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Judge gives man beaten by white supremacists in Copley Square permission to serve lawsuit papers by e-mail instead of in person, since the group's leader has gone to ground

A federal judge yesterday agreed to let Charles Murrell III, beaten by members of the white-supremacist Patriot Front rabble on July 4th weekend last year, formally alert the group's leader of his lawsuit against it by e-mail instead of in person, because the guy has been changing addresses like somebody who doesn't really want to be served with lawsuit paperwork.

US District Court Judge Indira Talwani ruled that Murrell's lawyers at Foley Hoag had proven they'd gone to more than reasonable lengths to find Thomas Rousseau, last known address somewhere in Texas, so that a process server could hand him a copy of Murrell's lawsuit over the incident as normally required by law. Talwani wrote:

Murrell’s showing of multiple, unsuccessful efforts to serve a representative of the Patriot Front association constitute sufficient diligence such that alternative service is warranted.

And so Murrell's attorneys can now serve Rosseau by e-mail addresses they say they have found linked to Patriot Front posts on Telegram and other platforms, where Rousseau and Patriot Front proved they were aware of Rosseau's claims in 2022 - by pretty quickly denying his account. Murrell has said he just wanted to play his saxophone outside the Copley Square library when he was attacked on Dartmouth Street by some Patriot Front goons in town that day to heil up the idea of a whites-only America.

In a motion filed last week, Murrell's lawyers described their efforts to serve Rosseau, including four attempts in August at an address in Haslet, TX:

On each occasion, the process server knocked on the door and, when those knocks went unanswered, attached to the front door her contact information and a request that the occupant of the home contact her. While the process server observed on each of her subsequent visits to the home that those attachments had been removed from the front door, she never received a call back from Mr. Rousseau or anyone else. The process server also attempted to speak with neighbors to learn more information about the occupant of the home, to no avail.

The lawyers continued the closest they got was when they found a house in San Marcos, TX, linked to one of Rosseau's untersturmführers, on whom they'd hoped they could serve a copy of the suit. A knock on the door was answered by the guy's father - who said his son had moved to San Antonio but would not give out his address there.

Talwani said the lawyers could now serve a copy of the suit by sending them to the e-mail addresses they had found:

Murrell has also sufficiently demonstrated that his proposed means of alternative service are reasonably calculated to alert Patriot Front to the pendency of this litigation. Indeed, it appears that Patriot Front is already aware of the case and has made reference to it on the social media platforms by which Murrell intends to effectuate service.

In addition to allowing e-mail service, Talwani also extended the period in which Murrell's lawyers have to notify Rosseau by three months.

This is the second case in a year in which Talwani agreed to let a plaintiff use alternative means to notify somebody they were getting sued. Last December, she issued a similar ruling involving a California company trying to sue somebody who might live in Boston, but who had proven physically elusive.

Neighborhoods: 
AttachmentSize
PDF icon Judge's order166.21 KB
PDF icon Request for alternative notification71.25 KB


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Comments

Are these the pathetic, wannabe tough guys who wear the super tight chinos and hide behind masks?

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39

You'll have to be more specific.

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26

They are certainly _some_ of the pathetic, wannabe tough guys who wear super tight chinos and hide behind masks.

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31

These so-called wannabe rough and tough guys who hide behind masks, and decided to beat the hell out of a guy who was doing nothing but playing his saxophone outside a church deserve to be arrested, tried for and charged with their crimes in an adult court of law, and to serve a long adult term, in an adult prison. It would serve them just right.

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34

It would serve them right. Too bad Boston police did nothing as the white supremacists matched through Boston and beat the hell out of this guy. When black or brown people march the police certainly are all over them waiting to arrest. It's almost as though the police agree with/have so many white supremacists they did nothing.

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43

Looking at the previous story it seems clear that Rousseau would be tried in an adult court because he's an adult. The person whose father said didn't live where the process server wass looking for him is one of Rousseau's associates.

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11

Pretty classic fascist, tough enough when there are a bunch of them with weapons against an unarmed man, but quick to turn tail if it looks like the odds aren't overwhelmingly on their side.

In short, bawk bawk.

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24

Paging Meyer Lansky.

When the PF guys pulled up in front of BB Station with a Uhaul full of shields and defensive poles, etc. the Boston Police liason to the FBI, Andy Creed, was there to greet them, and help them unload in a no parking zone. Cops saw what happened to Murrell and made no arrests. These jerks continued to march down to the Public Garden and terrorize tourists at the Swanboats by marching around the pond and doing their little White Supremacy ditties.
Part of this problem IS THE POLICE. There have been more Neo-Nazi, Anti-Immigration, White Supremacist stand outs in Eastern Mass than in almost any other US state (barring Texas)

We get mad about the culture wars on the BCC but what really concerns me is the blatant disregard for the law and right and wrong that the BPD and other local BRIC, and FBI LEOs engage in. I know cops run mosts large cities but here it's a sport.

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28

Is there is evidence or more than one person who would attest that Creed helped the Pfiffle people? Multiple witnesses or video evidence? A Boston cop who is on duty - and really even off duty - enabling people whose intention is to cause fear cannot be consistent with the expected conduct of Boston police.

This would be the same as Skokie IL police assisting the American Nazis when they wanted to inflict subtle terror on Skokie Jews in 1977, Chicago police assisting the thugs when they did their petty march through Chicago instead of Skokie.