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 attorneys, see: https://www.courtlistener.com/docket/4273780/parties/glik-v-cunniffe/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Alland, Alexandra B. (Massachusetts)

Beauchesne, Dawn M. (Massachusetts)

Bok, Geoffrey R. (Massachusetts)

Boscia, John J. (Massachusetts)

Expert/Monitor/Master/Other

Bavitz, Christopher T. (Massachusetts)

Documents in the Clearinghouse

Documents in this case

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

Resources related to this case
Title Description External URL Date / External URL

Appeals Court Unanimously Affirms Right to Videotape Police

American Civil Liberties Union

This article offers strong explanation of what impact this case has on American constitutional rights. 2011

Aug. 29, 2011

https://www.aclu.org/...

Docket

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

Last updated April 7, 2025, 1:34 p.m.

Docket for: Glik v. Cunniffe
ECF Number Date Description Link
Feb. 1, 2010

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) (Entered: 02/01/2010)

PACER
1 Feb. 1, 2010

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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RECAP
2 Feb. 1, 2010

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)

RECAP
Feb. 1, 2010

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)

3 Feb. 2, 2010

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

RECAP
4 Feb. 2, 2010

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

RECAP
5 Feb. 2, 2010

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

RECAP
Feb. 3, 2010

Case Reassigned to Judge William G. Young. Judge Nancy Gertner no longer assigned to the case. (Cummings, Mary) (Entered: 02/03/2010)

PACER
Feb. 3, 2010

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

6 Feb. 5, 2010

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

RECAP
7 Feb. 11, 2010

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

RECAP
8 March 5, 2010

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

RECAP
9 March 10, 2010

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)

RECAP
10 March 10, 2010

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)

RECAP
11 March 10, 2010

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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RECAP
12 March 30, 2010

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)

RECAP
March 31, 2010

Judge William G. Young: ELECTRONIC ORDER entered granting 12 MOTION for Extension of Time to April 23, 2010 to File Responsive Pleadings (Paine, Matthew) (Entered: 03/31/2010)

PACER
13 March 31, 2010

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)

RECAP
March 31, 2010

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

14 April 22, 2010

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

RECAP
15 April 22, 2010

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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RECAP
April 28, 2010

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) (Entered: 04/28/2010)

PACER
April 28, 2010

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)

16 April 30, 2010

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)

RECAP
May 4, 2010

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) (Entered: 05/04/2010)

PACER
May 4, 2010

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)

17 May 14, 2010

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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RECAP
June 8, 2010

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) (Entered:

PACER
June 8, 2010

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)

18 June 18, 2010

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)

RECAP
June 21, 2010

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) (Entered: 06/21/2010)

PACER
June 21, 2010

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)

19 June 22, 2010

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

RECAP
20 June 22, 2010

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

RECAP
21 June 22, 2010

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

RECAP
22 June 23, 2010

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)

RECAP
23 June 23, 2010

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

RECAP
June 24, 2010

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) (Entered: 06/24/2010)

PACER
June 24, 2010

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 25, 2010

Filing fee/payment: $ 455.00, receipt number BST018061 for 22 Notice of Appeal, (Russo, Patricia) (Entered: 06/25/2010)

PACER
June 25, 2010

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

24 June 28, 2010

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)

RECAP
June 29, 2010

Judge William G. Young: ELECTRONIC ORDER entered denying 24 MOTION to Stay District Court Proceedings Pending Appeal (Paine, Matthew) (Entered: 06/29/2010)

PACER
June 29, 2010

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) (Entered: 06/29/2010)

PACER
25 June 29, 2010

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)

RECAP
June 29, 2010

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

June 29, 2010

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)

July 1, 2010

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) (Entered: 07/02/2010)

PACER
July 1, 2010

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)

26 July 8, 2010

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

RECAP
27 July 8, 2010

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

RECAP
28 July 8, 2010

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

RECAP
29 July 8, 2010

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

RECAP
July 12, 2010

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) (Entered: 07/12/2010)

PACER
July 12, 2010

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)

30 Aug. 10, 2010

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)

RECAP
31 Aug. 10, 2010

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)

RECAP
32 Aug. 23, 2010

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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RECAP
Sept. 8, 2010

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) (Entered: 09/08/2010)

PACER
Sept. 8, 2010

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)

33 Oct. 26, 2010

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

RECAP
34 Oct. 27, 2010

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)

RECAP
Nov. 23, 2010

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) (Entered: 11/23/2010)

PACER
Nov. 23, 2010

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)

35 Dec. 10, 2010

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

RECAP
36 Dec. 10, 2010

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)

RECAP
37 Dec. 10, 2010

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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RECAP
38 Dec. 21, 2010

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)

RECAP
39 Dec. 21, 2010

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)

RECAP
40 Dec. 23, 2010

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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RECAP
Dec. 29, 2010

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) (Entered: 12/29/2010)

PACER
Dec. 29, 2010

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) (Entered: 12/29/2010)

PACER
41 Dec. 29, 2010

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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RECAP
Dec. 29, 2010

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

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)

Jan. 18, 2011

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) (Entered: 01/19/2011)

PACER
Jan. 18, 2011

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)

42 Jan. 24, 2011

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)

RECAP
Jan. 27, 2011

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) (Entered: 01/27/2011)

PACER
Jan. 27, 2011

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)

Aug. 18, 2011

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) (Entered: 08/18/2011)

PACER
Aug. 18, 2011

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)

43 Aug. 29, 2011

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)

RECAP
44 Aug. 29, 2011

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)

RECAP
45 Sept. 12, 2011

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)

RECAP
46 Sept. 21, 2011

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)

RECAP
47 Sept. 30, 2011

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)

RECAP
48 Oct. 5, 2011

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

RECAP
49 Oct. 5, 2011

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)

RECAP
50 Oct. 11, 2011

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

RECAP
51 Oct. 11, 2011

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)

RECAP
Oct. 14, 2011

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) (Entered: 10/14/2011)

PACER
Oct. 14, 2011

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)

52 Oct. 19, 2011

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

RECAP
53 Nov. 1, 2011

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)

RECAP
54 Nov. 7, 2011

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)

RECAP
Nov. 8, 2011

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) (Entered: 11/08/2011)

PACER
Nov. 8, 2011

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)

Jan. 10, 2012

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) (Entered: 01/10/2012)

PACER
Jan. 10, 2012

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)

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

City of Boston

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

District of Massachusetts 1:10-cv-10150

U.S. Court of Appeals for the First Circuit 10-01764

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $170,000

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Loss or damage to property

Record-keeping

Policing:

False arrest

Phone (policing)

Recommended Citation