The wrongful death lawsuit filed by John O’Keefe’s family against Karen Read is in active discovery in Plymouth Superior Court, with a discovery deadline of August 17, 2026 and no trial date set. Judge Mark Gildea took over the case in November 2025 and has signaled he intends to hold that deadline. In October 2025, the court rejected most of Read’s effort to dismiss the family’s emotional distress claims, leaving the core of the suit intact.
Who Sued, When, and For What
Paul O’Keefe, joined by John O’Keefe’s mother, father, and niece, filed the complaint on August 26, 2024 in Plymouth Superior Court. The defendants are Read and two Canton bars, C.F. McCarthy’s and the Waterfall Bar and Grille. The family is seeking damages exceeding $50,000.
The complaint alleges Read “intended the reckless conduct that resulted” in O’Keefe’s death outside a fellow Boston police officer’s Canton home on January 29, 2022. It also brings emotional distress claims, accusing Read of causing the family “aggravated emotional distress” by promoting what the family calls a “false narrative” of a law enforcement cover-up. The complaint describes this as a “public campaign of disinformation” and specifically points to Read’s alleged collaboration with blogger Aidan Kearney, known as “Turtleboy.”
The two bars are named on dram-shop-style allegations. According to the complaint, C.F. McCarthy’s served Read seven alcoholic drinks in roughly 90 minutes on January 28, 2022, while she “showed signs of intoxication,” and the Waterfall Bar and Grille later served her a shot and a mixed drink. Both bars moved to dismiss the emotional distress claims against them, arguing the family’s alleged harm came too long after O’Keefe’s death to be legally cognizable. Plaintiffs’ attorneys called those motions “far too premature.”
Why the Acquittal Didn’t End the Case
A jury acquitted Read on June 18, 2025 of second-degree murder, manslaughter, and leaving the scene, convicting her only of operating under the influence. That verdict does not bar the civil suit. Criminal cases require proof beyond a reasonable doubt; civil plaintiffs need only show their version is more likely than not. A civil jury can find Read liable for O’Keefe’s death even though a criminal jury declined to convict her.
Under Massachusetts wrongful death law, available damages include lost income, loss of companionship, and funeral expenses, plus a minimum of $5,000 in punitive damages when a death results from malicious, willful, wanton, or reckless conduct.
Key Rulings So Far
The civil case was stayed during Read’s criminal proceedings. In November 2024, a judge ruled Read could not be deposed until the second criminal trial ended, though the co-defendant bars had to keep participating in discovery.
In August 2025, Read moved to dismiss the family’s emotional distress claims. Plymouth Superior Court Judge Daniel O’Shea largely denied that motion in October 2025. He dismissed one claim, a negligent infliction of emotional distress claim brought on behalf of O’Keefe’s teenage niece, but allowed the niece’s intentional and reckless infliction claims to proceed. O’Keefe’s parents and brother were permitted to continue with their negligent infliction claims; the judge noted they were on “different footing” because they arrived at the hospital shortly after O’Keefe’s death and saw his injured body.
Read’s team also tried to add ten new parties to the existing suit, including the civilian witnesses from 34 Fairview Road and several law enforcement figures, arguing all claims arose from the same facts. Judge O’Shea rejected that approach at a September 2025 hearing, calling it a “rather extraordinary process” and faulting Read’s team for not notifying the other parties in advance.
Where Discovery Stands
The case was reassigned to Judge Gildea in November 2025. Discovery is scheduled to close on August 17, 2026. Both sides have acknowledged the deadline may be hard to meet, but Gildea has indicated he intends to keep it.
Several discovery disputes are shaping the run-up to that deadline:
- Cellphones. At a March 2026 hearing, the parties reached a general agreement to work toward a stipulation on returning and searching Read’s cellphones, which have been held by the Norfolk District Attorney’s Office since the criminal case. Read’s team will determine the process for accessing the data, and no release date has been set.
- State Police emails. In June 2026, Read’s attorneys moved to compel the Massachusetts State Police to produce 473 emails exchanged with the Norfolk District Attorney’s Office. The State Police argued the emails are privileged attorney work product.
- Document production. On May 7, 2026, the O’Keefe family filed a motion to compel, accusing Read’s legal team of dragging its feet on producing documents.
The Proctor Deposition
Former lead investigator Michael Proctor has been a focal point of the discovery phase. Proctor was fired from the Massachusetts State Police in March 2025 after a trial board found he violated four department policies, including sending derogatory text messages about Read, sharing case information with unauthorized people, creating an appearance of bias, and drinking on duty. The POST Commission later suspended his law enforcement certification.
His deposition was originally set for June 8, 2026. His attorneys filed an emergency motion to delay it on June 5, citing “personal circumstances.” Judge Gildea denied the request, calling it an “extraordinary request” to continue a “long-noticed deposition.” Proctor did not appear on the scheduled date, and the deposition was rescheduled for June 25 and July 14, 2026.
The Legal Teams
The O’Keefe family added San Diego attorney Bibianne “Bibi” Fell to its team in October 2025. Fell has a record in catastrophic injury and wrongful death cases, including a $105 million verdict in a medical fraud case. Marc Diller and Daniel Buck also represent the plaintiffs.
Damon Seligson of Sheehan Phinney leads Read’s civil defense, joined by Alan Jackson and attorneys from Melick & Porter.
Related Litigation
The wrongful death suit is one of four intersecting civil cases. Read has filed her own federal civil rights suit against the civilian witnesses inside 34 Fairview Road on the night of O’Keefe’s death, and a Bristol County Superior Court suit against the Massachusetts State Police and the Town of Canton alleging biased investigation. Several of the civilian witnesses have brought a defamation suit against Read and Kearney; Judge Gildea is overseeing that case as well as the wrongful death action. Those cases are separate proceedings and do not control the schedule or outcome of the O’Keefe family’s suit.
What to Watch Next
The immediate benchmark is the August 17, 2026 discovery deadline and whether Gildea holds it despite pending disputes over the cellphones, State Police emails, and document production. Proctor’s completed deposition testimony, once taken, will feed into both sides’ theories. No trial date has been set, and with parallel civil cases in motion, the litigation around John O’Keefe’s death is expected to continue well beyond 2026.