Civil Rights and Defamation Case Resolved:
Two days after Judge Tauro invited the parties to discuss the settlement if they could "do business around $1.2 million," a confidential settlement agreement was reached in the United States District Court for the District of Massachusetts in Boston. We cannot disclose the terms of the settlement but our clients feel quite pleased with the outcome. (Ferreira, et al v. Town of Rehoboth, et al, No. 1:08-cv-11667-JLT, July 2011).

Settlement Reached With Town of Johnston Ending Civil Rights Violation and Mandamus Claims:
We are pleased to report that Charda Properties and the Town of Johnston have reached a detailed agreement, settling and bringing to a conclusion state mandamus and federal civil rights litigation that we commenced against the Town and several of its former officials. A complete pdf copy of the actual Agreement for Judgment as entered by the United States District Court appears on our Blog.

This concludes litigation in which the state Superior Court ruled in our client's favor and directed that a writ of mandamus issue, compelling the Town to issue permits for a 144 unit condominium deveopment with affordable housing components. The Town appealed to the State Supreme Court and our client filed a civil rights violation action against the Town and several of its official in the United States District Court. After numerous depositions were taken, the parties began serious, lengthy and ultimately successful settlement negotiations. Shortly before the negotiations were finalized, the state Supreme Court dismissed the Town's appeal. But with cooperation by the parties and their lawyers the Agreement for Judgment was finalized.

The material points of the settlement will allow our client to change its proposal from a project that included affordable units to one that will be a more upscale, gated community without affordable components. All other waiver and zoning issues are addressed and in the event of inspection disputes an independent engineer will resolve any such issues. The Town will reimburse our client its legal fees and expenses ($150,000) over a 10 year period and the increased property taxes and fact that the gated community will provide many of its own services (such as snow plowing) should make this a "win-win" situation for both our client and the Town's taxpayers. (Posting revised, 2/23/09).

Settlements: The Town of Seekonk has agreed to settle two (2) more civil rights cases brought against it and arising from the lengthy history of actions taken to thwart H. Charles Tapalian from being allowed to develop property in Town. This will bring "legal peace" between Mr. Tapalian and the Town for the first time in more than fifteen (15) years. We hope these improved relations signal a permanent change in the way that certain public officials have misbehaved. The settlement follows shortly after a recent decision by United States District Court Judge Gorton, overruling the Town's objections and ordering that the Town's former Town Solicitor would be required to testify about his advice during certain "Executive Sessions" of the Seekonk Board of Selectmen. (April, 2007)

Civil Rights Action Against 'Out of Control' Building Inspector Results in $175,000 Settlement:
Our clients had more than 30 years of extensive commercial and residential construction experience when they agreed to do some work for a homeowner who apparently had different political ties and some history of conflict with the Town of Swansea's then building inspector, Clinton Watkinson. As the project began, Watkinson made things extremely difficult and became more and more irrational as he was questioned about his ever-changing directives. The building official began remarking that he would "never" give our clients any more building permits in Swansea. He issued trumped-up "cease and desist" orders, at one point claiming that our clients were doing at a Swansea jobsite when in fact they had been working on a large Rhode Island project and had not done anything in Swansea for weeks. Ultimately, the State issued a permit for the original project and It became generally known that our clients would have difficulty getting any permits in Swansea. So we initiated a civil rights lawsuit on their behalf in the United States District Court in Boston, naming Watkinson and (due to his status as a decision-maker) the Town as well. Within three months of filing the suit, Watkinson "retired". During the ensuing 3 years, our clients' relationship with new Town officials has been immensely improved. The case proceeded and proceeded to mediation after Senior Judge Morris Lasker completely denied extensive and creative motions by the defense to dismiss our claims. Mediation sessions with Magistrate Judge Judith Dein took place on two occasions, resulting in a $175,000 settlement. REBS, Inc, et al v. Clinton Watkinson, et al, C.A. No. 02-12188 MEL (settled, September 20, 2006).

United States Court of Appeals Upholds Civil Rights Verdict in Tapalian v. Tusino:
The United States Court of Appeals for the First Circuit upheld our jury verdict for compensatory and punitive damages as well as attorney fees in this published decision. With the able assistance of appellate counsel we confirmed that we had established all the elements necessary to prove that the Seekonk Superintendent of Public Works violated our client's civil rights (see trial report below). This quickly became an often-quoted decision in this circuit. Tapalian v. Tusino, 377 F.3d 1.

