Joseph Abasciano v. City of Boston, by and through its Treasurer, Ashley Groffenberger; Michelle Wu; Michael A. Cox; Phillip Owens; and Joseph Coppinger

CourtDistrict Court, D. Massachusetts
DecidedNovember 4, 2025
Docket1:24-cv-12654
StatusUnknown

This text of Joseph Abasciano v. City of Boston, by and through its Treasurer, Ashley Groffenberger; Michelle Wu; Michael A. Cox; Phillip Owens; and Joseph Coppinger (Joseph Abasciano v. City of Boston, by and through its Treasurer, Ashley Groffenberger; Michelle Wu; Michael A. Cox; Phillip Owens; and Joseph Coppinger) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Joseph Abasciano v. City of Boston, by and through its Treasurer, Ashley Groffenberger; Michelle Wu; Michael A. Cox; Phillip Owens; and Joseph Coppinger, (D. Mass. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

* JOSEPH ABASCIANO, * * Plaintiff, * * v. * * Civil Action No. 24-cv-12654-ADB * CITY OF BOSTON, by and through its * Treasurer, Ashley Groffenberger; * MICHELLE WU; MICHAEL A. COX; * PHILLIP OWENS; and JOSEPH * COPPINGER, *

Defendants.

MEMORANDUM AND ORDER

BURROUGHS, D.J.

Plaintiff Joseph Abasciano (“Abasciano”) brings federal and state civil-rights claims and state-law tort claims against the City of Boston (“City”), and four City employees, Michelle Wu, Michael A. Cox, Phillip Owens, and Joseph Coppinger (with the City, “Defendants”). [ECF No. 37 (“Second Amended Verified Complaint” or “SAC”)]. Currently before the Court is Abasciano’s motion for partial summary judgment on the issue of liability as to Count VII of the Second Amended Verified Complaint, a First Amendment retaliation claim against the City brought under 42 U.S.C. § 1983. [ECF No. 32]. For the reasons set forth below, the motion is GRANTED. I. BACKGROUND A. Material Facts1 Abasciano started working as a police officer for the Boston Police Department in 2007. [ECF No. 40 ¶ 16]; see also [ECF No. 43 ¶ 1]. On January 5, 2021, while on Family Medical

Leave Act leave, he travelled to Washington, D.C., with a fellow police officer to attend the so- called “Stop the Steal” rally scheduled for the next day at which President Donald Trump was expected to speak. [ECF No. 43 ¶ 5]; [ECF No. 40 ¶ 24]. On January 6, 2021, Abasciano and his fellow officer attended the rally at the Ellipse in front of the White House.2 [ECF No. 43 ¶ 8]. As relevant here, over the course of the day, Abasciano posted a series of tweets on Twitter (now known as X) from an account with the handle “@mailboxjoe.” [ECF No. 43 ¶¶ 4, 6–7, 9–12]; [ECF No. 40 ¶ 68]; see generally [ECF No. 34-7 (@mailboxjoe tweet history)]. At 5:53 a.m., he replied to a tweet from @GabrielSterling, who worked in the office of Georgia Secretary of State Brad Raffensberger, writing, “I can’t wait to see you dragged away in

handcuffs.” [ECF No. 43 ¶ 6]. At 6:44 a.m., he tweeted, “MAGA Millions Patriots here in DC. Today is the day for choosing. Today there will be only two parties in America. Traitors and

1 The Court draws the facts from the parties’ combined Rule 56.1 statement of material facts, which consists of Defendants’ Response to Plaintiff’s Statement of Material Facts and Proposed Additional Material Facts, [ECF No. 43], and Abasciano’s Response to Defendants’ Statement of Additional Material Facts, [ECF No. 49], and documents referenced therein. The Court additionally draws on Defendants’ Answer to the SAC, [ECF No. 40]. 2 Abasciano alleges that the breach of the Capitol building happened on the opposite side of the building from where he and his fellow officer were, and that he did not enter the Capitol, damage any property, or commit any acts of violence that day. See generally [ECF No. 37 ¶¶ 35–57]. The Massachusetts Civil Service Commission later found that the Boston Police Department’s initial investigations into Abasciano “credibly concluded . . . [that Abasciano] did not personally participate [in] or condone the insurrection that took place that day.” [ECF No. 34-1 at 37]. 2 Patriots!” adding the hashtags “#January 6, #MAGA[,] and #MarchForTrump.” [Id. ¶ 7]. At 8:14 a.m., he tweeted, “Hey @senmajlder look out your window. Millions of Patriots are at your doorstep and we are watching. It is time for choosing. Are you a traitor or are you a Patriot #MarchForTrump #StopTheSteal #PatriotParty.” [Id. ¶ 9]; [ECF No. 40 ¶ 86]. At 12:40 p.m.,

