Civil Rights Lawsuit on Behalf of Wrongfully Terminated Newport ROC Member
Filed Civil Rights lawsuit in Federal Court concerning the wrongful termination of a member of Newport's Retired Officer Corps for violation of client's First Amendment Speech rights and Fifth Amendment Due Process Rights. Client was among the most decorated officers with the police department while he was an active duty police officer. Client had no negative marks with the department since becoming a member of Newport's Retired Officer Corps. Client owns a local restaurant, which was the victim of statewide fraud. Client reported the fraud to the Newport Police Department. Approximately a month and a half later, Client was asked by the Office of the Rhode Island Attorney General to speak at a press conference warning the public about the fraud. Shortly after Client was summarily dismissed from the Retired Officer Corps.
Article from Newport Daily News below:
Dismissal of Three Count Domestic Complaint
Obtained Dismissal of three count domestic complaint alleging domestic vandalism, domestic disorderly conduct andf domestic refusal to relinquish the telephone in an emergency. These charges could have resulted in a maximum sentence of over two years in prison with the mandatory condition of batter's intervention counseling. Through diligent efforts of counsel, all charges were dismissed without condition. Counsel was able to obtain expungement of all court records concerning the charges.
Dismissal of Felony Breaking and Entering Charges
Obtained dismissal of felony Breaking and Entering charges. Charges could have resulted in a maximum sentence of 10 years imprisonment and a $500 fine. Through multiple conferences with the Office of the Attorney General, counsel was able to reduce the charges to misdemeanor Trespass. Subsequently, counsel was able to obtain a dismissal of the Trespass charges. Counsel was able to obtain an immediate expungement of all court records concerning the incident.
Dismissal of Charge of Refusal to Submit to Chemical Test for Violation of Client's Fourth Amendment Rights
Obtained dismissal of charges for Refusal to Submit to Chemical Test. Client was arrested and charged with Refusal to Submit to a Chemical Test after police observed his car parked on the side of the road. When police returned to the car for a check condition of the operator, client had already pulled away from the side of the road and resumed driving the vehicle. Police followed client for approximately three miles, but noted no driving infractions or evidence of criminal conduct. Police pulled over clients vehicle and made observations consistent with alcohol consumption. Police arrested client for suspicion of driving under the influence and requested client submit to chemical breath test, which client refused. Counsel successfully argued before the Rhode Island Traffic Tribunal that police could not take advantage of community caretaker exception where vehicle had already pulled away. Accordingly, police had no right to effect stop without making independent observations of driving infractions. Case was dismissed.