8/10/2019 Press Release - Thompson v Barboza

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PRESS RELEASE

Law Offices of Howard Friedman 90 Canal Street Boston, MA 02114 (617) 742-4100 Fax: (617) 303-3938

For Immediate ReleaseDate: December 8, 2014Contact: David MiltonPhone: (617) 742-4100

Man Sues Fall River Police Officer Who Arrested Him for Videotaping the Officer

BOSTON, MAToday, George Thompson of Fall River filed a civil rights lawsuit againstFall River police officer Thomas Barboza, alleging that Barboza falsely arrested Mr. Thompson forexercising his First Amendment right to record the officer in public.

On January 6, 2014, Mr. Thompson was sitting on his front porch when he observed OfficerBarboza, who was working a traffic detail, loudly talking and cursing repeatedly during a personal

call on his cellphone. When Mr. Thompson asked Officer Barboza to watch his language, OfficerBarboza cursed at Mr. Thompson. Mr. Thompson took out his smartphone and began openlyfilming Officer Barboza, who continued to talk on the phone and curse.

Officer Barboza became enraged when he saw Mr. Thompson recording him. Barbozacharged into Mr. Thompsons yard and arrested him. Barboza then brought baseless criminalcharges against Mr. Thompson, including a violation of Massachusetts wiretap law. The BristolCounty District Attorneys Office later agreed to drop all charges against Mr. Thompson.

Officer Barboza also confiscated Mr. Thompsons smartphone during the arrest. While thephone was in police custody, all of its contents were deleted, including the video Mr. Thompson had

recorded of Barboza. Fall River police initially tried to blame Mr. Thompson, but an independentforensic investigation later confirmed that the Fall River police were responsible for deleting thecontents of the phone.

Mr. Thompson said: There was no excuse for Officer Barboza to arrest me. His actionsshowed a blatant disregard for my constitutional right to videotape police officers in public. Policeofficers need to be held accountable when they violate the law.

Thompsons attorney, David Milton, said, Recording the police is a critical, well-establishedFirst Amendment right. Officer Barbozas unhappiness that he was being recorded does not makeMr. Thompsons exercise of this fundamental right a crime. Mr. Milton, along with HowardFriedman and the ACLU of Massachusetts, represented Simon Glik in the landmark 2011 lawsuitGlik v. Cunniffe, in which the federal appeals court in Boston affirmed that recording public officialsin a public space is protected by the First Amendment.

The lawsuit, filed in the U.S. District Court in Boston, seeks money damages for violationsof Mr. Thompsons rights under the federal Constitution and Massachusetts civil rights law. Thelawsuit is called George Thompson v. Thomas Barboza(C.A. No. 14-14355).

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