Mass Dissent Massachusetts Chapter National Lawyers Guild 14 Beacon St., Boston, MA 02108 November 2011 www.nlgmass.org Vol. 34, No. 7

In This Edition Police (Mis)Conduct This Mass Dissent’s topic is Jonathan Messinger writes of police misconduct, a matter with another important and chilling Guild News which some of us in Boston have aspect of police misconduct – the page 3 just become reacquainted as a actions of ICE (Immigration and “NLG Presents...” and result of the Boston Customs Enforcement) person- “Designer Circus” Event arrests, but a continuing and nel. Where vague and overbroad page 4 commonplace problem around laws combine with increasing the country, particularly in com- anti-immigrant popular opinion, Police Misconduct - Is it munities of color. Jonathan’s article shows we Getting Better? Chapter Board member enter the realm of a true police page 5 Makis Antzoulatos provides an state. overview and writes that police David Milton, also a mem- 1st Circuit Says You Can Shoot misconduct – really, police vio- ber of the Guild’s National Police the Police (with your Camera) page 6 lence – is a growing problem. He Accountability Project, writes notes that the type of police vio- about that project’s CLE at the How to Break the ICE? lence we are seeing at the Occupy Guild’s National Convention in page 7 are common police tac- Philadelphia this past month. tics in low income communities. The educational event lasted a NPAP at NLG Convention Guild member David full day, attracted more than 100 page 8 Milton, whose firm has decades lawyers from around the country, NLG Student Corner of experience litigating police and involved presentations on page 9 misconduct cases, writes about important developments in the the recent first amendment case, law by about a dozen lawyers and NLG Sustainer - Bonnie Glik v. Cunniffe, where the court others. Tenneriello held that the First Amendment We also have a report from page 10 protects the right to videotape NLG Convention first-timer police officials carrying out their Molly Del Howe-Lembcke, a NLG Convention Report page 11 duties in public – in this case an Suffolk law student, on her arrest accompanied by apparent Convention experience and excessive force. Glik is an object inspiration. lesson on the lengths to which This month, in the “NLG BOARD MEETING police and prosecutors can go to Sustainer Profile Corner,” Judy November 15, 6:00 pm protect their own unlawful con- Somberg gives us a glimp into duct and what the courts can and Bonnie Tenneriello who recent- will do to protect the First ly joined our very important 14 Beacon St., 1st Fl. Amendment. Sustainer Program. Boston Chapter Board member - David Kelston -

November 2011 Page 1 NATIONAL LAWYERS GUILD Massachusetts Chapter, Inc. Join a Guild Committee 14 Beacon St., Suite 407 Boston, MA 02108 Street Law Clinic Project: The Street Law Clinic project provides tel.: 617-227-7335 • fax: 617-227-5495 workshops for Massachusetts organizations that address legal needs of [email protected] • [email protected] various communities. Legal education workshops on 4th Amendment www.nlgmass.org Rights (Stop & Search), Landlord/Tenant Disputes, Workers’ Rights, Civil Disobedience Defense, Bankruptcy Law, Foreclosure Prevention BOARD OF DIRECTORS Law, and Immigration Law are held at community organizations, youth centers, labor unions, shelters, and pre-release centers. If you are a Guild CHAIRPERSON attorney, law student, or legal worker interested in leading a workshop, Neil Berman, Common Sense Legal Counseling please contact the project at 617-723-4330 or [email protected]. TREASURERS Patricia Cantor Lawyer Referral Service Panel (LRS): Members of the panel provide legal Jeff Petrucelly, Petrucelly, Nadler & Norris services at reasonable rates. Referral Service Administrative/Oversight Committee members: Neil Berman, Neil Burns, Joshua Goldstein, Jeremy MEMBERS Robin, and Azizah Yasin. For more information, contact the Referral Service Laura Alfring, CPCS Youth Advocacy Dept. Makis Antzoulatos, CPCS Coordinator at 617-227-7008 or [email protected]. Thom Cincotta, Political Research Associates David Conforto, Conforto Law Group, P.C. Foreclosure Prevention Task Force: Created in June 2008, the Task Hillary Farber, UMass Dartmouth Force’s goal is threefold: (1) to draft and introduce policies that address Jeff Feuer, Goldstein & Feuer issues that homeowners and tenants of foreclosed houses face, (2) to pro- David Kelston, Adkins, Kelston & Zavez vide legal assistance to these homeowners and tenants, and (3) to con- Jonathan Messinger, solo practitioner duct legal clinics for them. If you are interested in working with the Task Halim Moris, Moris & O’Shea Force, please call the office at 617-227-7335. Gráinne O’Neill, Harvard Law School Josh Raisler Cohn, CPCS Judy Somberg, solo practitioner Mass Defense Committee: Consists of two sub-committees: (1) Bonnie Tenneriello, Prisoners’ Legal Services “Legal Observers” (students, lawyers, activists) who are trained to serve Jessica White, Prisoners’ Legal Services as legal observers at political demonstrations and (2) “Mass Defense Team” (criminal defense attorneys) who represent activists arrested for LAW STUDENT REPRESENTATIVES political activism. To get involved, please contact the office at 617-227- Jay Diaz & James Racine, Boston College Ryan Hidden, New England 7335. Molly Howe-Lembcke, Suffolk Lauren Marcous, WNEC Litigation Committee: Established in 2010, the Committee brings Matthew Schultz, Boston University civil lawsuits against large institutions (such as government agencies, Matthew Spurlock, Harvard law enforcement, banks, financial institutions, and/or large corporations) Sky Swett, UMass Dartmouth which engage in repressive or predatory actions that affect large numbers Yohana Valdez & Jessica Yamane, NUSL of people and that serve to perpetuate social, racial and/or economic Lindsay Vick, Roger Williams injustice or inequality. To get involved, please contact the Guild office. STAFF NLG National Immigration Project: Works to defend and extend the EXECUTIVE DIRECTOR human and civil rights of all immigrants, both documented and undocu- Urszula Masny-Latos mented. The Committee works in coalitions with community groups to LRS COORDINATOR/ADMIN. ASSIST. organize support for immigrant rights in the face of right-wing political Barbara Lee attacks. For more information contact the NLG National Immigration STREET LAW CLINIC COORDINATOR Project at 617-227-9727. Sky Swett NLG Military Law Task Force: Provides legal advice and assistance Mass Dissent (ISSN 0887-8536) is published to those in the military and to others, especially members of the GIRights monthly except January, May, July and August Hotline, who are counseling military personnel on their rights. It also by the National Lawyers Guild, Mass. Chapter, provides legal support and helps to find local legal referrals when need- 14 Beacon St., Suite 407, Boston, MA 02108. Second-class postage paid at Boston, MA. ed. For advice and information, GI’s can call 877-447-4487. To get POSTMASTER: Send address changes to involved, please contact Neil Berman ([email protected]) or Mass Dissent, NLG, 14 Beacon St., Suite 407, Boston, MA 02108. Marguerite Helen ([email protected]). November 2011 Mass Dissent Page 2 GUILD NEWS

