Federal Appeals Court Judge Rules for New Trial for Black Providence Police Officer Killed by Friendly Fire
Friday, April 22, 2005 at 03:30PM
TheSpook
A federal appeals court Monday said a
jury should hear civil rights claims against the city of Providence for
the friendly fire death of a black police officer, overturning a
judge's decision to dismiss the case. The 1st U.S. Circuit Court of
Appeals in Boston said that U.S. District Judge Mary Lisi should have
allowed a jury to decide if the city was responsible for poorly
training a police officer involved in the shooting death of Sgt. Cornel
Young Jr. Young was off-duty and in plain clothes when he tried to
assist fellow officers with a disturbance outside a diner on Jan. 28,
2000. Two white police officers, supervisor Carlos Saraiva and rookie
officer Michael Solitro, mistook Young for a suspect and fatally shot
him after he failed to drop his weapon. In November 2003, Lisi threw
out the lawsuit filed by Young's mother, Leisa Young, rejecting the
lawsuit's contention that the police department's deficient hiring and
training contributed to Young's death. The appeals court found that
Lisi was wrong to have taken the case away from the jury, saying a jury
could find that the police department should have known such a shooting
was a "predictable consequence" of its failure to train how on- and
off-duty officers should interact. Solitro and Saraiva were cleared by a state grand jury of any criminal
wrongdoing. They also were cleared of federal civil-rights violations
by the U.S. Attorney's Office. In the lawsuit, Young's mother had
sought $20 million in damages, claiming that haphazard training and
hiring by the department led to her son's death. In the first phase of
the trial, the all-white jury decided that Solitro, an eight-day
rookie, violated Young's civil rights, but Saraiva did not. The appeals
court affirmed those findings, and also let stand Lisi's decision to
dismiss Leisa Young's claims regarding hiring, the training of both
Saraiva and her son, and supervisors' disciplining of Saraiva. [more] and [more]
Pictured above: He was the first
African American officer in the State of Rhode Island to have been
killed in the line of duty, and the only known officer to have died as
the result of "friendly fire". [more]
Article originally appeared on (http://brownwatch.com/).
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