Articles

Summer 2000 By Douglas I. Louison of Louison, Costello, Condon & Pfaff, LLP. In Commonwealth v. Barros, the Massachusetts Appeals Court has issued a disturbing decision reversing a defendant’s conviction for carrying a firearm and ammunition without a license. The court ruled that the police had insufficient basis to detain and search the defendant and therefore […]

Summer 2000 By Bradford N. Louison of Louison, Costello, Condon & Pfaff, LLP. Often there will be a consideration of obtaining a release of all civil claims as part of a plea agreement in criminal cases. This is a common concern in troublesome cases where the criminal defendant has threatened suit, or in cases where

Summer 2001 By Regina M. Ryan of Louison, Costello, Condon & Pfaff, LLP. The Supreme Court of the United States has recently ruled that a police officer may be awarded summary judgment for excessive force claims if the officer acted objectively and reasonably in using the force necessary to effectuate the arrest.Saucier v. Katz, 121

City Solicitors and Town Counsel Association, Newsletter, Spring, 2002 By Regina M. Ryan of Louison, Costello, Condon & Pfaff, LLP. Town counsel and city solicitors whose municipalities have insurance coverage are making inquiry of the issue as to when an insurance company can designate defense counsel for the insured municipality. This article addresses the occasions

Fall, 2002 A police civil rights trial in the United States District Court handled by Attorney Douglas I. Louison has been selected as one of the ten “biggest” defense wins of the year by Lawyers Weekly. In the case of Young v. Town of Amesbury, et al, Attorney Louison successfully defended an Amesbury Police Sergeant who was

2004 By Douglas I. Louison of Louison, Costello, Condon & Pfaff, LLP In a highly publicized ruling, a United States District Court Judge has dismissed a civil rights lawsuit brought Donnell Johnson, who was convicted of murdering a nine year old boy in Boston (Germaine Goffigan) on Halloween eve (October 31, 1994). The Goffigan murder

2004 By Douglas I. Louison of Louison, Costello, Condon & Pfaff, LLP A trial court judge denied the a criminal defendant’s motion to suppress evidence that was collected while a police officer was searching a car for ownership information prior to towing the car. The Commonwealth argued that the police found the evidence during a

2004 By Douglas I. Louison of Louison, Costello, Condon & Pfaff, LLP The Federal Appeals Court reversed a verdict wherein a jury found in favor of the plaintiff who asserted claims under 42 U.S.C. 1983 for an unlawful Terry search and excessive force. The plaintiff alleged that the defendant (a police officer) unlawfully stopped and searched him

2004 By Stephen C. Pfaff of Louison, Costello, Condon & Pfaff, LLP The defendant was arrested on July 4, 2003 at 1:30 a.m. by a Massachusetts State Trooper for operating a motor vehicle under the influence of liquor. The defendant was taken to the State Police barracks and provided with a copy of a form