NLG HAPPY HOUR The NLG HOLIDAY PARTY We Massachusetts Chapter’s “NLG Presents...” Happy invite you to our Holiday Party on Friday, December 9, Hour” will be held on Wednesday, November 9, 2011, 5:30pm. We’ll be hosted again by Stern Shapiro 5:30-7:30pm, at a new location - Red Hat, 9 Bowdoin Weissberg & Garin (90 Canal St., 5th Fl., Boston). In St. (corner of Bowdoin and Cambridge Streets), in addition to a very tasty spread and wine, the program Boston. This month we’ll discuss the “” will include a raffle drawing with exceptional prizes. movement. Please join us! (See below.) Raffle tickets are $10/ticket - to buy, call: 617-227-7335.

Street Law Clinic Report The following clinics and trainings were conducted for “NLG Presents...” Happy Hour members of Boston area community organizations and agencies: OCCUPY BOSTON - LEGAL SUPPORT & LEGAL FRONTIERS September 26: Legal Observing at a against Donald Rumsfeld visit in Boston, by Makis An evening with Antzoulatos, Urszula Masny-Latos, Josh Raisler ERICA BUSHELL, KAT JOHNSON, Cohn, and Carl Williams. JEFF FEUER & CARL WILLIAMS September 28: Legal Observer training for Western Wednesday, November 9, 2011 New England College School of Law, by Urszula 5:30 -7:30 pm Masny-Latos. Red Hat September 29: Legal Observer training for Rights to 9 Bowdoin St., Boston the City and Occupy Boston in Boston, by Jeff Feuer, Erica Bushell and Kat Johnson, organizers with the Urszula Masny-Latos, and Carl Williams. Occupy Boston legal working group, will talk about legal support for the Movement. Guild Attorneys October 2 & 7: Legal Observer trainings for Occupy Carl Williams and Jeff Feuer will discuss the crimi- Boston, by Urszula Masny-Latos and Carl nal defense of those arrested and new civil chal- Williams. lenges to arrest practices and property confiscation. October 15: • Legal Obeserver training for Roger Williams Univ. School of Law in Bristol, RI, by Chris October 24: Legal Observer Williams; • Legal Observer training for UMass training for Millie Drew Dartmouth School of Law, by Sky Swett. Northeastern School of Law, by . October 18: Foreclosure Prevention/Tenants’Rights October 25: Legal Observer training for Western Urszula clinic at AIDS Action in Cambridge, by Neil Berman. New England College School of Law, by Masny-Latos. October 20: Legal Observer training for Occupy October 27: Stop & Search Boston, by Jeff Feuer & Urszula Masny-Latos. • training at Boston University School of Law, by Carl Williams. • Legal October 21: Legal Observer training at Boston Observer training at Harvard Law School, by Jeff College School of Law, by Urszula Masny-Latos. Feuer & Lee Goldstein.

ARTICLES FOR MASS DISSENT The December issue of Mass Dissent will review the “NLG in 2011”. If you are interested in submitting an article, essay, analysis, or art work (cartoons, pictures) related to the topic, please e-mail your work to [email protected]. The deadline for articles is November 9. November 2011 Mass Dissent Page 3 NLG Mentorship Happy Hour

In October, the NLG Massachusetts Chapter launched a new program - “NLG Mentorship Happy Hour” - with a long time Guild mem- ber, Anne Sills, who engaged over 20 Guild law students in a fascinating conversation on careers in labor and employment law. Anne is an attorney at Segal Roitman in Boston. Next Mentorship HH will be in January 2012. Please send us your ideas for the topic.

