“Good Samaritan” Alleges Assault by S. Kingstown Police in Federal Suit — Names Manni and Moynihan
Saturday, September 02, 2023
Named in the lawsuit is South Kingstown Police Chief Matthew Moynihan. PHOTO: Police Chief's Association of RI FACEBOOK
In a 23-page lawsuit filed in Federal District Court in Providence on Thursday on behalf of Claire Hall, alleges she was unlawfully arrested and physically injured, she was placed in imminent fear for her well-being, she was emotionally damaged, she was embarrassed, humiliated, and unlawfully and wrongfully charged as a criminal.
The suit was filed by Hall’s lawyers, Todd White, a partner, and Amanda Tramonte, an associate, at the Providence-based law firm Adler Pollock & Sheehan.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe suit names South Kingstown Town Manager James Manni and Police Chief Matthew Moynihan, as well as the two responding police officers Matthew White and Anthony Souza.
Previous to joining South Kingstown in 2022, both Manni and Moynihan served in the command staff of the Rhode Island State Police. Manni served as the superintendent and Moynihan as a captain.
Both were tied to controversies about contamination at the state’s largest road project — the 6/10 Project.
https://www.golocalprov.com/news/who-are-the-playerscontamination-at-410-million-6-10-project
Helping Injured High School Student Call His Father
According to Hall’s suit, she was driving on Route 1 on the afternoon of February 9 of this year when she saw two vehicles that appeared to have been in an accident in the Tower Hill Road area.
Hall said she pulled over to help two young men who had crashed.
According to the suit, Hall found the high school student to be disoriented and with a head injury. As 911 had already been called, she asked the 17-year-old if she could help him make a call to let anyone know about the accident and alert them to where EMTs would be taking him for treatment.
"Ms. Hall then offered for [the 17-year-old] to use her cell phone to call his father, whose vehicle he was operating. Ms. Hall took out her own cell phone, handed it to [the 17-year-old] so that he could dial his father. However, due to his physical and emotional condition he was unable to complete this task and therefore, Ms. Hall made the call for him," according to the lawsuit.
"Ms. Hall spoke with [the 17-year-old]’s father, explaining who she was and informing him that his son had been in an accident. Ms. Hall told [the 17-year-old]’s father that his son was 'okay' but had suffered physical injury to his head and leg. Within a few minutes after Ms. Hall had arrived at the accident scene, Officer Souza from the South Kingstown Police Department arrived," states the suit.
Problems Began When the Police Arrived
According to the suit, “Officer Souza was not equipped with a body camera."
Hall alleges that Officer Souza approached the scene in a combative manner, which was "obvious" to her, and the reason for his combativeness was "unknown."
According to the suit, Hall explained who she was to Officer Souza, indicating that she arrived very shortly after the accident had occurred and was there to offer assistance to the two operators.
The 17-year-old's father was still on the line on Hall’s cell phone when Officer Souza approached, at which time Hall said she told the 17-year-old's father that she would "inquire with the officer as to where his son would be transported since the father was traveling from Portsmouth, RI."
The lawsuit described a scenario in which South Kingstown police officers became more and more aggressive.
“Without inquiring into [the 17-year-old]’s medical condition, and despite the fact that the windshield had been shattered by Mr. Limoges’ head, Officer Souza asked [the 17-year-old] to move his vehicle off the highway. Ms. Hall informed Officer Souza that [the 17-year-old] may have suffered head trauma and that he had been unable to contact his father on his own cell phone. Ms. Hall informed Officer Souza that [the 17-year-old]’s father was on Ms. Hall’s cell phone, anxiously awaiting information on where his son was being transported. Officer Souza became more combative, apparently because the accident/traffic scene was not being cleared as quickly as he desired," according to the suit.
“Shortly after Officer Souza’s arrival, a second South Kingstown police officer, Officer Matthew White, arrived at the scene. Unlike Officer Souza, Officer White was wearing an activated body camera. Instead of taking measures to assist the accident victims, speak with [the 17-year-old]’s father, or de-escalate the tension created by Officer Souza, Officer White began to shout at Ms. Hall, demanding that she move her vehicle,” alleges the lawsuit.
