Michael Bradley, who represented Jennings in the 2005 trial, also found the decision troubling.

New trial can be granted under narrow circumstances, he said, but “when a judge takes away a jury’s verdict based on an assessment of credibility then he is in danger of substituting his opinion for that of a jury.”

“The case law is pretty dead set against judges doing that,” Bradley said.

State police executed a search warrant on the shop on tribal land in Charlestown on July 14, 2003, to stop the Narragansetts from selling cigarettes without charging Rhode Island taxes. The raid erupted into a violent confrontation in which eight tribal members, including Jennings, were arrested.

Jennings, his mother and another shop worker sued former state police Col. Stephen M. Pare and seven other state troopers, accusing them of violating their civil rights and using excessive force during the raid.

Most of the claims were dismissed during the trial before Torres in U.S. District Court, but the 10-member jury concluded after deliberating five hours that Trooper Jones used excessive force and battery when he twisted Jennings’ ankle until it broke while placing him under arrest.

At the trial Jennings testified that Jones continued to twist his ankle, and even increased his force, after Jennings stopped struggling. Jones, an 11-year veteran of the force, said he maintained his grip because Jennings continued to resist, but did not elevate his force.
Jones said he was using an "ankle turn hold" technique taught at the state police training academy.

The jury awarded Jennings $301,000.

Torres overturned that verdict, finding that Jones was protected by qualified immunity that shields officers from liability when they act reasonably or believe they are doing so while doing their jobs.

Jennings appealed to the 1st U.S. Circuit Court of Appeals. A three-judge appeals panel reinstated the jury’s verdict in March 2007. That decision was affirmed by the full court in August, when it declined to review the case but sent it back to Torres to consider motions for a new trial that he did not rule on after the 2005 trial.

The state sought U.S. Supreme Court’s review. The high court declined to take the case in February, sending it back to Torres for a ruling on motions for a new trial and a reduction in the jury award that were argued soon after the trial, said Michael J. Healey, spokesman for the attorney general.

In Tuesday’s decision, Torres said it was not clear if the jury based its verdict on the belief that Jones increased his force after Jennings was stopped struggling.

“Even if it were possible to say that the jury’s verdict was based on a finding that Jones increased the force applied in utilizing the `ankle turn control technique’ after Jennings had been subdued, Jones’ motion for a new trial should be granted because, in this Court’s opinion, such a finding would have been contrary to the clear weight of credible evidence,” Torres wrote.

“In short, the weight of credible evidence supports Jones’ testimony that he maintained his hold on Jennings’ ankle because Jennings continued to resist but that he did not increase the force being exerted,” Torres said.

Jennings was among seven Narragansetts tried over six weeks this winter in Providence County Superior Court for misdemeanor charges related to the raid. A jury found him not guilty of disorderly conduct and resisting arrest following the six-week trial. Three others were also exonerated.

The jury found Chief Sachem Matthew Thomas guilty of assaulting a trooper. Two others were convicted of crimes.