(above center): Anne Sills leads a discussion on labor and employment law for progressive lawyers. Photos by Barbara Lee & Urszula Masny-Latos

NLG Fundraiser at Designer Circus

The last Sunday in September, dozens of Guild Chapter. We browsed a great collection of women’s women (and one man!) and their friends gathered at clothes, shopped, munched on wonderful hors d’oeu- the Designer Circus in Allston for a shopping extrav- vres, sipped refreshing wine, and laughed. What a aganza to raise money for the NLG Massachusetts great Sunday! If you are ever in Allston (1 Braintree St.), please stop by the Designer Circus and tell them you are shopping for the NLG.

(above): Pattie Hayman, a Guild friend, happily poses with a beautiful scarf. Photo by Urszula Masny-Latos (right l.-r.): Devon Sparrow, a Guild friend, & Laura Alfring, a Guild member, are very excited about their purchases. November 2011 Mass Dissent Page 4 Police Misconduct - Is it Getting Better? by Makis Antzoulatos that he made between that vio- plete their search of his home lence, and the violence suffered before allowing medical personnel daily at the hands of the police. access to Mr. Guerena. In August he protests O'Donnell accurately reflected that of 2010 a Seattle police officer T have captured the nations the behavior of the NYPD was any- shot and killed John Trouble attention, as they have spread to thing but unordinary, pointing out Williams. Deputy Chief Clark 1,500 cities around the country. A that particularly in communities of Kimerer of the Firearms Review central image of this new wave of color, this level of violence is Board stated that “These are resistance has been the countless expected. He stated that there is “a among the most egregious failings photographs and videos docu- Rodney King every day in America.” I've seen.” The Board went on to menting police abuse of individuals O'Donnell got it right, and recommend that the Officer participating in the protest. when looking at reports of police involved be stripped of his badge Beginning with waves of reports misconduct throughout the country and gun immediately. from New York City showing the problem only seems to be get- What is most disturbing about demonstrators violently attacked by ting worse. USA Today reported in the murder of John Trouble police, the problem has only grown. 2007 about the rise in police mis- Williams, is that after the release Here in Boston, the Boston Police conduct since September 11th. of the Review Board's report, the Department, enforced by Boston They found that instances of civil District Attorney still declined to Transit and special squad units, rights violations at the hands of law prosecute the officers involved. almost 200 officers total, raided enforcement officers increased We have seen this trend repeated one of the Occupy Boston sites and 25% between 2001 and 2007. The throughout the country. David arrested over 140 people on numbers continue to be appalling. Burnham, co-founder of the TRAC Monday, October 10th night. They The National Police Misconduct database at Syracuse University, punched,pushed, and choked Statistics and Reporting Project found that in 2006 96% of federal peaceful protesters, and in one (NPMSRP) reported that in 2010 law enforcement cases referred instance, captured on video, threw there were 4,861 unique reports of for prosecution were declined. In a 70-year old veteran to the police misconduct, and 247 fatali- September of this year, Suffolk ground. The National Lawyers ties resulted from these incidents. District Attorney Dan Conley Guild has been integral in providing Nearly 25% of these misconduct determined that criminal charges legal support to these activists and reports involved excessive force. were not warranted after Boston to an NLG New York City legal These figures are not surprising Police beat a 16-year old boy at observer who have been the vic- when we look at the level of inter- Roxbury Community College. tims of violence themselves. The action between people and police. The type of violence that we arrests have continued with nearly The Bureau of Justice Statistics are seeing at Occupy protests 100 people arrested in Arizona, found that in 1999 alone, 43.8 mil- throughout the country are tactics 175 people arrested in Chicago, lion people had contact with law that police officers regularly and 35 arrested in Sacramento. enforcement, and that 422,000 employ to control low-income com- This is just a small sampling of the people over the age of 16 had con- munities and communities of color. arrests so far, with dozens more in tact which involved force or the These daily uses of excessive cities including Long Beach, CA; threat of force. force, which often go undocument- Denver, CO; and Washington, DC. The last year has seen count- ed, create a culture of violence and On September 26th, less incidents of serious violence oppression that allows for the most Lawrence O'Donnell presented on the part of law enforcement. In heinous abuses to occur. While the one of the most honest and critical July, Kelly Thomas, a homeless most grotesque examples of police accounts of police misconduct man diagnosed with schizophre- violence sometimes make it into ever seen on mainstream televi- nia was beaten to death by police the news, we must ensure that sion. In a short segment on in Fullerton, CA. Earlier in May, the police are held responsible every MSNBC, he called the NYPD to Pima County Sheriffs Department time they abuse their power. task for their attacks on peaceful shot and killed Jose Guerena, an protesters at Occupy Wall Street. Iraq War Veteran. Guerena was Makis Antzoulatos is a public However, the most important part shot over 20 times, and there are defender at CPCS and a member of his report was the connections reports that police waited to com- of the Chapter Board. November 2011 Mass Dissent Page 5 First Circuit Says You Can Shoot the Police (with Your Cellphone Camera)

