Massachusetts Attorney Blog: Consumer Protection & Personal Injury Information

Family of Kenneth Howe Files Wrongful Death Lawsuit Against Police

Three Massachusetts law enforcement agencies are being sued for wrongful death after the tragic death of a Worcester man on the night before Thanksgiving in 2009.

The family of Kenneth Howe filed the wrongful death lawsuit based on the suspicious events surrounding Howe's death, which occurred while he was being arrested at a sobriety checkpoint in North Andover, Mass.

Howe, 45, was pulled from the vehicle and subsequently beaten by an estimated 10 to 20 police officers. The family asserts that the excessive force was unjustified and photographs taken by a news photographer at the scene show numerous officers standing over Howe's body. Authorities claim Howe-who allegedly had smoked marijuana that night-assaulted a female trooper and tried to flee the scene.

Officials are awaiting the final autopsy results in the case, but the medical examiner has determined that Howe's death was a homicide. "Homicide" does not necessarily mean that a murder occurred, but does signify that Howe was killed by another human being.

The term, "homicide," is intent-neutral and does not infer that a death was wrongful or justified. Therefore, criminal wrongdoing is not implied in a homicide case.

Criminal vs. Civil Court

Thus far, no criminal charges have been filed against any of the law enforcement officers involved in the fatal incident. Because Massachusetts wrongful death lawsuits take place in a civil court, criminal charges are not necessary to file a successful wrongful death lawsuit.

In fact, the plaintiff in a Massachusetts wrongful death lawsuit has a less burdensome standard of proof than the "beyond a reasonable doubt" standard which exists in criminal courts.

To learn more about Massachusetts wrongful death lawsuits, visit our library. 

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with you life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

Labels: police brutality wrongful death lawsuit