Huffman v. City of Bos.
| Decision Date | 27 June 2022 |
| Docket Number | Civil Action 21-cv-10986-ADB |
| Parties | JASMINE HUFFMAN, JUSTIN ACKERS, CAITLYN HALL, and BENJAMIN CHAMBERS-MAHER, Plaintiffs, v. CITY OF BOSTON, and MICHAEL BURKE, EDWARD JOSEPH NOLAN, and MICHAEL J. MCMANUS, in their individual capacities, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Jasmine Huffman (“Huffman”), Justin Ackers (“Ackers”), Caitlyn Hall (“Hall”) and Benjamin Chambers-Maher (“Chambers-Maher,” collectively, “Plaintiffs”) bring a three-count civil rights action against the City of Boston (“City”) and three individual City police officers, Michael Burke (“Burke”), Edward Joseph Nolan (“Nolan”), and Michael J. McManus (“McManus,” together with Burke and Nolan “Officer Defendants,” and together with City “Defendants”). [ECF No. 15 (“Am. Compl.”)]. Currently before the Court are the City's motion to dismiss Count III alleged against it, [ECF No. 26], and the Officer Defendants' motions to dismiss Count II as alleged against each officer, [ECF Nos. 22, 24, 35]. For the reasons set forth below, Defendants' motions are all DENIED.
The following facts are taken from the Amended Complaint and all documents expressly incorporated therein, the factual allegations of which are assumed to be true when considering a motion to dismiss. Ruivo v. Wells Fargo Bank, N.A., 766 F.3d 87, 90 (1st Cir. 2014).
On May 25, 2020, George Floyd was murdered by a Minneapolis police officer. His unjust death at the hands of police sparked protests around the country that called attention to the disparate treatment of people of color by law enforcement and demanded justice and police reform. Plaintiffs, all strangers to each other at the time, arrived at the Boston Common on May 31, 2020 to join in protest against the injustice of Floyd's death. [Am. Compl. ¶¶ 14, 16-17]. That night, each Plaintiff was met with force by officers from the Boston Police Department (“BPD”).
At approximately 10:08 p.m., Ackers was heading home from the protest on a moped at Tremont Street near Park Street, when, as he turned his moped, Officer Burke held his wooden riot baton out with both hands and struck Ackers from behind, knocking him off his moped and onto the ground. [Am. Compl. ¶¶ 21-23]. Ackers did not know the officer who hit him, but body camera footage revealed that it was Burke. [Id. ¶¶ 27-28]. Police officers then ordered Ackers to leave the area but would not let him take his moped. [Id. ¶ 24].
Ackers also alleges that earlier that night, while at the protest, an unknown Boston police officer sprayed him in the face with OC, or pepper, spray which caused pain and confusion. [Am. Compl. ¶ 20]. Ackers was video recording on his phone when this incident occurred. [Id. at ¶¶ 19-20]. Ackers contends that both spraying him with OC spray and the actions of Officer Burke constituted unreasonable force against him. [Id. ¶ 25]. As a result of these incidents, Ackers has suffered fear and mental distress. [Id. ¶ 29]. He also had soreness and bruises, and his moped was damaged. [Id. ¶ 30].
Huffman was also present at the May 31 protest. At about 10:44 p.m., she was on the Boston Common near the Park Street T station when a group of BPD officers marched towards her with their riot batons held out in front of them. [Am. Compl. ¶ 34]. Officer Burke was in the first line of officers. [Id. ¶ 34]. As the officers approached, Huffman held her hands up. [Id. ¶ 35]. Nevertheless, Burke struck Huffman below her neck with his riot baton, knocking her to the ground, and causing her head to hit the pavement. [Id. ¶¶ 36, 38]. While she was still on the ground, other unknown BPD officers walked over her and stepped on her hands. [Id. ¶ 39]. The incident was captured on Officer Burke's bodycam. [Id. ¶¶ 40-41]. Huffman suffers continuing fear and mental distress from the incident. [Id. ¶ 45]. Huffman filed an internal affairs complaint with the BPD and was interviewed in June 2020, but has since been told that the internal investigation remains incomplete. [Id. ¶ 47].
