Police Misconduct

Every person has the constitutional right not to be subjected to unreasonable or excessive force by law enforcement officers. When police officers exceed their authority to use force, our lawyers can help. Our lawyers have handled the following representative cases:

UNLAWFUL ARREST/EXCESSIVE FORCE:

A young man was with his friend at a local bar when the friend got into a verbal altercation with off-duty Boston Police officers. When the young man went over to see what was happening he was grabbed by several of the off-duty officers, beaten and thrown out into an alley behind the bar. When he came to and realized that he was bleeding badly (cuts on his head which would ultimately require 37 stitches to close) he attempted to re-enter the bar to seek medical attention. The off-duty officers then “arrest” him and charge him with disorderly conduct and assault and battery on a police officer. Attorney Heineman represented the young man at his criminal trial and obtained not guilty findings on all charges. He subsequently represented the young man in a civil rights/police misconduct case against the off duty officers. A significant settlement was reached shortly before trial.

FBI MISCONDUCT

Attorney Heineman represented the family of Debra Davis who was brutally murdered by Stephen (the Rifleman) Flemmi and James (Whitey) Bulger in 1981. At the time of the murder both Flemmi and Bulger were considered “top echelon” informants for the FBI and had already participated in the murders of twenty three people. Debbie’s body was not found until the year 2000. Attorney Heineman and Attorney Paul Griffin represented the family in their quest for justice. They overcame motions to dismiss and for summary judgment and, after a three week trial in federal court, were awarded $1.3 Million Dollars.

In a separate action against Bulger and Flemmi the Court awarded the Davis family $33.5 Million Dollars.

EXCESSIVE FORCE

After a single car crash the plaintiff was arrested and charged with operating under the influence of alcohol. As he was being transported by State Police Officers to the barracks, he continued to maintain his innocence. When they arrived at the barracks the Trooper, in a fit of anger, pushed the handcuffed plaintiff who fell into a wall suffering a fracture to his face and an injury to his shoulder which ultimately required shoulder surgery. The plaintiff was found not guilty of the criminal charges. Attorney Heineman prosecuted an excessive force claim against the officer resulting in a significant settlement.

As a former police officer Attorney Michael Heineman brings a unique background and understanding to cases involving misconduct by law enforcement officers. He has been representing victims in such cases for over 25 years.