Recent Blog Posts

Tuesday, September 24, 2013

Lowell, Mass. police sued for informant misuse

The city of Lowell, MA, is being sued, along with Officer Thomas Lafferty, for permitting the longterm misuse of informants who allegedly planted drugs on innocent people. Stories from the Boston Globe and the Lowell Sun here, here and here. Lowell has been under scrutiny for its informant policies: earlier this year a prosecutorial review cleared Officer Lafferty of wrongdoing in connection with his informant practices.

Plaintiffs harmed by informants often have a difficult time holding government actors and agencies responsible in court, since it can be hard to show that the government authorized the informants' bad behavior. For a prominent counter-example, see Estate of Davis v. U.S., 340 F.Supp.2d 79 (D. Mass. 2004) (describing a variety of legal theories under which the FBI might be held liable for murders committed by their informants Whitey Bulger and Stephen Flemmi). With growing scrutiny of and information about the government-informant relationship, the law in this regard may be due for a change.