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 From: DEMI_GOD_@SHAW.CA 
  
 BlankJudge dismisses four charges, keeps excessive force in police brutality 
 case 
  
 Tim Grace 
  
  
 PROVIDENCE 
 Federal District Court Judge William Smith has thrown out three 
 of four civil rights violation charges filed against a Lincoln police 
 officer in connection with the arrest of an East Providence man. 
  
 Jesse Ousley was 17 when, near midnight on August 29, 2000, he 
 was arrested after an altercation with off-duty police Officer Kevin Harty. 
  
 Ousley, who is gay, claimed Harty beat him savagely during a 
 roadside brawl sparked when he stepped in front of Harty€s car. 
 Ousley also alleges five members of the police department -- former 
 Chief William Strain, Lt. Scott Vincenzi and officers Joseph Conti, 
 Wayne Bouthillette and William Carnes -- plotted to cover up Harty€s 
 actions by fabricating evidence, ignoring witness testimony and 
 bringing trumped-up charges of assault and disorderly conduct against him. 
  
 Before filing suit, Ousley offered to settle his case against the town 
 for $1 million, but no cash damages are laid out in the federal suit. 
  
 "The facts, as presented to this court, simply do not rise to 
 the level of a Fourth Amendment violation," Smith wrote in 
 granting three of the town€s four motions to dismiss. 
  
 But one count, charging Harty had acted under color of law and used 
 excessive force during the incident survived the town€s motion to dismiss. 
  
 "This court believes that a reasonable fact finder could conclude 
 that Harty was acting in his capacity as a police officer," Smith wrote. 
 "There are simply too many issues of material fact in dispute to 
 warrant summary judgment. All of the facts involving the onset of 
 the altercation, as well as Harty€s attempt to subdue Ousley by force, 
 his identification of himself to concerned bystanders as a police 
 officer, and his efforts to contact the police are all relevant to the 
 question of Harty€s status that evening, and all are disputed. 
 Summary judgment as to Harty (Count I) is therefore denied." 
  
 Both prosecution and defense have laid out their version 
 of the facts in documents on file at the courthouse. 
  
 On the night of Aug. 29, 2000, Ousley, then 17, was arguing 
 with his 30-year-old boyfriend, Robert Halle, as the couple 
 walked up Woodward Street towards Walker Street in 
 Lincoln, according to the plaintiff's statement of facts. 
  
 Both parties agree that at some point, Ousley walked out 
 into the travel lanes on Walker. 
  
 And just at that moment, Harty, who'd been at a golf tournament 
 during the day and was coming from Gary's Pub in Cumberland, 
 was driving down Walker towards the distraught teen. 
  
 Harty stopped just inches from Ousley, and Ousley then 
 "slapped" the hood of his car with both hands. 
  
 The town€s attorney, Marc DeSisto, claims Ousley said, "go ahead, 
 hit me" after the near collision. But in the statement of facts presented 
 by Ousley€s attorneys Robert and Therese Caron, Harty is said to 
 have gotten out of his car and, after a brief exchange of words, 
 punched Ousley in the face, knocking him to the ground. 
  
 Harty went on to beat and choke the 115-pound Ousley until Halle 
 managed to pull the two apart, according to the plaintiff€s version of 
 events. 
  
 Harty claims it was Ousley who had attacked him, and that 
 he had attempted to restrain Ousley in self-defense. 
  
 Both sides agree Harty went back to his car and called police 
 after the first attack. 
  
 Harty claims he stayed at his car until police arrived a few 
 minutes later, but Ousley€s attorneys say, after seeing Halle 
 comforting his boyfriend at the side of the road, Harty came at 
 Ousley again, cursing and referring to Ousley€s sexual orientation. 
  
 Harty beat and repeatedly choked Ousley before Halle 
 managed to separate the two, the attorneys said. Once 
 freed, Ousley ran toward Harty€s car and kicked the door. 
  
 Reacting to the kick, Harty chased Ousley to a nearby fence 
 and beat him a third time, stopping only when he could hear 
 police sirens in the distance, according to Ousley. At least three 
 witnesses -- two neighbors and a motorist -- dialed 9-1-1, 
 calling for police to break up the fight. 
  
 Once police arrived at the scene, Ousley claims they ignored 
 his injuries and refused to interview witnesses that described 
 the second and third beatings. And, weeks later, after pressing 
 police to investigate, Ousley was charged with assault, disorderly 
 conduct and malicious mischief. 
  
 During his Family Court trial, Ousley was found not to be 
 wayward on the first two charges, but was convicted on the 
 malicious mischief count for kicking Harty€s door. The judge 
 in the family court case also found Harty€s version of events 
 not to be credible, and stated it was Ousley who had been 
 the victim during the altercation. 
  
 The final charge will be set down for a trial date sometime 
 in May according to Smith€s decision. 
  
  
 -- 
  
  
 _____________________________________________________ 
  
  
 I intend to last long enough to put out of business all COck-suckers 
 and other employees of all institutions of the incarceration industry. 
  
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 "The army that will defeat terrorism doesn't wear uniforms, or drive 
 Humvees, or calls in air-strikes. It doesn't have a high command, or 
 high security, or a high budget. The army that can defeat terrorism 
 does battle quietly, clearing minefields and vaccinating children. It 
 undermines military dictatorships and military lobbyists. It subverts 
 sweatshops and special interests.Where people feel powerless, it 
 helps them organize for change, and where people are powerful, it 
 reminds them of their responsibility."   ~~~~ Author Unknown ~~~~ 
 ___________________________________________________ 
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 --- SoupGate-Win32 v1.05 
  * Origin: you cannot sedate... all the things you hate (1:229/2)