PROVIDENCE — An orthopedic surgeon told jurors yesterday that the Narragansett Indian whose ankle was broken during a state police raid on a tribal smoke shop suffered some permanent loss of motion from the injury.

Dr. Stephen Gross testified in the second day in the retrial of the civil suit brought by tribal member Adam Jennings against state Trooper Kenneth Jones. Jennings accuses Jones of violating his civil rights by using excessive force when he twisted Jennings’ ankle until it broke while officers placed him under arrest.

Gross saw Jennings July 15, 2003, the day after state police executed a search warrant to stop the Narragansetts from selling tax-free cigarettes from the roadside shop in Charlestown. A “twisting stress,” Gross said, led to the ankle being fractured in two places.

Gross, who practices in Westerly, had treated Jennings a year earlier when he broke his ankle falling down the stairs at home, Gross said. But, there was no relation between the 2002 and 2003 injuries, which were in different parts of the ankle, he said. The previous break, he said, did not put Jennings at greater risk of injury such as the fractures that resulted from the altercation.

He placed Jennings in a cast for about four weeks and charged him $1,000 to $1,100 for treatment, he said.

State police executed the warrant on the shop at Governor Carcieri’s orders. The raid erupted into a confrontation that left eight people injured, including Jennings, and eight tribal members, also including Jennings, facing misdemeanor charges.

Jennings, his mother and another shop worker filed suit shortly after the incident, accusing state troopers of violating their civil rights.

A jury in 2005 found that Jones used excessive force and battery when he twisted Jennings’ ankle during his arrest. The jury awarded Jennings $301,000.

U.S. District Judge Ernest C. Torres overturned that verdict, but the federal appeals court ruled in Jennings’ favor, sending the case back to Torres to consider motions he did not rule on in 2005.

In May, Torres granted the state’s motion for a new trial. In ruling, he wrote that the state police testimony proved more believable than that of defense witnesses and Jennings during the 2005 trial.

Chief U.S. District Judge Mary M. Lisi is presiding over the retrial.

Detective Kenneth Bell returned to the stand yesterday, telling the jury that Jennings swore at and acted threatening toward troopers as they entered the smoke shop. He said he told Jennings to leave the shop and then asked another officer to “cuff him” as he moved toward the door. Jennings, he said, then backed into the corner, flailing his arms and kicking.

Under questioning by Jennings’ lawyer, Michael Bradley, Bell admitted he wrote in a deposition that he wanted Jennings to get out the door before he became a problem. He also said Jennings never took an “aggressive stance” toward him and agreed that Jennings did not begin kicking until he said “cuff him.”

In addition, Sgt. Wilfred K. Hill took the stand, telling jurors that he saw Jennings deliberately slap or brush Bell’s hand away. He said his task during Jennings’ arrest was securing one of his arms after he had backed into the corner with his fists at his waist. Jennings was still resisting, he said, when he handed his wrist to another officer to handcuff. He was concerned about Jennings’s hands being underneath his body because he might have a gun, knife or razor, he said.

Bradley questioned why Hill would have stood up, put his hat on and walked away, as seen in video, if he was so concerned. A 16-year veteran of the force, Hill testified he moved away to give the officers more space.

“He was still being combative as far as being handcuffed,” Hill said. In addition, Hill said he did not see any officers on Jennings’s back or pushing his face into the floor during the arrest.

Jurors also heard from Daniel Piccoli, a Warwick man who was waiting for a delivery of Marlboro cigarettes to arrive the day of the raid. From outside the shop, he said, he saw Jennings face down on the floor with police officers around him.

“They were all on top of him,” Piccoli said. He said he saw Jones holding Jennings’ foot as Jennings told him “watch out you’re gonna break my ankle.”

A criminal trial against seven Narragansetts — including Jennings — that stemmed from the raid ended in April with a split verdict on the misdemeanor charges. Jennings was found not guilty of resisting arrest and disorderly conduct.

kmulvane@projo.com