while at the rally, Abasciano tweeted, “Everything that happens going forward @VP is now on your conscience,” with the hashtags “#1776Again, #MarchForTrump[,] and #WeThePeople.” [ECF No. 43 ¶ 10]. At 3:54 p.m., he tweeted, “I hope you never sleep well again @VP your Treasonous Act lead [sic] to the murder of an innocent girl and the death of America. You are not a Godly man. I guess @LLinWood was right about you all along.” [Id. ¶ 11]. At 5:22 p.m., he tweeted, “What I saw in [sic] today frankly made me weep for our once great nation. The Political Elitist Class has successfully turned Americans against each other. Patriots and Law Enforcement trying to do their jobs in a no win [sic] position. I fear this Treasonous election has killed the republic.” [Id. ¶ 12]. After Abasciano was identified as the owner of @mailboxjoe, he shut down the account.

See [ECF No. 43 ¶ 14]; [ECF No. 40 ¶ 132 & n.8]. Soon afterward, the Boston Police Department received the following anonymous complaint through Twitter: “@bostonpolice – just a heads up. A couple of your off duty officers were at the Capitol taking pics and here’s Abasciano threatening VP and members of Congress. He and others have now removed their social media.” [ECF No. 43 ¶ 14]. Attached to the tweet were screenshots of three of Abasciano’s January 6, 2021 tweets. [Id.]. The Boston Police Department initiated two investigations against Abasciano based on the events of January 6, 2021, first an investigation by the Anti-Corruption Division (“ACD”) in the Bureau of Professional Standards, which focused on whether Abasciano had engaged in any

3 criminal misconduct, and then an investigation by the Internal Affairs Division (“IAD”) of the Bureau of Professional Standards into whether his actions had violated any Boston Police Department rules or procedures. [ECF No. 43 ¶¶ 15–16]. The ACD investigation concluded that Abasciano’s tweets and conduct on January 6, 2021 violated no criminal law and the

investigation was closed on May 3, 2021. [Id. ¶ 18]. The officer assigned to the IAD investigation, Sergeant Detective Antunez, prepared an investigative report, which he submitted through Lieutenant Detective Thomas Lima (“Lima”) to Deputy Superintendent Eddy Chrispin (“Chrispin”), who was then in charge of the IAD. [ECF No. 43 ¶¶ 19–20]. Lima then prepared a cover report, dated November 16, 2021, that “did not find any evidence in which [Abasciano] was in violation of any BPD rules” and recommended that the allegation that Abasciano had violated Boston Police Department Rule 102, Section 2, Neglect of Duty/Unreasonable Judgment be classified as “not sustained.” [Id. ¶ 21]; [ECF No. 34-2 at 17]. Lima’s report was forwarded to and approved by Chrispin, then forwarded to Superintendent Sharon Dottin (“Dottin”), who noted and approved the report and forwarded it to

the Boston Police Department Legal Advisor for review. [ECF No. 43 ¶ 23]. On December 8, 2021, the Legal Advisor agreed with the finding of “non-sustained” as to all allegations against Abasciano and forwarded the file to Superintendent-in-Chief Gregory Long (“Long”), the Acting Police Commissioner “who then had the final word on all IAD complaints.” [Id. ¶ 24]. Long took no action on the recommended finding during his tenure. [Id. ¶ 25]. Ten months later, in September 2022, Michael Cox, the new Police Commissioner, elevated Sergeant Detective Philip Owens (“Owens”) to the position of Deputy Superintendent, eventually assigning him to replace Chrispin as the head of the IAD. [ECF No. 43 ¶ 26]. On December 20, 2022, Owens forwarded a “non-concurrence” letter to Cox, in which he disagreed

4 with the recommended finding of “non-sustained” contained in Lima’s IAD report, writing that Abasciano had “tweeted incendiary tweets that condone the violent insurrection [that] would be viewed unfavorably by the Boston Police Department and the citizens of the City of Boston.” [Id. ¶¶ 27–29]. Dottin and the Legal Advisor then both reversed their prior positions and

approved Owens’s letter that recommended findings of “sustained” violations of Boston Police Department rules. [Id. ¶ 30].

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Joseph Abasciano v. City of Boston, by and through its Treasurer, Ashley Groffenberger; Michelle Wu; Michael A. Cox; Phillip Owens; and Joseph Coppinger, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-abasciano-v-city-of-boston-by-and-through-its-treasurer-ashley-mad-2025.