Boston Jury Finds that Seekonk Public Works Director Violated Plaintiff's Civil Rights:
The defendant Public Works Director of Seekonk, Massachusetts, was shown to have solicited female "favors" in exchange for favorable treatment. When his requests that our client help him in that way were rejected, he made life difficult for the plaintiff. He made our client do things that no other developer, contractor, or even the Town itself had to do when resurfacing a roadway. A United States District Court jury in Boston found that this constituted a violation of our client's civil rights. It awarded all of our client's extra out-of-pocket expenses, plus $150,000 of punitive damages. The trial judge (Saris) added costs and attorney fees. The defendant appealed and there were numerous daily trial reports in the Massachusetts edition of the Providence Journal. Tapalian v. Tusino, No. 00-2389 PBS.

Rhode Island Decisions Limiting Right to Bring Loss of "Sentimental" Elements of Loss of Consortium to Husbands Found Unconstitutional by United States District Court Magistrate:
For years the Rhode Island courts allowed a husband to make claims for the loss of his wife's "consortium" (her society, companionship, and other things called "sentimental" resulting from injuries suffered in an accident in the cases decided to this point in time). On the other hand, they made no provision that would allow a wife to claim the loss "sentimental" consortium when her husband was injured or killed in an accident. John Reilly argued that this violated equal protection under that federal constitution. Magistrate Hagopian of the United States District Court for the District of Rhode Island agreed, finding that sex-based classifications are inherently suspect and holding that "both partners have equal rights, under law, in the marriage relationship and both are entitled to equal protection". The defense (represented by a distinguished lawyer who later became a Magistrate-Judge of the same court) did not appeal. After the release of Magistrate Hagopian's memorandum, the Rhode Island General Assembly passed a new law, remedying the situation that had for so long gone unchallenged, giving wives the equal, corresponding right to bring such actions. The decision and memorandum were issued in the matter of Craig and Theresa Dhalquist v. Rapat Corporation, C.A. 79-0505, on September 18, 1981. Copies of this unpublished decision are available from John Reilly & Associates upon request.

Provided Assistance in Estate's Wrongful Death Action for Shooting Death of Mother Who Was a Passenger in an Improperly-Stopped Automobile by Providence Police Officer Without Any Reason or Provocation: Provided research, witness preparation and some trial assistance to Attorneys John A. O'Neill, Jr. and John Kelley in a wrongful death action brought by Leo Choiniere, Administrator on behalf of himself, his children and the estate of his deceased wife, resulting in the highest Rhode Island state court jury verdict to that time in a jury case of this type. The Warwick Police Department initiated a high-speed chase that led them north on Route 95 into Providence. The Providence Police Department spotted an automobile that was of a similar description to the automobile Warwick Police were seeking. Providence police stopped the Choiniere vehicle and surrounded it with marked patrol cars. Leo Choiniere opened his driver's door and gave the first officer on the scene his license and registration. His wife was seated in the passenger seat and their two young children were in the back seat. The first officer went back to his patrol car and used his radio, describing the car that had been stopped, its occupants, and trying to find out if this was actually the vehicle that Warwick police had been chasing. While this radio check was being made, Officer Martin of the Providence Police arrived at the scene. In cowboy-like fashion, he strode to the driver's door of the Choiniere vehicle, drew his sidearm with his right hand (it had a "hair trigger"), and while still holding the firearm in that hand reached into the car and stated, "I'll get him out of the car". Martin put his left hand on Mr. Choiniere's left wrist and (still brandishing his gun) put his right hand over Mr. Choiniere's right shoulder. Martin began pulling Mr. Choiniere and Mrs. Choiniere turned toward her left, watching in amazement. As Martin applied more force, his trigger finger also moved and his sidearm went off. A bullet pierced Mrs. Choinier's upper left torso and exited through her lower right back while her children screamed in horror.

Mrs. Choiniere was quickly removed from the car but lay bleeding and dying on the grassy embankment of the highway. Mr. Choiniere was held by two other Providence officers while Martin replaced his sidearm in its holster. Captain Russell See of the Providence Police Department arrived on the scene and became the ranking officer there. Officer Martin, shaken, approached See and reported that he had just shot a woman. See replied, "never mind that, get this driver in for a breathalyzer test." Mrs. Choiniere died that night. Mr. Choiniere was taken into custody but later released as Warwick officers indicated his was not the car they were chasing. The Choiniere children spent most of the night at the Providence Police station in the custody of a matron. With those facts, the jury responded as one would expect.