“Ms. Hall informed Officer White that [the 17-year-old]’s father (who was on the line on her cell phone) was concerned about the well-being of his son and inquiring about where he would be transported for medical assistance. Ms. Hall interacted with Officer White for slightly more than a minute. during which she was very concerned about the officers’ attempt to have Mr. Limoges operate his vehicle with a head injury,” states the complaint.
Allegations of Assault
“Not knowing what else to do, Ms. Hall offered Officer White her cell phone so that he could speak directly with [the 17-year-old]’s father. After extending her arm to hand Officer White her cell phone, Officer White lunged at Ms. Hall with both hands. Ms. Hall did not know what was happening and why Officer White had his hands on her body," states the lawsuit.
“Ms. Hall was assaulted, restrained, forcefully thrown to the ground, and had a knee placed on her body before she was handcuffed. Ms. Hall endured bodily injury (including injury to her shoulders, teeth, breasts, and bladder), psychological damage, emotional distress, embarrassment, humiliation, and loss of bodily functions. Ms. Hall cried out in pain and asked the officers to let her move her arms informing them of her previously dislocated shoulder. Officer White responded, ‘Well, rescue can look at you,’” alleges the lawsuit.
“When Ms. Hall was on the ground she asked why she was being arrested because she had not broken any laws. Officer White responded that it was because she wasn’t ‘listening’ to him,” according to the lawsuit.
“Ms. Hall was pushed forward down Rt. 1 while in handcuffs in front of passing vehicles to Officer White’s police cruiser. Ms. Hall was placed in the back of Officer White’s police cruiser, which was the least traffic-protected vehicle at the time. Upon placing Ms. Hall in the police cruiser, Officer Souza took Ms. Hall’s cell phone from her and hung up on [the 17-year-old]’ s father who was waiting to know where his son was to be transported for medical assistance. Ms. Hall was then locked in the back of Officer White’s police cruiser for approximately twenty minutes before she was subsequently transported by Officer White to the South Kingstown police station. Ms. Hall’s vehicle was eventually towed from the scene with her wallet still inside of it,” states the lawsuit.
Life Will Be Ruined. Body Cam Intentionally Turned Off
“While being transported in the police cruiser by Officer White, Ms. Hall was told by Officer White that he had stopped recording with his body camera. Ms. Hall interpreted that statement as an attempt to intimidate her by letting her know that what occurred from this point in time could no longer be corroborated by video. At the police station Officer White also informed Ms. Hall that none of the cameras were working, again indicating to Ms. Hall that what occurred from this point in time could no longer be corroborated by video and for purposes of intimidating Ms. Hall,” states the lawsuit.
“Ms. Hall asked the officers to not 'process' her explaining that she had not broken any laws and, as such, if she was ‘processed,’ her career would be ruined. As Ms. Hall was expressing her concerns, Officer White became frustrated once again and forcefully pushed her to a cell,” according to Hall’s suit.
Claire Hall’s husband is also a part to the lawsuit against the officers, Moynihan, and Manni.
“James Hall, Ms. Hall’s husband, has witnessed and continues to witness the ways in which this civil rights violation, assault, battery, unlawful arrest and unlawful prosecution has and continues to have an adverse impact on his wife and their marital relationship. As a consortium plaintiff, James Hall has sustained damages specifically for the loss of his wife’s society, comfort, advice, counsel, companionship, and all other aspects of their marital relationship,” states the suit.
11 Counts
The lawsuit outlines 11 violations, including:
Assault
Battery
Civil Rights Violations (she was acting as a Good Samaritan)
Police Brutality and Excessive Force
Intentional Infliction of Emotional Distress
Malicious Prosecution
Respondeat Superior Liability specifically named Chief Moynihan and The South Kingstown Police Department
South Kingstown Response
In a statement to GoLocal, Town Manager James Manni who is named in the suit, said, ““Due to the pending litigation, the Town of South Kingstown will not be providing a comment at this time.”
