002-9000
Maki, Lisa Skehill (Massachusetts)
FA-MA-0002-0005 | FA-MA-0002-0012 | FA-MA-0002-9000
Prior, Ian D. (Massachusetts)
FA-MA-0002-0003 | FA-MA-0002-0005 | FA-MA-0002-0010 | FA-MA-0002-0012 | FA-MA-0002-9000
Ruano, Raquel D. (Massachusetts)
FA-MA-0002-9000
Sinnott, William F. (Massachusetts)
FA-MA-0002-0005 | FA-MA-0002-0010 | FA-MA-0002-0012
Skehill, Lisa A. (Massachusetts)
FA-MA-0002-0003 | FA-MA-0002-0010
Other Lawyers Bavitz, Christopher T. (Massachusetts)
FA-MA-0002-0008
Samant, Anjana (New York)
FA-MA-0002-0007 | FA-MA-0002-0012
Strahan, Richard Max (Massachusetts)
FA-MA-0002-9000

- click to show/hide ALL -

new search
page permalink

- top of page -