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Discrimination Court Cases
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Equality for all is one of the basic foundations of the United States, and the Rhode Island Affiliate strives to protect that right by fighting discrimination in the courtroom to ensure that all people are treated justly, no matter their race, sex, sexual orientation, economic status, disability, or any other protected status.
Narragansett Indian Tribe v. State of Rhode Island. (2003-2006)
INDIAN RIGHTS. “Friend of the court” brief challenging on various grounds the legality of a state police raid of a smoke shop on Narragansett Indian tribal land. The Court upheld the state’s actions in 2004, but the appeals court reversed in part in 2005. The full appellate court then upheld the district court’s initial ruling, and a petition for review to the U.S. Supreme Court was denied. National ACLU Attorney: Stephen Pevar
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Barros v. Town of Scituate. (2003-2005)
RACIAL PROFILING. Federal lawsuit challenging two separate incidents of racial profiling in which the plaintiff was stopped, questioned and, in one instance, improperly ticketed by Scituate police. A jury ruled for the officer in 2004, and while an appeal was pending, the case was favorably settled. Cooperating Attorney: Thomas G. Briody
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Melendez v. Town of North Smithfield. (2003-2005)
SEX DISCRIMINATION/RACE DISCRIMINATION. Federal lawsuit, on behalf of a female Hispanic firefighter applicant, challenging a state law giving a town a one-time exemption from the Fair Employment Practices Act in order to allow its acquisition of an all-white, all-male private fire and rescue service. After a temporary restraining order was issued in 2003, the Court permanently barred the Town from implementing the takeover in 2004. Attorneys fees were awarded in 2005. Cooperating Attorneys: Lynette Labinger, John W. Dineen
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ACLU v. Providence Police Department. (2001-2007)
RACIAL PROFILING. Lawsuit challenging the Providence Police Department’s failure to comply with the state’s “Driving While Black” law which requires police to collect data on all traffic stops for the purpose of determining whether racial profiling is occurring. Comprehensive court orders requiring independent monitoring of the agency, at its expense, were entered. A contempt finding against the Department for non-compliance with those orders was issued in 2002, and the City appealed. The case was remanded to the lower court for further consideration. After lengthy negotiations, the matter was settled with an award of attorneys’ fees. Cooperating Attorney: Carolyn A. Mannis
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Flowers v. Fiore. (2001-2004)
RACIAL PROFILING. Federal lawsuit on behalf of an African-American man who was stopped in his car and detained at gunpoint by Westerly police in a case of “racial profiling.” The suit sought declaratory relief and compensatory and punitive damages.The lower court dismissed the suit, and the appellate court affirmed the dismissal. Cooperating Attorney: Thomas G. Briody
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Discrimination Cases Over the Years
Highlights from court cases since the early 1970s in each of the areas below:
Providence, RI 02903