This year, BHPK is proud to celebrate its 30th anniversary! BHPK continues to grow and change, and we are grateful for everyone who has had a hand in our success over the years. Special thanks to Rick Brody, Larry Hardoon, Lenny Kesten, Sam Perkins, Elizabeth Joyce and Deborah Corbett for growing the firm from the ground up – and to the best clients, attorneys, and staff for making every day possible.
BHPK attorneys Thomas Donohue and Nina Bonelli successfully obtained a dismissal of the Plaintiffs’ state claims against the Town of Milton and its police chief, John King. Previously, BHPK had been granted a dismissal of the Plaintiffs’ federal claims under 42 U.S.C. § 1983, and the Plaintiffs’ remaining state claims (MRCA, negligence, and vicarious liability) were remanded for reconsideration in Norfolk Superior Court.
The Plaintiffs claimed that their minor child was injured during a confrontation with an off-duty Milton police officer in her home. After motion practice, the court agreed that the Plaintiffs’ state counts against Milton and Chief King should be dismissed as municipalities cannot be subject to liability under the MRCA, Chief King is protected by both qualified and common law immunity, and public employees are immune from suit based on allegedly negligent conduct committed within the scope of their employment under the MTCA. Additionally, the court agreed that the Plaintiffs’ negligence claims failed because the Town was not the “original cause” of the Plaintiffs’ alleged injuries, and there was no specific allegation that the Town or its policy makers were aware or should have been aware of problems with training that would have led to the co-defendant police officer assaulting her child’s house guest.
Attorney Donohue prepared the motion to dismiss, while Attorney Bonelli handled the argument.
Erica Brody and Michael Glennon were awarded a summary judgment dismissal on behalf of a Whitman Police Department sergeant in a personal injury matter brought against the Whitman Police Department and several officers. The plaintiff had alleged that he was battered, falsely imprisoned and falsely arrested by Whitman police officers following a citizen report of a road rage incident. Erica and Mike argued that their client was entitled to common law immunity for the tort claims against him, and the court agreed, noting that the record was devoid of evidence that the sergeant acted with a dishonest purpose, conscious wrongdoing, or some motive of interest or ill will.
Tom Donohue and Francesca Papia recently obtained a defense verdict after a five day federal court trial. The plaintiffs had alleged that their Fourth Amendment rights were violated when a State Police Trooper responded to a sober house in response to a call for an overdose. After a short deliberation, the jury disagreed with the plaintiffs’ allegations and judgment entered for BHPK’s client.
Michael Glennon recently obtained an important decision in district court on behalf of the Boston Area Rape Crisis Center. The judge ruled that a defendant in a criminal case was not entitled to records he sought from BARCCC which related to a victim’s communications with a BARCC advocate. Under the Lampron-Dwyer protocol, the defendant must demonstrate a factual basis for believing the records contain material that has evidentiary value. Mike argued that the defendant’s request was little more than a fishing expedition intended to further harass the victim. The judge agreed and the defendant’s Rule 17 motion was denied.
Lenny Kesten and Natasha Meserve were awarded summary judgment in their client’s favor in a personal injury case in which a plaintiff fell off a bike ramp at a local campground. BHPK represented the manufacturer of the bike ramp and was brought into the case for contribution and indemnification by the campground. However, no facts were offered to support any negligence against BHPK’s client for their design and manufacturing of the bike ramp, and summary judgment was awarded in their favor.
Tom Donohue and Francesca Papia recently obtained a dismissal in Suffolk Superior on behalf of the MBTA, its Transit Police Department Chief of Police, and its Police Superintendent. The plaintiff, a former transit police officer, alleged that he was subjected to race discrimination, a hostile work environment, and retaliation, in violation of M.G.L. c. 151B, which caused him to resign from the police department. After motions to dismiss, the judge dismissed all counts against all defendants.
Crystal Huff and Tom Donohue obtained a summary judgment dismissal for BHPK’s municipal client in an employment matter filed by a Salem Police Department lieutenant. The plaintiff claimed that he was not promoted to captain in 2021 based on alleged whistleblowing activity in 2017. BHPK argued that there was ample evidence to show that the plaintiff was not promoted because of his extensive disciplinary history. The court agreed there was no evidence to the contrary and allowed BHPK’s summary judgment.
Tom Donohue and Francesca Papia were awarded a summary judgment dismissal in federal court on behalf of several Fall River police officers. The plaintiff asserted Fourth Amendment violations and state law claims for an unlawful entry and excessive force during the officers’ response to his apartment building for a call that later turned out to be a hoax. The judge found no evidence that the officers were negligent during their response and entered judgment for all defendants.
Leonard Kesten and Francesca Papia were awarded a summary judgment dismissal in federal court on behalf of the City of Lawrence and its Fire Chief. The plaintiff had alleged that he was terminated by Lawrence on the basis of a disability and brought claims under the Americans with Disabilities Act. BHPK argued that the plaintiff had failed to provide sufficient evidence that he had a legally cognizable disability within the meaning of the ADA or Chapter 151B, and argued that his termination was justified because he failed to complete the Academy within the statutory probationary period. As a result, summary judgment was granted for BHPK’s municipal clients.
