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R.I. state trooper cleared in smoke-shop raid appeal

6:27 PM Thu, Nov 19, 2009 |
Maria Armental    Email

BOSTON, Mass. -- A federal appeals court Thursday upheld a lower court decision clearing a Rhode Island State Police trooper of wrongdoing in connection to a 2003 raid on Narragansett tribal land.

Adam Jennings, an employee of the tribe's smoke shop in Charlestown, charged that Trooper Kenneth Jones had used excessive force during the July 14, 2003, raid by twisting his ankle until it broke.

Jones said he maintained his grip because Jennings continued to resist as troopers, with a court-authorized search warrant, sought evidence that the smoke shop was selling tax-free cigarettes.

In 2005, a federal jury found Jones used excessive force and awarded $301,000 to Jennings in damages.

That verdict was later overturned on grounds Jones was protected by qualified immunity, which shields officers from liability when they act reasonably while doing their jobs, and that Jennings' increased force argument was "plainly contradicted by other evidence."

The court of appeals later reinstated the jury's verdict but sent the case back to federal District Court Judge Ernest C. Torres to consider motions for a new trial.

A federal jury ruled in Jones' favor after the second trial, and Jennings appealed.

"Today's decision confirms what we have known all along," Rhode Island state Attorney General Patrick C. Lynch said in a news release, "which is that Judge Torres was right in 2008 when he ruled that Trooper Jones was entitled to a new trial because Adam Jennings and his witnesses were not credible, and that testimony presented by members of the Rhode Island State Police was more consistent with other evidence that was presented at trial."

"The troopers who responded that day acted with the utmost professionalism in fulfilling their duties under extremely challenging circumstances," Lynch said. "With today's decision, a long and winding trail of litigation is over and Trooper Jones is exonerated, once and for all."

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Comments

FEDUP said:

GREAT NEWS TO HEAR. THE STATE POLICE HAVE A DANGEROUS JOB AND DESERVE A LOT OF CREDIT FOR THE GREAT JOB THEY DO FOR THE STATE OF RHODE ISLAND. WE ARE LUCKY TO HAVE THEM PROTECTING THE STATE OF RHODE ISLAND. THANK YOU R.I. STATE POLICE. KEEP UP THE GOOD WORK.



bc said:

of course what else is new. like old saying the pigs get away with anything they want



Anonymous said:

Obviusly anyone who believes this judgement is just has never watched the videos that were brodcast on the NEWS in the aftermath of this raid. Also, if the State Police had headed the instructions of the Governor none of this would have happened. They disobayed a direct order from the Gov. to withdraw if things started to go the way they did. But the Police decided that they were going to resort to over reaction and abuse and caused this mans pain and suffering and should pay. The Governor should be ashamed of himself because he refused to testify at any of these trials or to repeat what he had already stated to reporters on T.V. But what do you expect from an arrogant slimeball like him.



Annonymous said:

Regardless of my previous comment. I would like to say that I have to utmost respect for anyone who puts on the Uniform of Policeman, Fireman, or the military. But there are a certain 1% of the people in these jobs that feel they are above the law or can do as they please and our elected officials and the unions and the courts support this mentality byt siding with them it is disgusting, and one of the reasons I no longer live in RI.



Concerned said:

I guess the handouts and benefits we give to Jennings and the rest of the Narragansetts wasn't enough. Now, I guess they will have to figure out another way to scam the government for money!



Joe Anderson said:

I am usually for the police in these cases, but not here. The police went in looking for a fight, and the video and photos show what went down. Either they had no clear plan on their delivery method, the commander lost control, or it was a free for all. Any way you look at it, the police went over board. Rodney King, okay, I can buy that. Defenseless old smoke shop people, not going anywhere in the middle of the day with a swat team on hand? Please.




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