The 1st Circuit Court of Appeals heard arguments for a second time in the case of a Rhode Island state trooper who is accused of using excessive force against a member of the Narragansett Tribe.

Adam Jennings was at a tribal smoke shop when it was raided by state troopers on July 14, 2003. His ankle was broken in a scuffle involving Trooper Kenneth Jones.

A jury awarded Jennings $301,000 for excessive force but Judge Ernest C. Torres overturned it. On appeal, the 1st Circuit said Torres erred by concluding that Jones was protected by qualified immunity.

At the same time, the 1st Circuit told Torres to rule on pending motions. He ended up granting the state's motion for a new trial.

The jury sided with Jones after the second trial. Jennings appealed and told the 1st Circuit yesterday that Torres shouldn't have thrown out the first jury award.

Get the Story:
Arguments begin in appeal of dismissal of jury verdict in R.I. smoke shop raid. (The Providence Journal 9/10)

1st Circuit Excessive Force Decision:
Jennings v. Pare (August 17, 2007)

Related Stories:
Narragansett man appeals verdict in raid case (8/27)
Jury sides with trooper in Narragansett raid case (7/29)
Injury at issue in Narragansett smokeshop raid case (7/25)
Doctor testifies in Narragansett smokeshop raid case (7/24)
Narragansett man testifies about smokeshop raid (7/23)
Retrial starts in Narragansett smokeshop raid case (7/22)
Trooper back on trial in Narragansett raid case (7/16)