PROVIDENCE -- Chief U.S. District Judge Ernest C. Torres
yesterday overturned a jury's verdict that a state trooper used
unreasonable force when he twisted a shop worker's leg during a raid on
the Narragansett Indian smoke shop two summers ago.
Torres' decision vindicated Trooper Kenneth Jones and erased the
$301,100 in damages awarded to Adam Jennings, a Narragansett Indian
whose ankle was broken during the July 14, 2003, raid.
"This is not a case in which a police officer gratuitously used physical
force under circumstances that did not justify the use of force. Nor is
this a case in which the police officer acted as a self-appointed judge,
jury and executioner meting out his own version of corporal punishment
for some perceived violation or affront," Torres wrote in the 31-page
ruling.
"Rather, this is a case in which the plaintiff's own conduct in
resisting arrest justified the use of physical force and force was
applied, solely, for the purpose of subduing him," he continued.
In a widely televised confrontation, state police raided the
Narragansett smoke shop in Charlestown two days after the tribe began
selling tax-free cigarettes against the state's wishes.
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 in executing a
state search warrant on the roadside store. Jennings claimed Jones
twisted his ankle until it broke.
In March, a federal jury concluded after a five-day civil trial that
Jones used excessive force and battery when he twisted Jennings' ankle
while placing him under arrest. The 10 jurors ruled in favor of two
other troopers; most of the suit's other claims had previously been
dismissed.
The state sought a new trial and a reduction in the award following the
verdict. Lawyers Rebecca Partington and Amy Coleman argued that Jones
had qualified immunity, which shields officers from liability when they
act reasonably in doing their jobs.
Torres agreed. The judge found that though the public has a strong
interest in ensuring that police do not abuse their authority, it has an
equal interest in seeing that officers are not deterred from performing
their duties for fear of liability. Qualified immunity affords an
officer a "wide zone of protection" as long as he acts in a reasonable
manner.
The judge also concluded he had erred in denying the state's motion for
summary judgment at the close of the trial. That decision placed the
jury in the "untenable" position of deciding whether Jones used
excessive force without sufficient evidence "of the applicable standard
for measuring the lawfulness of Jones' conduct," he wrote.
Jennings, represented by Michael Bradley, failed to present any evidence
proving that Jones' actions differed from those any "reasonable" officer
would have used under similar circumstances, Torres wrote. He noted that
Jones did not know whether Jennings was armed.
"Since it is clear that, at least initially, Jennings actively resisted
arrest, the jury's determination, apparently, was based on a finding
that Jones continued to twist Jennings' ankle after Jennings had stopped
resisting and was under control," Torres stated. "This court
respectfully disagrees with that finding because, in my view, the
troopers' testimony that Jennings continued to kick at them and to
actively resist their efforts to pull his hands away from his waistband
was much more credible that the contrary testimony of Jennings, Piccoli
and Monroe." (Dan Piccoli and Domingo Monroe testified for the
plaintiffs.)
Juror Richard Jackvony was not surprised by yesterday's ruling,
"I'm not shocked," said Jackvony, a 30-year-old construction worker.
"Obviously, to us it looked like he used excessive force," he said. He
added that two jurors had been "50-50" about whether Jones had used
excessive force.
In deliberating, the jury played and replayed video clips of the chaotic
moments in which the state police raided the shop on South County Trail.
The footage -- taken by the state police and the tribe -- captured Adam
Jennings' arrest for disorderly conduct and resisting arrest.
"I heard a snap. I heard the guy scream after [his ankle] snapped after
he was cuffed. Maybe I was wrong," Jackvony said.
State officials, meanwhile, praised the decision.
"Judge Torres' ruling plainly states that law enforcement officials, in
general, and Trooper Kenneth Jones, in particular, have a right to use
reasonable force, when warranted, when confronted with a situation such
as existed in the smoke shop case," Attorney General Patrick C. Lynch
said in a news release.
Torres' ruling established that Jones used reasonable force to protect
himself and the officers involved, Lynch said.
Governor Carcieri, who ordered the raid, issued a statement saying he
was gratified by the ruling.
"I have always believed that the state police acted reasonably and
professionally during the course of events on July 14, 2003," he said.
"We feel that today's ruling is vindication for the state and the
troopers who were there doing their duty."
The day after the raid Carcieri directed Col. Steven M. Pare to conduct
an internal investigation into why state police did not follow his
"explicit" instructions to withdraw if they met resistance.
"It looked to me that they met resistance. Why did they not withdraw?"
he said at a July 15 news conference. At least eight people were injured
in the fracas; eight tribal members were arrested.
The internal investigation concluded that the state police "acted
appropriately" with the "lowest level of force."
Maj. Steven O'Donnell said yesterday that the state police were pleased,
but declined further comment.
Bradley, Jennings' lawyer, said simply that he was flabbergasted.
To Paulla Dove Jennings, it appeared to be more of the same.
"This is par for the course. It's typical Rhode Island politics," said
an irate Jennings. "I thought Judge Torres for once would listen to what
the jury said."
She added: "Justice in Rhode Island is for a white man in a business
suit."
Jennings did not comment on whether her son would appeal.
Katie Mulvaney can be reached by e-mail at
kmulvane [at] projo.com or by phone at 277-7417.
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