by David Milton right to be free from arrest without clear that holding a recording probable cause. The officers moved device such as a cellphone in plain to dismiss the suit on qualified view is not secret. The Court reject- n an important decision, the First immunity grounds, arguing that Mr. ed the officers’ argument that Mr. ICircuit recently held that the First Glik’s constitutional right to record Glik’s recording was secret Amendment “unambiguously” pro- the officers was not well-settled. because they were supposedly tects the right to videotape police offi- Judge Young denied the motion unaware he was recording them cers and other government officials from the bench, and the officers with sound. Although the SJC has carrying out their duties in a public took an interlocutory appeal. said that the subject of a recording place. In denying qualified immunity The First Circuit rejected the must have “actual knowledge” he or to three Boston police officers who officers’ argument that the First she is being recorded, it has also arrested attorney Simon Glik for using Amendment did not clearly protect said that such knowledge may be his cellphone to record them making Mr. Glik’s actions. Writing for a inferred from objective circum- a violent arrest on Boston Common, unanimous panel, Judge Lipez stances. As the First Circuit recog- the Court found that the right to record found that filming public officials in a nized, the use of a recording device public officials was “a basic, vital, and public place, including police offi- in plain sight, by itself, constitutes well-established liberty safeguarded cers, “fits comfortably” within long- adequate objective evidence of by the First Amendment.” Glik v. standing First Amendment princi- actual knowledge of the recording. Cunniffe, 2011 U.S. App. LEXIS ples. The Court said that gathering The Court’s broad First 17841, (1st Cir. Aug.26, 2011). The and disseminating information Amendment holding suggests that Court also held that officers lacked about public officials promotes even secret recordings of public offi- probable cause to arrest Mr. Glik democracy by ensuring that abuses cials acting in public might be pro- under the Massachusetts wiretap law, of power are exposed. The Court tected. As stated, the Court found M.G.L. ch. 272, § 99. That statute pro- noted the particular importance of that videotaping government officials hibits only secret audio recordings public scrutiny of the police, whose serves the fundamental First and since Mr. Glik held his cellphone misuse of their authority carries Amendment purposes of exposing in plain view, the Court concluded that great potential for harm. misconduct and promoting the free Mr. Glik’s actions did not even The Court also rejected any discussion of public affairs. Not once arguably give rise to probable cause distinction between the rights of tra- did the Court describe the right to under the statute. ditional media to gather news and videotape public officials as limited to Mr. Glik was arrested on those of members of the public like recordings made openly, and noth- October 1, 2007, when he saw three Simon Glik. The Court stated, “The ing in the Court’s reasoning turns on police officers on Boston Common proliferation of electronic devices this factor. Glik thus provides strong arresting a teenager and using what with video-recording capability arguments that the Massachusetts seemed to be excessive force. means that many of our images of wiretap statute would be unconstitu- Disturbed by what he saw, Mr. Glik current events come from tional as applied to secret recordings videotaped the incident with his cell- bystanders with a ready cell phone of the police acting in public. phone. Although Mr. Glik stood or digital camera rather than a tradi- Glik will also hopefully serve as about 10 feet away and did not inter- tional film crew, and news stories persuasive authority for the courts fere with the officers, they arrested are now just as likely to be broken around the country that are dealing him and charged him with disorder- by a blogger at her computer as a with cases arising from the epidemic ly conduct, aiding the escape of a reporter at a major newspaper.” of police attacks on individuals who prisoner, and violating the wiretap On the Fourth Amendment, the record them. The case was brought law. The criminal charges were all Court easily concluded that the offi- by the ACLU of Mass. and is being dismissed as baseless. cers lacked probable cause to handled by Guild lawyers David Mr. Glik brought a civil rights arrest Mr. Glik because the wiretap Milton, Howard Friedman and Sarah suit in federal court in Boston, alleg- statute prohibits only secret audio Wunsch. ing that the arrest violated his First recordings. Massachusetts caselaw David Milton is an attorney at the Amendment right to freedom of interpreting the wiretap law, to say Law Offices of Howard Friedman speech and his Fourth Amendment nothing of common sense, makes in Boston. November 2011 Mass Dissent Page 6 Legal Notes From Above the Ground: How Do we Break the ICE? by Jonathan Messinger her ex-husband, a U.S. citizen, on part states: an “Alien” who has been behalf of their daughter, a U.S. citizen. “convicted of, or who admits having It took nearly thirteen full days to committed, or who admits commit- ctober 18, 2011. 13:14 EDT. get Emma out of jail (pertinent law ting acts which constitute the essen- O Your Town, Massachusetts, says a bond hearing should happen tial elements of a crime invlovling USA. Seven government vehicles, within ten days), and it only happened moral turpitude (other than a purely four unmarked, loaded for the hunt that quickly because I went to the political offense) or an attempt or with federal ICE (Immigration and Immigration Court at the JFK Federal conspiracy to commit such a crime” Customs Enforcement), state and Building at Government Center, is subject to “removal.” local police, aggressively encircle a Boston every morning they were open In 1990, several weeks after her late model Nissan sedan; guns to file motions and badger clerks 18th birthday, Emma Grant came to drawn, and force driver Emma Grant, there. I visited the jail every night to the defense of her friend who was a 39 year old mother of three, face keep hope alive for Emma, who suf- smashed over the head by a French down onto the residential street fers from a debilitating heart ailment, fry basket by an employee at Big where she has lived for the past compounded now by what may soon Burger in Boston. Emma was over- twelve years with her common law be a formal diagnosis of post traumat- charged with four criminal counts husband and their two young sons, ic stress disorder. Emma's bond was (strangely not including trespass, aged 9 and 4. Emma is tied up $3000 United States Dollars, an enor- which would have been the only against her will and shoved into the mous sum for anyone in the current viable charge available on the facts back of a squad car, then whisked to economy, let alone a young mother of the case), including assault and a nondescript office park in Burlington working part time who just had her battery, in the scuffle that followed. to be “processed” for deportation, a working papers revoked. No one was injured other than a mop humiliating ordeal that takes many Why would the U.S. govern- that broke behind the restaurant hours. After that, Emma is transport- ment waste tens of thousands of dol- counter. Emma plead guilty to ed to the South Bay jail in Dorchester lars bullying and abusing a young assault and battery and received where she will languish indefinitely. mother who has studied, lived and only a suspended sentence. Though the name, gender and worked in the Boston area with the Only a suspended sentence, date of detention of this victim have only family she has known since however, for a non-citizen is danger- been changed, all of the other perti- fleeing a brutal 1984 coup in her ous territory, because the vague and nant facts in this real life scenario, home country that resulted in the tor- overbroad law referenced above above and below, are true. Emma turing and killing of her family there? and its companion statutes allow Grant is my client. I filed two months The full answer to this question deportation for a guilty finding or a prior to her arrest, a timely appeal of may lie in election cycles, focus plea to any crime punishable by one her denial of work authorization groups and those in power who year or more in jail, regardless of papers (filed originally in 2000 by her depend on them, but the partial whether any jail time was ever brother, a naturalized1 U.S. citizen), answer includes the purported legal served! Thus, Emma risks being and that case is pending as of this justification for this brazen assault thrown out of the U.S. because of a writing. Emma has a social security and battery, as well as for this absurd minor 21 year old case, and the bur- number, she has worked for many misappropriation of taxpayer den of proof is on her to prove other- years in the Boston area and she resources; Section 212(a)(2)(A)(i)(I) wise, not the government. pays her taxes faithfully. Emma also of the Immigration and Nationality Yes, we are actively working to regularly pays her child support to Act, as amended, which in pertinant vacate the underlying conviction, 1 “Naturalization” is crude legal jargon which suggests that migrant workers without and this case can theoretically end deep pocket resources, the patience of Job, extraordinary luck and often damned fine favorably for Emma Grant, but Wow! attorneys doing their bidding, able to endure the many, many bureaucratic hurdles that People, we've got some work to do ultimately transform, via a couple of pieces of a paper, a good, hard working American to break the ICE... to a good, hard working American citizen, are unnatural. How are the overwhelming majority of us non-indigenous peoples who populate our Land of the the Free (truth = a nation-state built literally on the backs of slaves) and Home of the Brave (truth = mass Jonathan Messinger is a solo genocide of native populations followed by the stealing of their fertile lands without com- practitioner in Cambridge and pensation) arbitrarily given extra rights as naturals just because because of who brought us into this World and where they chose to do so? serves on the Chapter’s Board. November 2011 Mass Dissent Page 7 National Police Accuntability Project Holds CLE at NLG Convention in Philadelphia

