Human Rights Watch initially requested information about civil lawsuits in a December 1996 letter; after four telephone reminders and a new letter, Human Rights Watch received a response in September 1997. We requested information on the amount of money paid by the city of Boston for the purpose of settling cases alleging police brutality or the use of excessive force. The staff attorney with the Office of the Legal Advisor of the police department responded: "Neither the Department, nor the City of Boston, maintain records in a form responsive to your request, i.e., a list or compilation of the amount of money paid to settle policebrutality cases."43 When asked about this information, the BII superintendent claimed that such data do exist; she did promptly provide judgment award amounts in police misconduct cases, but she did not provide information about settlements, as requested.44 During 1997, there were two judgments totaling $7,500 against officers whom the city did not represent because they broke departmental rules, and one judgment of $250,000 in a case the city did defend; that case was being appealed as of January 1998.

Human Rights Watch also requested information on procedures: whether an investigation is initiated by the police department once a civil lawsuit is filed, settled, or judged in favor of a plaintiff in a brutality-related case. The legal advisor's response did little to clarify this point; he stated that the city's Law Office may send notification to the police department regarding the filing of a civil action, and an "informational memo" is sent to the department's Bureau of Investigative Services, if there are potential internal affairs implications. It is unclear who decides whether there are such implications or what precisely happens upon receipt of an "informational memo."45

According to the BII superintendent, civil lawsuit awards and settlements are now paid from the police department's budget; this practice began in 1997.46 She stated that this change has made the department pay closer attention to civil suits.

43 Letter from Robert E. Whalen, Staff Attorney, Office of the Legal Advisor, to Human Rights Watch, September 16, 1997.

44 Telephone interview, Superintendent Doherty, January 30, 1998.

45 Letter from Robert E. Whalen, Staff Attorney, Office of the Legal Advisor, to Human Rights Watch, September 16, 1997. Indeed, according to an IAD representative, his understanding was that it was incumbent upon the officer named in a civil lawsuit to notify his or her commander.

46 Telephone interview, BII Superintendent Doherty, January 30, 1998.