But District Judge Ernest C. Torres let stand charges of assault and battery and excessive force.

01:00 AM EST on Thursday, March 24, 2005

BY KATIE MULVANEY
Journal Staff Writer

PROVIDENCE -- A federal judge yesterday dismissed civil-rights claims against seven state troopers involved in the raid on the Narragansett Indian smoke shop.

Chief U.S. District Judge Ernest C. Torres ruled the evidence did not show that the plaintiffs had been discriminated against.

"There has been no evidence that these defendants . . . have treated members of the Narragansett tribe any different than they've treated anyone else," Torres said.

But Torres let stand other complaints, including assault and battery and excessive force, against six of the officers.

Torres also found no proof that the police intentionally inflicted emotional distress on the plaintiffs, Narragansett elder Paulla Dove Jennings; her son Adam Jennings; and Keith Huertas, a Pueblo.

The three, who had been working inside the shop the day of the raid, accused the troopers of using excessive force and violating their civil rights in a 23-count suit. A claim against Col. Steven Pare was dropped earlier by stipulated agreement, according to Michael Healey, spokesman for the attorney general's office.

Eight of the original claims remain, including that Trooper Staci Shepherd used excessive force and falsely imprisoned Paulla Dove Jennings by allegedly pushing her into a wall and holding her inside the smoke shop.

Excessive force and false imprisonment claims also stand against Troopers Kenneth Jones, who is accused of twisting Adam Jennings ankle until it broke, and Ken Bell, who allegedly wrestled with Huertas.

In addition, Bell, Jones and Shepherd have been accused of assault and battery along with Cpl. Wilfred Hill, Lt. James Demers and Trooper Kenneth Buoniauto.

Torres removed Cpl. Michelle Kershaw from the case. Kershaw had not been mentioned by the plaintiffs, whose case rested yesterday, the third day of the jury trial.

The judge left open the possibility he would revisit the claims after all evidence was presented.

Following Torres' ruling, the state began its defense by calling Lt. Darren Delaney to the stand. Delaney, an instructor at the state police training academy, told the 10-member jury the troopers had exercised good police work during tense moments inside the shop.

He said troopers receive at least 60 hours of training on compliance techniques and defensive tactics such as those used to control Adam Jennings during the raid. Jennings, he said, was kicking, flailing and being generally assaultive.

"They are taught . . . they have to stay within a level of force that is based on the level of resistance" they face, he said.

Jones was using "reasonable force" by applying a compliance hold on a suspect who was actively resisting arrest, he said. (Jennings was charged with resisting arrest and disorderly conduct.)

Jennings testified Tuesday that Jones twisted his leg harder after he told him it had been previously injured. Jennings' lawyer, Michael Bradley, has argued the ankle was snapped well after Jennings was subdued.

Assistant Attorney General Rebecca Partington called Cpl. Donald Francis Devine Jr. to debunk the plaintiffs' claims that they thought they were being robbed because no badges or warrants were shown.

Devine said he was working undercover inside the shop when Narragansett Chief Sachem Matthew Thomas began directing men outside. "The troopers are on their way," Devine said he overheard.

Moments later, Devine said he announced inside the shop, "Rhode Island State Police, I have a search warrant."

Paulla Dove Jennings, he said, responded "Not in here you don't" and tried to shove him out the door.

Workers inside the shop began swearing and hollering, claiming the state police had no rights on tribal land, he said. At no point did he see Shepherd or Bell touch Paulla Dove Jennings or Huertas, he said.

Kershaw backed up Devine's statements, adding that Bell tried to reason with an extremely agitated Adam Jennings before warning him to leave or risk being arrested.

Kershaw said she did not hear Jennings mention a leg injury. The state resumes its defense today.

State troopers raided the Narragansett smoke shop in Charlestown on July 14, 2003, to stop what the state claimed was the illegal sale of tax-free cigarettes. The tribe argues in a separate case pending in U.S. Court of Appeals, First Circuit, that it is outside the state's taxing authority.