Any Massachusetts police officer injured during riots are entitled to be compensated for their injuries. The same Massachusetts laws on which we bring successful claims for Massachusetts police officers injured while making an arrest, struggling with a subject, breaking up a fight, or when assaulted by a subject apply to claims made by Massachusetts police officers injured during riots or protests. The First Amendment to the Bill of Rights guarantees a person’s freedom of speech and to peacefully assemble and protest. It is not however a license to injure police or incite and encourage violence against police. Those persons in the crowd who incite or encourage violence against police can be held liable to the injured police officer.
Critical to making a successful claim against persons in the crowd who incite or encourage violence against a police officer is an identification of these persons. Identification is easier when those persons are arrested on related criminal charges such as being a disorderly person or interfering with the lawful duties of a police officer. Otherwise, securing surveillance video, cell phone recordings and photographs, and news video and photographs will assist in identifying those persons who incite or encourage violence against police, as well as proving their liability for such conduct. Of course, eyewitnesses who identify the agitators as well as the physical actors are valuable sources for identification. The members of a mob who incite injurious activity by others against police need to be held accountable as well as the physical actors. So, it is important to identify all the participants.
Massachusetts laws protect the rights of injured police officers to seek full compensation for all their losses by those who directly injure them or encourage and incite others to do so. People who encourage others to resist or injure police need to be held liable for their role in injuring an officer, the same as the physical actors who physically injure police through their negligent, reckless or intentional conduct. The bringing of a claim primarily benefits the injured officer, to compensate them for all their losses. It also provides a deterrent to others who consider getting involved in such conduct in the future.
If you are a police officer who has been injured during a riot or protest, we will review your matter with a view towards holding all the bad actors accountable during a no-obligation, confidential and free consultation. If we proceed to take on your case it will be on a contingent fee basis where the injured officer owes us nothing for our time or expense unless we make a successful recovery. Visit BallinLaw.com to read more about our experience in representing injured police officers.