From acquitted murder defendant Karen Read’s lawsuit claiming evidence tampering to an $11 million judgment awarded in December to a high-ranking female trooper who sued for gender discrimination, the Massachusetts State Police (MSP) is facing a web of financial liability. With multiple high-profile cases pending, taxpayers are on the hook for the bill.
A 25 Investigates analysis of data from the state comptroller’s office reveals that taxpayers footed the bill for nearly $16 million in settlements and judgments over the last five years. That figure does not include the $11 million gender discrimination judgment or a $6.8 million award to a group of female and minority troopers who won a discrimination suit weeks earlier. Both of those cases are currently under appeal.
One Trooper, Three Lawsuits
25 Investigates found one trooper embroiled in active litigation on three fronts. Trooper Evan MacLean, who joined the force in 2017, is a defendant in two federal lawsuits and a plaintiff in a third he filed against the MSP. One case involves Tammie Scoyne, who filed a federal civil rights complaint alleging false arrest and malicious prosecution. In August 2021, Scoyne pulled into the Charlton Rest Area after her car battery died. Following a jump-start from AAA, Scoyne said she fell asleep in the driver’s seat while waiting for the battery to charge, as advised by a technician. MacLean was dispatched to check on Scoyne after a bystander reported she appeared to be “passed out.” Records show MacLean ran Scoyne’s criminal history before approaching her, noting she was on probation for a prior assault.
Body camera footage captures the interaction quickly escalating:
Tpr. MacLean: “Listen, you’re on active probation, don’t give me a ration of s*** right now.”
Scoyne: “You get off on this s***, huh? ... For what? You’re not arresting me for anything! I didn’t do s***!”
Tpr. MacLean: “You’ve been here for over two hours, you’re trespassing.”
Despite the lack of a previous trespass warning, MacLean handcuffed Scoyne after she challenged him for not allowing her to use the restroom.
“I was pleading saying, ‘Hey, call your superior. They know that that’s why I’m here. I had car trouble,’” Scoyne told investigative reporter Ted Daniel.
Scoyne alleges she was left in a patrol car in 85-degree heat with the windows up for 15 minutes as MacLean searched her vehicle for contraband. A police report authored by MacLean confirms nothing illegal was found. While the trespassing charge was later dismissed, the arrest triggered a probation violation that Scoyne said cost her $3,000 in legal fees.
“You can’t just arrest somebody because you don’t like their attitude,” Scoyne is heard yelling on camera while handcuffed to a bench at the Charlton barracks.
MacLean declined to comment through his lawyer. In legal filings, he denies wrongdoing and describes Scoyne’s suit as “frivolous.”
The ‘Fleeing Felon’
MacLean is also a lead defendant in a federal civil rights lawsuit filed by Fernando Mukulukusso, a 53-year-old Shrewsbury man who was the victim of a hit-and-run in December 2021.
Court filings show Mukulukusso was chasing the person who hit his vehicle in Millbury when MacLean arrived. In an affidavit, MacLean stated he “reasonably believed” Mukulukusso was a “fleeing felon.” He drew his weapon and used an “arm bar” to force Mukulukusso to the ground.
Mukulukusso alleges that troopers kicked and stepped on his neck—a claim MacLean denies, stating he only knelt on the man’s shoulder to maintain control. Mukulukusso was released only after a radio transmission confirmed the actual suspect was in custody elsewhere. MacLean maintains he followed his training and that Mukulukusso “did not comply with my commands.”
The Impounded Kidney
MacLean has filed his own lawsuit against the department, claiming the MSP treated him unfairly by suspending him for 50 days without pay. The suspension stemmed from the Scoyne and Mukulukusso incidents, as well as a third internal affairs complaint.
In that third case, the MSP found MacLean made “unprofessional comments” regarding a kidney needed for an urgent transplant at Boston Children’s Hospital. After arresting a man for operating without a valid license, MacLean impounded the vehicle containing the organ. On body camera, MacLean reportedly stated the kidney had become the “problem” of the tow company. Other troopers who became aware of the impounded kidney rushed it to Children’s in time for the operation.
The High Cost of Defense
Attorney Leonard H. Kesten, who represents the trooper awarded $11 million in the gender discrimination case, noted that law enforcement personnel are almost always shielded from having to defend themselves.
“State troopers are indemnified, which means that the Commonwealth pays for the defense and pays any judgment,” Kesten said. “The Commonwealth being tax dollars.”
While Kesten acknowledges police work is a “high-stress” job and good police work is rarely reported, he remains firm: “That does not excuse bad behavior.”
Reforms
In response to the mounting litigation and public outcry, the Massachusetts State Police has pointed to several recent reforms under Colonel Geoffrey Noble aimed at increasing transparency and professionalism.
The department has fully implemented a body-worn camera program for all road troopers, a tool that was instrumental in the investigations into Trooper MacLean’s conduct.
A new use-of-force policy includes a “duty to intervene,” requiring troopers to stop and report excessive force, roles have been restructured to increase direct oversight, and the new Office of Organizational Excellence was created to curb misconduct before lawsuits or formal discipline.
“Under Colonel Noble’s leadership, the Massachusetts State Police has impressed upon every member their personal responsibility to conduct themselves in a manner that conforms to policies, but also reflects our core values of integrity, professionalism, and excellence,” an MSP spokesperson wrote.
For Scoyne, the fight continues. Though MSP found Trooper Maclean responsible for making an improper arrest, “He’s still fighting the lawsuit as if he wasn’t,” she said.
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