For Immediate Release - May 28, 2010

Lynn Man Accused of Hate Crime Ordered to Stay Away From MBTA Worker and Green Line Trains Under Order Obtained by AG Coakley's Office

BOSTON - A Lynn man has been ordered to stay away from a man that he allegedly physically and verbally assaulted based on his race and is prohibited from using any MBTA Green Line service, under an injunction obtained by Attorney General Martha Coakley's Office. Late yesterday, Suffolk Superior Court Judge Geraldine Hines allowed the injunction against Daniel Jourdet who is accused of a bias-motivated assault against a MBTA employee at Copley Station in April 2010.

The order specifically prohibits Jourdet from violating the civil rights of the victim and all others in the Commonwealth based upon their actual or perceived race and prohibits him from entering any MBTA Green Line station or traveling on any train of the MBTA Green Line branch. A violation of the injunction is a criminal offense punishable by a fine of up to $5,000 and two and a half years in the House of Correction, or if bodily injury results from such violation, a $10,000 fine and up to 10 years in state prison.

"Our complaint in this case alleges that Mr. Jourdet engaged in a vicious attack on the victim, who was merely attempting to perform his job duties and to ensure the safety of subway passengers," said Attorney General Coakley. "Bias motivated attacks cannot and will not be tolerated in Massachusetts, and we are pleased that the Court has ordered this injunction."

According to the complaint filed on May 21, 2010, in Suffolk Superior Court, Jourdet engaged in a vicious verbal and physical assault of a MBTA Inspector at Copley Station in April 2010. MBTA employees responded to an apparent altercation between Jourdet and another man on the train platform, and repeatedly asked the men to separate and stop their disruptive behavior. The complaint alleges that Jourdet continually refused the instructions of the MBTA employees and became louder and more aggressive.

After being warned that he would be forced to leave the station if his disruptive behavior continued, Jourdet began shouting inappropriate remarks at the MBTA employees. Jourdet threatened to punch the victim, a MBTA Inspector, while repeatedly shouting racial epithets. Jourdet then threw a punch at the victim and backed the victim into a corner while continuing to threaten him and shout racial epithets.

The complaint further alleges that Jourdet, after being informed that the MBTA Transit Police were responding to the incident, exited the station and ran down Boylston Street until he was apprehended by a Boston Police officer. Jourdet continued to threaten and shout racial epithets at the victim outside the station.

The Attorney General's Office brought this action under the Massachusetts Civil Rights Act (MCRA), commonly referred to as the "hate crimes" statute. Under the MCRA, the Attorney General's Office may obtain injunctions against individuals who threaten, intimidate, or coerce victims because of their membership in a protected class - race, religion, sexual orientation, or disability, for example - or because they are engaged in a protected activity, such as the right to use public ways or places, the right to vote, or the right to associate.

Since taking office in 2007, Attorney General Martha Coakley's office has obtained 33 civil rights injunctions on behalf of victims of hate crimes, often working in close collaboration with police departments and District Attorney's offices throughout the Commonwealth. In addition to the prosecution of cases, the Civil Rights Division actively provides trainings to police officers, school personnel, and community groups to aid in the recognition and understanding of bias-motivated incidents and how to properly respond.

The Attorney General's Office is seeking a permanent injunction against Hagerty.

This case is being prosecuted by Assistant Attorney General Gabrielle Viator of AG Coakley's Civil Rights Division, with the assistance of Ashley Cinelli of the Victim Witness Services Division, the MBTA Transit Police, and the Suffolk County District Attorney's Office. The Suffolk County District Attorney's Office is prosecuting Jourdet for criminal violations.