RJA obtains $72,500.00 settlement arising out of motor vehicle accident

RJA recently obtained a very significant settlement on behalf of a client who was injured in a motor vehicle accident. The accident was caused by another driver who entered an intersection after running a red light as our client, with a green light, entered the same intersection. The collision forced our client out of the intersection and into some vegetation off the road. While our

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Arbitrator Reverses Five Day Suspension of Springfield Police Officer

In a recent arbitration award, Reardon, Joyce & Akerson, P.C. (“RJA”) successfully represented a Springfield police officer in connection with a five day suspension. Prior to the five day suspension, the officer, who was not at that point a member of the Massachusetts Police Association Legal Defense Fund, had been suspended from his duties based upon various allegations, including that the officer had not been

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Open and Gross Lewdness and Lascivious Behavior Under G.L. c. 272, §16 Requires “Shock” or “Alarm” to Another Person

In the case of Commonweatlh v. Maguire, 476 Mass. 156 (2017), the Supreme Judicial Court addressed the elements of the felony crime of Open and Gross Lewdness and Lascivious Behavior under G.L. c. 272, §16.  Based upon a failure to prove that the defendant’s conduct of exposing his penis to several females sitting on a bench at the Hynes Convention Center subway platform produced either

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Police Need ‘Particularized Evidence’ to Seize Electronic Devices Without a Search Warrant and Must Diligently Apply for a Warrant After the Seizure

In Commonwealth v. White, 475 Mass. 583, 59 N.E.3d 369 (2016), a Boston police detective investigated an armed robbery and shooting at a convenience store.  His investigation led him to the defendant as one of the suspects.  Visiting the defendant’s high school, the detective learned from one of the administrators that, under the school’s policy, she was holding the defendant’s cell phone.  At the time,

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Reardon, Joyce & Akerson, P.C. Prevails in Important Civil Service Case Establishing EPO Probationary Periods and Resulting in a Significant Award of Back Pay

A Massachusetts Environmental Police Officer (“EPO”) with the foresight to have joined the Massachusetts Police Association’s Legal Defense Fund found out just how valuable a resource the Fund is after being terminated from his EPO positon, and then being abandoned by his Union when he wanted to challenge that termination. Soleimani was sworn in by the Massachusetts Environmental Police (“MEP”) as an EPO in May

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First Circuit Court of Apeals Affirms Judgment in Favor of Fall River Police Chief in Case Involving Allegation of Rape by a Police Officer

In a recent First Circuit decision concerning civil liability for police supervisors, Saldivar v. Racine, 818 F.3d 14 (2016), Reardon, Joyce & Akerson, P.C. (“RJA”) successfully represented the Fall River Chief of Police in a civil rights lawsuit in which the plaintiff, who sought $750,000.00 in damages, claimed that she had been assaulted and raped by a Fall River police officer.  According to the plaintiff,

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According to SJC, Police Need Only Notify Suspects of the Recording of the Interview; You Do Not Need Suspect’s Permission to Record the Interview

In Commonwealth v. Alleyne, ___ Mass. ___ (2016), the Supreme Judicial Court clarified that police officers do not need a suspect’s permission to record the suspect’s interview as long as the suspect has actual knowledge of the recording.  The Court recommended that police departments do away with their interview forms that advise a suspect of a right to refuse recording and that require the suspect

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First Circuit Court Of Appeals Affirms Judgment In Favor Of Fall River Police Chief In Case Alleging That The Plaintiff Was Raped By A Police Officer

In 2015, RJA secured the dismissal of a civil rights claim brought against the Chief of Police for the City of Fall River.  The plaintiff in the action accused a Fall River police officer of raping her while the officer was on duty, and the claim against the Chief of Police was that the Chief had failed to supervise or discipline the officer appropriately in

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State Court Judge Rejects Civil Rights And Other Claims Made Against Waltham Chief Of Police And Captain

In 2011, an individual made a complaint against a Waltham police officer that the officer inappropriately had threatened him. After its receipt, the complaint was investigated and, as a result of the inquiry, and after an appointing authority hearing presided over by a retired Judge, the officer was suspended. Through his union, the officer appealed the sanction and, at arbitration, the arbitrator reduced the discipline

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