WAR AGAINST PHOTOGRAPHY UPDATE: Man Wins $1.4 Million Settlement From Boston Police In Video Recording Incident.
A man who was tackled by a cop and placed in a chokehold while video recording a traffic investigation won a $1.4 million settlement this week.
Michael O’Brian said the 2009 incident left him brain-damaged and unable to return to work as a corrections officer for the Middlesex Sheriff’s Office.
The Boston police officer who tackled him, David Williams, was fired in January. . . .
In November 2011, Maury Povino filed a lawsuit against the Boston Police Department after they arrested him for video recording them.
Paulino was charged with felony wiretapping along with assault and battery on a police officer, disorderly conduct and resisting arrest in the 2009 incident.
The wiretapping charge was quickly dropped and he beat the other charges in court.
At this stage, even filing the wiretapping charges should be grounds for additional discipline. And I guess I should provide one more plug for Morgan Manning’s article on photographers’ rights. Plus, my forthcoming piece in the Washington University law Review on a due-process-based right to record the police.