Tag Archives: Civil Rights lawsuit

Reinstated! Feb. 2017

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Hello everybody,

It was a year ago that the Department of Correction administrators, here at MCI-Concord, decided that they were going to threaten, intimidate, and then punish me for going against their wishes and speaking with a reporter from Boston Magazine. They tried to misuse their power to prevent me from standing up for my rights. Ultimately, the prison’s administration took away privileges that I had earned and then removed me from the facility’s NEADS Service Dog Training Program, in a malicious attempt to hurt me. I was devastated and heartbroken. Once again, I was being punished and had done nothing wrong.

Gianna welcomes Brian back to the NEADS Program with a kiss!
Feb. 2017

Since then, with the help of a dynamic civil rights lawyer, Sonja Deyoe, we filed a civil rights law suit in District Court outlining the abuses of power and discretion by prison authorities. We filed this lawsuit in an attempt to stand up for what was right and to prevent those in power from mistreating people who are weaker than them, simply because they can. The complaint that was filed with the court detailed allegations that the prison authorities threatened and intimidated me to prevent me from speaking with the reporter; and then, after I did, the authorities punished me by removing me from the NEADS Program after two years of successfully training service dogs for disabled children.

However, today I am very happy and proud to announce, thanks to Sonja’s help, I have been reinstated back into the NEADS Program. That’s right; I am now back training service dogs for disabled people.

Brian as he should be, with a dog by his side. This is Gianna!
Feb. 2017

I really want to thank Sonja for her help. Without her, I don’t think any of this would have been possible. Her dedication to helping those who are in need and her commitment to defending what is right, is the reason I am training service dogs once again. Although I have not yet been given my own dog to train, I am very happy merely to have the opportunity to be back in this amazing program. On behalf of me and my family, thank you, Sonja.

Brian

 

Update: Civil Rights Lawsuit

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Hi to everybody,

I wanted to give everyone a quick update on recent events regarding the civil rights lawsuit I filed against the Massachusetts Department of Correction (DOC).

As I’m sure you remember, last February (2016), prison officials here at MCI-Concord threatened me and then retaliated against me because I cooperated with the reporter from Boston Magazine, who was writing an article about my wrongful conviction. Prison officials were angry at me and decided they would punish me by removing me from the NEADS Service Dog Program. Over the course of the two years that I had been in the program, I had trained three dogs that were placed with disabled children. Well, after my punitive removal I filed a federal lawsuit against the DOC in U.S. District Court (Peixoto v. Lois Russo, et. al.)

Attorney Sonja Deyoe stepped forward and offered to represent me in the suit, pro bon. The DOC lawyer then filed a motion with the court to have my lawsuit dismissed. He argued that I do not have a Constitutional right to communicate with the media and that DOC officials did not threaten or retaliate against me for doing so and that I did not have a protected right in being in the program to begin with so I had no rights to protect in the suit. Subsequently, the court held a hearing where Sonja aggressively argued against the DOC lawyer on my behalf.

Amazingly, I am happy to announce that Sonja was successful. The court ruled in our favor and denied the DOC’s motion to dismiss the lawsuit. In the court’s decision the judge agreed with us and stated that a jury could find that “prison officials took adverse action” against me and had “the intent to retaliate,” when they removed me from the NEADS Program. Further, the judge stated that a jury could find that these prison officials acted with “intent” to threaten and intimidate me in order to discourage my communication with the media.

This is wonderful news. Sonja did an amazing job in fighting for me and my civil rights. This is an incredible David v. Goliath win. With Sonja’s help, we were able to stop omnipotent prison officials from abusing their power and from threatening and intimidating those weaker and in their care. We are hopeful that very soon the DOC will be forced to do the right thing and put me back in the NEADS Service Dog Program and to stop any further abuse against me simply for proclaiming my innocence and fighting to be freed from my wrongful imprisonment.

Thank you, Sonja.