Civil Rights

Davis Malm litigators have handled many civil rights cases and cases involving Constitutional rights. We have significant experience protecting the rights of children, the elderly, and the mentally ill in cases ranging from the adequacy of public schools to abusive practices at state hospitals to police misconduct. The firm’s work in the area of public education is described in the Education Practice area.


Safety and Security For Abused Children, The Elderly and the Mentally Ill

We have represented children who have been the victims of abuse and professional malpractice. For example, a favorable settlement was negotiated against a school and its administrators on behalf of five children with significant disabilities who were physically and emotionally abused by their teacher. The settlement was reached in the middle of a lengthy trial, after significant publicity about the evidence of misconduct. As a result of the publicity surrounding the case, two additional families whose children had been in the same program contacted the lawyers, and they were able to negotiate a prompt and favorable settlement of their claims.

We have successfully represented the families of elderly patients in a number of cases against residences, nursing homes and hospitals involving such claims as inadequate security at nursing homes and inadequate monitoring of patients after surgery. Another client was a prominent author who died as a result of the mistreatment she received at such a facility.


Guarding Freedom of Speech

We are committed to protecting against violations of freedom of speech. One case involved protecting four university students’ rights under the Massachusetts Civil Rights Act to hang posters and banners outside their dormitory windows protesting the university’s position on apartheid. In another case, a Town library reversed its ban of the showing of a controversial movie.


Police Misconduct

We have represented individuals who have been the victims of police misconduct. In one case, the client’s husband, a passenger in a car, was killed after a high-speed police chase. The case settled after discovery revealed that the chase violated police policy and that the pursing officers continued the chase even after they had been ordered to stop. In another case, a jury in federal court returned a verdict in favor of a prisoner who was abused by guards.


Sexual Assault and Harassment
We are committed to providing representation to victims of sexual assault and harassment. In one case, the assailant was a prominent sports figure, and we represented the victim in a civil action for damages, after the assailant was convicted of rape. In other cases, the firm has represented victims of sexual harassment in the workplace.