Hall also attended the May 31 protest. At approximately 9:30 to 9:45 p.m., she was in Downtown Crossing on Washington Street on her way home. [Am. Compl. ¶¶ 48-49]. Hall and other protestors were standing with their hands up when she saw Officer Nolan prepare to use his riot baton to strike a man standing next to her who was recording Nolan with his phone. [Id. ¶ 51]. Hall heard the man say “You look like you want hit me” to Officer Nolan and then Nolan struck him in the head with his baton. [Id. ¶ 52]. Hall tried to intervene by using her hands to protect the man's face from the blows, when Officer Nolan turned to Hall and, holding his riot baton with both hands, struck her in the face. [Id. ¶¶ 53-54]. She fell, her head struck the pavement, and she briefly lost consciousness. [Id. ¶¶ 55, 57]. The strike also caused Hall's tooth to puncture her lip. [Id. ¶ 56]. When she regained consciousness, Hall showed Nolan her injury. [Id. ¶ 58]. He then hit her in the chest, and again on her back as she tried to walk away from him. [Id.]. Hall and other protestors identified Nolan by his badge number, 1185. [Id. ¶ 59]. The blow to Hall's mouth caused such profuse bleeding that her face mask became soaked in blood and unwearable. [Id. ¶ 60]. Hall then walked to Massachusetts General Hospital where she had a CT scan and received a stitch on her lip. [Id. ¶ 65]. In addition to these injuries, Hall suffers continuing fear and mental distress. [Id. ¶ 63].
Hall called a general BPD number to file an internal affairs complaint but was told that she could only file a complaint in person, which she alleges was false. [Am. Compl. ¶¶ 66, 67]. Because she did not want to go to a police station, she did not file a complaint, but unbeknownst to her, an unidentified civilian witness filed an internal affairs complaint against Nolan for his use of force against her. [Id. ¶¶ 67-68].
Chambers-Maher, a disabled veteran, was also present at the May 31 protest. [Am. Compl. ¶¶ 69-70]. At approximately 9:39 p.m., Chambers-Maher was leaving the protest and walking to his car in the North End. [Id. ¶¶ 72-73]. BPD street closures forced him onto Tremont Street between Boylston and Stuart Street, where he was approached by Officer McManus. [Id. ¶¶ 73-74]. McManus and another BPD officer pointed their weapons at Chambers-Maher, so he began so walk away backwards, filming the officers as he did. [Id. ¶¶ 75, 79]. It was at this point that McManus sprayed Chambers-Maher's face with OC spray multiple times and called him names. [Id. ¶ 76]. McManus also hit him in the legs with his police bicycle. [Id. ¶ 80]. The OC spray soaked the face mask Chambers-Maher was wearing, prolonging the pain, temporarily blinding him, and delayed his ability to leave the area. [Id. ¶¶ 82-83]. Ultimately, his eyes swelled shut, he had bruises to his head, face, and leg, and a cut on his leg, presumably from the officer's bike. [Id. ¶ 84]. Chambers-Maher also experiences continuing fear and mental distress. [Id. ¶ 85]. He filed an internal affairs complaint and was interviewed in July 2020. [Id. ¶ 86]. He assumes the investigation is ongoing. [Id. ¶ 87].
None of the four Plaintiffs committed a crime or were arrested during the relevant events, and all four were peaceful at the time of the officers' approach. [Am. Compl. ¶¶ 31, 42, 64, 81]. All four Plaintiffs assert that other unknown BPD officers present during the incidents of force had the ability to prevent the use of force, or report it, but did neither. [Id. ¶¶ 26, 44, 62, 78]. Furthermore, Plaintiffs Huffman and Chambers-Maher, who were interviewed for internal affairs investigations, stated that the questioning during those interviews was “designed” to make them feel at fault for what had occurred. [Id. ¶¶ 46, 86].
Two days before the May 31 protest, on May 29, 2020, there was a march in Boston to protest Floyd's murder. [Am. Compl. ¶ 88]. Similar to the events that followed two days later, BPD officers at the march were photographed randomly spraying participants with OC spray and using unreasonable and excessive force with their fists and batons. [Id. ¶¶ 88-89].
Plaintiffs assert that Police Commissioner William Gross (“Commissioner Gross”), the policymaker for the BPD, knew that officers had improperly and indiscriminately used force- by OC spray, baton, or fist-against non-violent protesters on May 29, but did not take any steps to ensure that BPD would have a better, lawful plan to deal with future demonstrations. [Am. Compl. ¶¶ 96-100]. The City had existing plans to deal with protests, and had followed them in the past, but, the City, acting through Commissioner Gross, treated the May 29 and May 31 demonstrations differently, including that Commissioner Gross supplied officers with long, wooden riot batons and expressly permitted officers to use batons to strike people without cause. [Id. ¶¶ 101-05, 130]. The City, in coordination with BPD, also chose to shut down all T stations and closed streets, which prevented people from leaving the area while officers were simultaneously ordering them to leave. [Id. ¶¶ 106-07]. Plaintiffs Hall, Ackers, and Chambers-Maher were injured by police while trying to leave the area of the protest. [Id. ¶ 108].
Plaintiffs allege that, despite police body cameras evidencing uses of force, the City has responded that it has no use of force reports from May 29, [ ], in violation of BPD's Rule 304, which requires an investigation of every incident in which a police officer strikes someone with an object or an...
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