by David Milton Next came a panel called who appear before them. Carlton “Eyewitness Misidentification: Johnson, former Chief Deputy he NLG’s National Police Best vs. Actual Practices.” Toni City Solicitor of the Civil Rights T Accountability Project Gustus, a rape victim whose Unit for the City of Philadelphia, (NPAP) held an all-day CLE at misidentification of her attacker described how he valued civil the Guild convention in led to an innocent man’s serving rights claims. Jonathan Feinberg, Philadelphia on October 13, more than a decade in prison, a civil rights lawyer in 2011. More than 100 lawyers told her emotional story. She Philadelphia, gave practical from around the country attended explained the many ways in advice to plaintiffs’ lawyers, like this year’s program, called which coercion by the police, of the importance of managing “Developments in Police which she was largely unaware client expectations. Misconduct Litigation: Staying while it was happening, led to this David Rudovsky, who along ahead of the Curve.” The day fea- terrible miscarriage of justice. with Karen Blum and Michael tured numerous speakers who Debi Cornwall, who represented Avery literally wrote the book on provided legal analysis, practice the wrongly convicted man in his police misconduct litigation (the pointers, overviews of social sci- civil rights suit, described the indispensible Police Misconduct ence, and personal anecdotes police practices in this case as a Law and Litigation), analyzed relevant to this difficult but textbook example of how not to recent trends in Section 1983 liti- rewarding area of practice. get a reliable identification. She gation. He covered recent Professor Karen Blum of explained the various legal theo- Supreme Court and Court of Suffolk Law School began the ries available to plaintiffs in these Appeals cases on such topics as day with a presentation called cases. Marissa Boyers Bluestine qualified immunity, standing, “Implications of Iqbal,” the land- of the Pennsylvania Innocence municipal liability, and substan- mark 2009 Supreme Court case Project gave an overview of the tive Fourth Amendment law. Ashcroft v. Iqbal. That case social science research and best While the news was generally toughened pleading standards for practices on witness identifica- grim, Rudovsky suggested some plaintiffs in civil cases and nar- tion. ways plaintiffs’ lawyers can get rowed the scope of supervisory After lunch, a magistrate around some of the obstacles liability in at least some types of judge, defense attorney, and that courts have thrown in their civil rights cases. With her trade- plaintiff’s attorney discussed path. mark blend of case cites and mediation. Magistrate Judge The day ended with a panel humor, Professor Blum described Felipe Restrepo of the Eastern called “Ask the Experienced Civil how lower courts are applying District of Philadelphia explained Rights Lawyer,” featuring Iqbal. Courts have been all over what works, and what doesn’t, at Rudovsky, Cornwall, Bill the map, and Professor Blum settlement conferences, and he Goodman, and David Robinson. highlighted some helpful cases confirmed that judges all talk to This Q&A generated a lively dis- and arguments for Plaintiffs. one another about the lawyers cussion among the panel and the audience about the political con- text of our work as civil rights The Boston chapter of NPAP meets every few months lawyers, and what role attorneys to discuss recent cases, litigation strategies, policing should play in social movements trends, and other aspects of our practice. Anyone with such as the “Occupy” protests. an interest in fighting police misconduct is welcome to In addition to its annual CLE attend. at the Guild convention, NPAP hosts CLEs in cities around the country throughout the year. Contact Howard Friedman at [email protected] David Milton is a member of to receive notices of the meetings. NPAP of the NLG and a member of the Guild. November 2011 Mass Dissent Page 8 NLG Law Students Corner

