News & Commentary

In an important victory for vigorous advocacy by civil rights attorneys, the U.S. Court of Appeals in Boston today reversed District Court Judge Mary Lisi’s sanctions on attorneys in the Cornel Young, Jr. civil rights case for allegedly misrepresenting the judge’s position in court papers. The Rhode Island ACLU had filed a “friend of the court” brief in support of the attorneys. The brief, filed by volunteer attorney Amy R. Tabor, had argued that Judge Lisi’s actions “not only violated the due process and First Amendment rights of both the plaintiff and her attorneys, but will, if not reversed, chill and undermine the independent and vigorous advocacy that is an indispensable component of our system of justice.”

A study released this week by Northeastern University researchers shows that African-American and Hispanic drivers in Rhode Island continue to be subjected to disparate treatment by law enforcement, prompting concern from the ACLU and others in the civil rights community.

The R.I. ACLU today announced the settlement of its racial profiling lawsuit against the Scituate Police Department in a case in which the ACLU alleged that Pawtucket resident Jean Philippe Barros, a person of Cape Verdean descent, was the victim of racial profiling when he was stopped, questioned and ticketed. Without acknowledging any wrongdoing, the Town has agreed to pay Barros $10,500. Last October, a federal jury cleared the police, but the ACLU appealed, challenging significant restrictions on the evidence that the judge allowed the jury to consider. As a result of the settlement, the appeal is being dismissed.

A federal judge has rejected efforts by the Scituate Police Department to dismiss a racial profiling lawsuit filed by the ACLU of Rhode Island on behalf of Pawtucket resident Jean Philippe Barros, a person of Cape Verdean descent. As a result, the case can proceed to trial.

Ruling from the bench today, U.S. District Judge William Smith issued a favorable decision in the ACLU’s discrimination lawsuit against the Town of North Smithfield and its plans to hire en masse 21 white males for the Town’s new fire department. Last August, Judge Smith issued a temporary restraining order barring the hiring from taking place. The ACLU’s lawsuit, handled by volunteer attorneys Lynette Labinger and John Dineen, is on behalf of Christine Melendez, who had been prevented from applying for a firefighter position because of the Town’s plans.

The U.S. Court of Appeals in Boston today rejected the ACLU’s appeal of a racial profiling lawsuit brought on behalf of a 53-year-old African-American resident of Hopkinton, Bernard Flowers, who was stopped in his car and detained at gunpoint by Westerly police in 2000. By a 2-1 vote, the court, while calling it “a close case,” said that Westerly police had “reasonable suspicion” when they pulled Flowers over. The appeal was handled by ACLU volunteer attorney Thomas G. Briody.

The ACLU of Rhode Island joined with civil rights groups today to formally announce the introduction of comprehensive legislation in the General Assembly to address the widespread documented problem of racial profiling by police in traffic stops. The legislation, being sponsored by Rep. Joseph Almeida and Sen. Rhoda Perry, is the community’s formal response to a Northeastern University study released last summer which showed that the majority of police departments in the state routinely stopped black and Hispanic drivers for traffic violations much more often than whites, and searched their cars much more often as well, even though whites were more likely to be found with contraband when a search was conducted.

In a brief filed in the R.I. Supreme Court today, the ACLU of Rhode Island is challenging the Providence Police Department’s efforts to avoid any liability for its admitted contemptuous behavior for almost two years in failing to comply with both the state’s racial profiling law and court orders that had found the Police Department in contempt for non-compliance with that law.

Calling the decision “deeply disappointing,” the ACLU announced that U.S. District Court Judge Mary Lisi had today denied the organization’s request to submit a friend of the court brief to address the issue of imposing sanctions on the three attorneys in the Cornel Young, Jr. civil rights case. They are facing sanctions for allegedly misrepresenting the judge’s position in court papers.