Francesca first started at BHPK as a law clerk in 2019, before joining the firm as an associate in 2021 upon graduation from law school. In the past five years, she has consistently proven herself to be an invaluable member of our firm, with a tireless work ethic, and impressive results for her clients, time and time again.

Mike joined BHPK in 2024 after several years in private practice and almost a decade before that in the Suffolk County DA’s office. Through his work, he has proven to be a dedicated advocate on behalf of survivors and victims of sexual assault, as well as a respected mentor to newer attorneys and law students.

Beyond their resumes, both Francesca and Mike possess the same core values that our firm was built on 30 years ago and we are excited to move forward with their added leadership on our team.

Congratulations to both on this well-deserved promotion!

Crystal Huff successfully defended the Wareham School Committee in a class action grievance filed by the Wareham Education Association for an alleged violation of the collective bargaining agreement. The disagreement stemmed from the inclusion of Student Growth Percentile (SGP) data in observation reports of certain union members’ evaluations. After exhausting internal grievance steps, the parties agreed to arbitration. Ultimately, the arbitrator found that the union did not meet its burden of proof that a contractual violation had occurred and denied the grievance – namely because the law requires SGP to be used in the evaluation process, it was not used as the basis for the summative evaluation, and its inclusion, in some form, had been used in previous years. Congratulations to Crystal!

Congratulations to Lenny Kesten and Erica Brody for their $11 million jury verdict in Suffolk Superior Court! The jury’s decision capped a protracted legal battle by Major Kathryn Downey, a 20-year veteran of the force, who first filed suit in 2018, claiming retaliation and gender discrimination. The case was initially dismissed in 2021 after summary judgment, but the appeals court reinstated Downey’s claims against the State Police last year, paving the way for a trial. After an eight day trial, jurors found that Downey suffered “emotional distress” and that discriminatory acts by the State Police were “intentional and reckless or recklessly indifferent”. They ordered the state to pay $10 million in punitive damages and $1 million in compensatory damages. In a statement to the Boston Globe, Downey’s attorneys, Leonard Kesten and Erica Brody, said the verdict “sends a clear message: discrimination is unacceptable and will not be tolerated, especially in a profession tasked with upholding the law for all people.” Congratulations to Lenny and Erica – and to Major Downey for her continued advocacy for equity in this male dominated field.

Read article.

Crystal Huff and Tom Donohue recently obtained a summary judgment dismissal in Superior Court for their client, the Town of Dracut. The dismissal was the conclusion of almost a decade of litigation that spanned through the Superior Court, United States District and the First Circuit Court of Appeals. The Plaintiff, a former member of the Dracut Police Department, alleged that the defendants had conspired to retaliate against him for reporting alleged corruption in the Department. After winning summary judgment in federal court, the First Circuit affirmed most of the USDC’s decision, but remanded some of the Plaintiff’s state law claims to state court. Those claims included the Massachusetts Whistleblower Act against Dracut and intentional interference with advantageous relations against two individuals at the Police Department. The Defendants each moved separately for summary judgment which was allowed after a hearing.

BHPK’s Michael Glennon recently joined Mike Beaudet and WCVB Channel 5 to discuss the groundbreaking work he is doing on behalf of survivors of human trafficking and the hotels that profit off their suffering. BHPK is proud to support his efforts, and equally proud to stand with clients such as Audra as they work together to hold those accountable. For more info on Safe Exit Initiative, please click here: https://safeexitinitiative.org/ 

https://www.wcvb.com/article/sex-trafficking-survivor-sues-hotel-chains-in-massachusetts/66352776

This year, BHPK is proud to celebrate its 30^th 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.