Boston College: • We’ve trained and now pro- UMass Dartmouth: Reported by James Racine, 3L vide LOs to Occupy Boston. Reported by Sky Swett, 2L • We’ve held a Legal Observer • We are also planning to hold • We’ve finalized the process (LO) training for almost 20 BC law several Street Law Clinic train- and established, for the first time students, and we plan to do legal ings. ever, the NLG chapter as a "rec- observing for Occupy Boston. ognized student organization" on Northeastern University: our campus. Boston University: Reported by Jessica Yamane, 1L • We’ve trained our students Reported by Marianne Tassone, 3L • On November 4th, 5:30pm, we and local activists to be legal • We hold weekly general will hold “Adopt a 1L” Happy Hour observers. meetings followed by a weekly at The Squealing Pig, 134 Smith • We are planning to host a radical book club where we cover St., in Boston. Please join us! teach-in on the Occupy interesting articles that are not • On Fridays, we hold weekly Movement at Umass Dartmouth. addressed in traditional law general NLG meetings. school curriculum. • We’ve organized students Western New England College • We consistenly send our stu- into smaller subcommittees to Reported by Lauren Marcous, 3L dents trained as LOs to observe work on various activities. • On September 7th, we held Occupy Boston and protests. • Critical Legal Studies an NLG DisOrientation event. • We work with other radical Committee plans to conduct • On September 14th, we had groups on campus (SJP, Anti- weekly CLS classes. a presentation on “The Legal Biolab) to bring awareness to • We’ve held legal observer Landscape 10 Years After the important issues both in our com- trainings for dozens of students. September 11 Attacks,” with munity and abroad. • Our members participate in and Shahid Buttar, Executive Director • We are organizing a panel on serve as LOs at Occupy Boston. of the Bill of Rights Defense. Congress' attacks on the NLRB. • On October 5th, we organ- Roger Williams University ized a discussion on “Knowledge Harvard University: Reported by Lindsay Vick, 3L Share on the Reported by Matthew Spurlock, 2L • Our students have been and the Role of the Guild.” • On October 28th, our chapter trained to be Legal Observers. • We provide assistance to ten- co-organized “With Liberty and • We participate in and legal ants at the Springfield Partners Justice for Some: An Evening observe at Occupy Providence. for Community Action Eviction with Glenn Greenwald.” • On October 19th, we organ- Clinic, and we are involved with • We’ve trained and now provide ized an event on Law Springfield No One Leaves. legal observers for the Occupy Enforcement Against Prohibition! • We are in the process of Boston and Right to the City. with law enforcement officers. planning our 2nd Annual • We sent two representatives Prisoners' Rights Speaker Series. New England to the NLG National Conference • We’ve held several SLC Reported by Ryan Hidden, 2L • On November 9th, 6pm, we trainings (Civil Disobedience, • On October 5th, we hosted will host an “Arthur Kinoy Movie Tenants Rights) and several LO David Carroll, Director of Night” and screen "Doing Justice: trainings for our students and Research for the National Legal The Life and Trials of Arthur Kinoy" local activists. Aid & Defender Association who • Our students participated in spoke about what is required of Suffolk University: and served as LOs at the Right to states under the 6th and 14th Reported by Molly Howe-Lembcke, the City rally in Boston and at vari- amendments in regard to indigent 3L ous Occupy sites in Western Mass. defense services and how states • On October 21st, we held an • We’ve recuited NLG attorneys avoid their constitutional respon- event on “Modern Whistleblower in Springfield to provide legal sibilities. Protections” with Steven Kohn, defense for the Occupy Together. • On November 7th, 4:30pm, in Executive Director of the National • We’ve held several SLC train- the Cherry Rm., we will hold an Whistelblowers Center. ings. event with Guild lawyers and plain- • We sent two representatives to • Our Chapter organized a tiffs involved in a BRIC lawsuit. the NLG Convention in Philadelphia. fundraising Happy Hour. November 2011 Mass Dissent Page 9 NLG Sustainer Profile - BONNIE TENNERIELLO

