Post by Okwes on Jul 7, 2007 11:25:01 GMT -5
Tribal member wins on appeal
By Katie Mulvaney
Journal Staff Writer
A federal appeals court yesterday reinstated a $301,000 jury award to a Narragansett Indian injured when the state police raided a tribal smoke shop in July 2003.
A three-judge panel from the 1st U.S. Circuit Court of Appeals ruled that Trooper Kenneth Jones violated Adam Jennings’ constitutional rights when he twisted his ankle until it broke during the July 14, 2003, raid.
State and local police raided the roadside shop in Charlestown at Governor Carcieri’s order to stop the tribe from illegally selling cigarettes without charging Rhode Island tax. Jennings was working inside the shop when officers arrived. His ankle was broken when Jones tried to subdue him after he allegedly resisted arrest.
Jennings, his mother, Paulla Dove Jennings, and fellow shop worker Keith Huertas filed a civil suit accusing Jones and six other state troopers of using excessive force and violating their civil rights.
A jury found that Jones used excessive force and awarded Jennings $301,000 in compensatory damages after a five-day civil trial in U.S. District Court in March 2005. The jurors ruled in favor of two other officers; claims against the remaining troopers were dismissed.
But then-Chief U.S. District Judge Ernest C. Torres overturned the verdict, finding that as a police officer Jones was afforded a “wide zone of protection” from claims occurring in the line of duty as long as he acted reasonably.
Yesterday’s decision vacates Torres’ ruling and reinstates the $301,000 award.
The attorney general’s office was reviewing the 111-page ruling, 48 pages of which are a dissent by Judge Sandra L. Lynch, late yesterday afternoon. Lawyers there were considering their options, including requesting a review before the full appeals court, said Michael J. Healey, spokesman for Attorney General Patrick C. Lynch.
“Our view, obviously, is that Trooper Jones shouldn’t be held liable, we believe, because he was doing his job,” Healey said.
State Police Maj. Steven O’Donnell said last night that the state would petition for a full court review. Jones currently works out of the Lincoln barracks.
Jennings’ mother was elated when reached at the family’s home in Richmond.
“At least this will give him a sense that there is a creator looking out for his children,” she said. His ankle, which was first broken 16 months before the confrontation, still hurts after he stands on it for a long time, she said.
Jennings was working as a dealer at Foxwoods Resort Casino and could not be reached for comment. His lawyer, Michael Bradley, said simply: “I’m going to Disney.”
The ruling by Judges Juan R. Torruella and Kermit V. Lipez hinged on the belief that Jones increased the force he applied to Jennings’ ankle, even after Jennings stopped resisting and warned that he was hurting his previously injured ankle. They relied on the testimony of state police Lt. Darren Delaney as proof that Jones should have slackened his hold when Jennings stopped resisting.
“In light of the circumstances, we hold that a reasonable officer in Jones’ position would have believed that increasing the force with which he restrained Jennings was a violation of Jennings’ constitutional right to be free from excessive force,” the judges said.
The judges found that Torres had erred in granting the state’s request for a summary judgment by failing to view the evidence in a light most favorable to the jury’s verdict — as required.
In addition, the judges concluded that the state, represented by Rebecca Partington, abandoned its right to seek a new trial by not immediately pursuing one. The judges found that Torres wrongly told the state that its motion for a new trial was moot, when in fact Partington should have pursued the matter as protection in case his ruling was overturned, the court found.
In a sharply worded dissenting opinion, Judge Lynch dismissed the judges’ reasoning as “a bit of legal fiction” that relies on assumptions about the jury’s mindset. She notes that the trial court — in this case Torres — holds the ultimate authority in deciding whether to grant Jones qualified immunity, shielding him from liability if he acted reasonably in the course of his job. She argues the majority’s ruling adopted “new
kmulvane@projo.com
By Katie Mulvaney
Journal Staff Writer
A federal appeals court yesterday reinstated a $301,000 jury award to a Narragansett Indian injured when the state police raided a tribal smoke shop in July 2003.
A three-judge panel from the 1st U.S. Circuit Court of Appeals ruled that Trooper Kenneth Jones violated Adam Jennings’ constitutional rights when he twisted his ankle until it broke during the July 14, 2003, raid.
State and local police raided the roadside shop in Charlestown at Governor Carcieri’s order to stop the tribe from illegally selling cigarettes without charging Rhode Island tax. Jennings was working inside the shop when officers arrived. His ankle was broken when Jones tried to subdue him after he allegedly resisted arrest.
Jennings, his mother, Paulla Dove Jennings, and fellow shop worker Keith Huertas filed a civil suit accusing Jones and six other state troopers of using excessive force and violating their civil rights.
A jury found that Jones used excessive force and awarded Jennings $301,000 in compensatory damages after a five-day civil trial in U.S. District Court in March 2005. The jurors ruled in favor of two other officers; claims against the remaining troopers were dismissed.
But then-Chief U.S. District Judge Ernest C. Torres overturned the verdict, finding that as a police officer Jones was afforded a “wide zone of protection” from claims occurring in the line of duty as long as he acted reasonably.
Yesterday’s decision vacates Torres’ ruling and reinstates the $301,000 award.
The attorney general’s office was reviewing the 111-page ruling, 48 pages of which are a dissent by Judge Sandra L. Lynch, late yesterday afternoon. Lawyers there were considering their options, including requesting a review before the full appeals court, said Michael J. Healey, spokesman for Attorney General Patrick C. Lynch.
“Our view, obviously, is that Trooper Jones shouldn’t be held liable, we believe, because he was doing his job,” Healey said.
State Police Maj. Steven O’Donnell said last night that the state would petition for a full court review. Jones currently works out of the Lincoln barracks.
Jennings’ mother was elated when reached at the family’s home in Richmond.
“At least this will give him a sense that there is a creator looking out for his children,” she said. His ankle, which was first broken 16 months before the confrontation, still hurts after he stands on it for a long time, she said.
Jennings was working as a dealer at Foxwoods Resort Casino and could not be reached for comment. His lawyer, Michael Bradley, said simply: “I’m going to Disney.”
The ruling by Judges Juan R. Torruella and Kermit V. Lipez hinged on the belief that Jones increased the force he applied to Jennings’ ankle, even after Jennings stopped resisting and warned that he was hurting his previously injured ankle. They relied on the testimony of state police Lt. Darren Delaney as proof that Jones should have slackened his hold when Jennings stopped resisting.
“In light of the circumstances, we hold that a reasonable officer in Jones’ position would have believed that increasing the force with which he restrained Jennings was a violation of Jennings’ constitutional right to be free from excessive force,” the judges said.
The judges found that Torres had erred in granting the state’s request for a summary judgment by failing to view the evidence in a light most favorable to the jury’s verdict — as required.
In addition, the judges concluded that the state, represented by Rebecca Partington, abandoned its right to seek a new trial by not immediately pursuing one. The judges found that Torres wrongly told the state that its motion for a new trial was moot, when in fact Partington should have pursued the matter as protection in case his ruling was overturned, the court found.
In a sharply worded dissenting opinion, Judge Lynch dismissed the judges’ reasoning as “a bit of legal fiction” that relies on assumptions about the jury’s mindset. She notes that the trial court — in this case Torres — holds the ultimate authority in deciding whether to grant Jones qualified immunity, shielding him from liability if he acted reasonably in the course of his job. She argues the majority’s ruling adopted “new
kmulvane@projo.com