This month, we are profiling concrete cell and with visits only crime have become more vocal.” Bonnie Tenneriello, a staff attor- through glass. Prisoners found Bonnie says that her work ney at Prisoners Legal Services guilty of the most serious disci- with clients has many rewards. (PLS) of Massachusetts for the plinary offenses can be segregat- “I’m always surprised at how last seven years. ed like this for ten years for each often prisoners are able to under- Bonnie’s early career includ- offense. “It’s unfathomable to stand the limitations of the law, ed a stint at the Washington me what it must be like to endure despite the very difficult circum- Office on Latin America, an this.” PLS currently is co-coun- stances they face,” she says. She advocacy group seeking to pro- sel in a lawsuit challenging the also is inspired by prisoners who mote human rights in US foreign segregation of prisoners with focus on the needs of others policy. She went to law school at serious mental illness, which has around them, helping more vul- the University of Michigan in been held to be cruel and unusual nerable prisoners advocate for order to continue working for punishment. But otherwise, themselves. And she adds that change, but in the domestic arena. courts have been tolerant of the some of her clients “are very While in law school, so she widespread use of solitary con- good ‘jailhouse lawyers’. They helped start a project working finement. can partner with you in litigation. with prisoners. After law Bonnie also points out that And of course, when you do win school, she clerked for a federal Congress has limited prisoners’ something, it’s tremendously sat- judge and then received a ability to go to court with the isfying.” Bonnie says she feels Skadden Fellowship to work with Prison Litigation Reform Act, privileged that prisoners share a migrant farmworkers. In Boston, which prevents them from suing slice of their lives with her and she worked for five years with the if they have not strictly complied open her up to a range of experi- National Voting Rights Institute with written grievance require- ences that she would never other- before coming to PLS. ments and prevents them from wise encounter. At PLS Bonnie represents suing if their harm is only mental Bonnie also says that she prisoners in civil litigation, pro- or emotional, without physical feels lucky to work with a great vides advice and advocacy to injury. group of colleagues at PLS, who prisoners on a broad range of Also, at a time when it should are talented, hard-working, and issues, and engages in policy be obvious that prisons are over- have a shared sense of mission advocacy. Issues that PLS works crowded and long sentences don’t and purpose. “You need that on include access to medical care, lead to less crime, the parole kind of community to tackle this prison conditions and overcrowd- board is releasing fewer prisoners kind of work.” ing, guard assaults, and segrega- on parole. Likewise, prisoners In addition to being a Mass tion. Bonnie says the work is not are held at higher security levels Chapter sustainer, Bonnie is a without its frustrations: “The law than necessary, giving them less member of the board of directors in this area is abominable While opportunity for employment and of the Mass Chapter. She loves it protects prisoners from some of programs that will help them pre- the Guild and feels that it is the worst abuses, their constitu- pare for re-entry in their commu- important to be part of a commu- tionals rights have been interpret- nities. But she sees hope that this nity that shares her values. She ed very restrictively by the courts will change. “It’s becoming more says, “At a time when our society and the barriers to prevailing are obvious that over-incarceration is seems less and less committed to often insurmountable.” expensive and doesn’t make us values like equality and political Bonnie says that many peo- more safe. Budget pressures freedom, it sustains me to join ple are not aware how many pris- may help make us smart on together with others who fight for oners spend long periods in soli- crime. And as prison populations those values.” tary confinement, with only one have grown, the communities - Judy Somberg - hour a day outside of their small, who lose people to prison and Board of Directors November 2011 Mass Dissent Page 10 NLG Massachusetts Chapter Sustainers YES, INCLUDE MY NAME AMONG In the spring of 2003, the Massachusetts Chapter of the NLG initiated NLG MASSACHUSETTS CHAPTER the Chapter Sustainer Program. Since its inception, the Program has SUSTAINERS! been very successful and has been enthusiastically joined by the fol- lowing Guild members: I, ______, am Adkins, Kelston & Zavez • 2 • making a commitment to support the Massachusetts Chapter of the Guild with an annual contribution of: Michael Avery • Samuel Berk • Neil Berman • Howard Cooper • Barb Dougan • Robert Doyle • _____ $500 (not including my membership dues) Melinda Drew & Jeff Feuer • Carolyn Federoff • $ ______(other above $500) Roger Geller & Marjorie Suisman • Lee Goldstein As a sustainer I will receive: & Shelley Kroll • Benjie Hiller • Stephen Hrones • special listing in the Dinner Program; • Andrei Joseph & Bonnie Tenneriello • Myong • 1/8 page ad in the Dinner Program; Joun • Martin Kantrovitz • Nancy Kelly & John • acknowledgement in every issue of Mass Dissent; • two (2) free raffle tickets for a Holiday Party raffle; Willshire-Carrera • David Kelston • Eleanor • invitation to special events. Newhoff & Mark Stern • Petrucelly, Nadler & Norris • Hank Phillippi Ryan & Jonathan Shapiro • Allan Three ways to become a sustainer: Rodgers • Martin Rosenthal • Sharryn Ross • • contribute $500 or more a year (not including dues) • pair up with another person and pay $250 each, or Anne Sills & Howard Silverman • Judy Somberg • join the “Guild Circle” and pay $50/month minimum. • Stern, Shapiro, Weissberg & Garin Please mail to: NLG, Massachusetts Chapter The Sustainer Program is one of the most important Chapter initiatives to 14 Beacon St., Suite 407, Boston, MA 02108 secure its future existence. Please consider joining the Program.

“Law For The People” NLG Convention: Perspective of a First-timer

The morning of Thursday, October 13, 2011, I awoke in interest and with each program I felt a flame ignite within me: Philadelphia, PA, as an eager law student. I left Philly on a flame to learn, to teach, to listen, to shout, to cry, to laugh, Sunday, October 16th, as so much more – a passionate and to change. These flames cannot be attributed solely to the inspired comrade in the struggle for justice. inspirational workshops. Perhaps most influential was the As a first time attendee to the convention and a new encouragement I got from the other attendees at the conven- guild member, I had no idea what to expect from this conven- tion. My identity was not dictated by my level of completed tion or its participants. I spent time carefully choosing the education or by age: what mattered was that I was there. I workshops I would attend and printing off needed materials. met countless sources of inspiration who fueled those flames After attending a very thought provoking program by the and aroused a sense of empowerment that I have not felt in National Police Accountability Project on Thursday I was a very long time. I cannot yet put myself in the same cate- excited for what lie ahead. One program worth noting was gory as these revolutionaries but I had the honor of becom- the Demystifying and Building the Guild workshop. I walked ing part of a powerful, peaceful, and open community. into the room and was amazed at the turnout of young The notes that I took and the pamphlets I accumulated guilders. The presenters seemed to share my delight in the will eventually be filed away with other notes and pamphlets. attendance of students and young lawyers, especially for a What will never be filed away though are the conversations I workshop starting at 8:30 am on a Friday. The five partici- had, the smiles I shared, the tears I shed, the encourage- pants touched on many topics that I had hoped would be ment I received and the inspiration I felt. During Judith addressed. Of particular importance to me was a discussion Chomsky’s acceptance of the Karen Detamore Lifetime of law school organizing. Some suggestions were given that Achievement Award she said “We are the most optimistic seem obvious in retrospect, but that I had not thought of people in the world.” I am grateful to be a part of this opti- before. In addition, I found it comforting to know that I wasn’t mistic group of fighters and will never forget my first National alone in the struggles that come along with trying to organize Lawyers Guild convention. for change in an oppressive atmosphere such as law school. - Molly Del Howe-Lembcke - The other workshops I attended sparked different areas of 3L at Suffolk University Law School November 2011 Mass Dissent Page 11 Periodical Mass Dissent Postage & Fees PAID USPS 0760-110 PERIODICAL USPS Permit 0760-110 The National Lawyers Guild is...

" ... an association dedicated to the need for basic change in the structure of our political and economic system. We seek to unite the lawyers, law students, legal workers and jailhouse lawyers of America in an organiza- tion which shall function as an effective political and social force in the service of people, to the end that human rights shall be regarded as more sacred than property interests. Our aim is to bring together all those who regard adjustments to new conditions as more important than the venera- tion of precedent; who recognize the importance of safeguarding and extending the rights of workers, women, farmers, and minority groups upon whom the welfare of the entire nation depends; who seek actively to eliminate racism; who work to maintain and protect our civil rights and liberties in the face of persistent attacks upon them; and who look upon the law as an instrument for the protection of the people, rather than for their repression." Preamble to the Constitution of the National Lawyers Guild, originally adopted February 22, 1937, and most recently amended in July 1971.

Fill out and send to: Please Join Us! National Lawyers Guild, Massachusetts Chapter 14 Beacon St., Suite 407, Boston, MA 02108

NAME: ______Dues are calculated on a calendar year basis (Jan.1-Dec.31) according to your income*: ADDRESS: ______Jailhouse Lawyers...... Free CITY/STATE/ZIP: ______Law Students ...... $25 up to $15,000...... $40 PHONE: (w)______(h)______over $15,000 to $20,000...... $50 over $20,000 to $25,000 ...... $75 E-MAIL: ______over $25,000 to $30,000 ...... $100 FAX: ______over $30,000 to $40,000 ...... $150 over $40,000 to $50,000 ...... $200 Circle one: over $50,000 to $60,000 ...... $250 Lawyer Legal Worker Law Student Jailhouse Lawyer over $60,000 to $70,000 ...... $300 over $70,000 to $80,000 ...... $350 Alumna/Alumnus of ______Year ______over $80,000 to $90,000 ...... $400 Dues (from schedule): ______over $100,000 ...... $500

I am interested in working on the following projects: * Any new member who joins after September 1 will be carried _____ Lawyer Referral Service over to the following year. Dues may be paid in full or in quarter- _____ Street Law Clinic ly installments. Dues of $80 cover the basic membership costs, _____ Mass Defense Committee which include publication and mailing of Mass Dissent (the _____ Litigation Committee Chapter's monthly newsletter), national and regional dues, and the _____ Mass Dissent (monthly publication) office and staff. _____ National Immigration Project No one will be denied membership because of inability to pay.