6.21.2001 00:12
Teen files claim for $1 million over alleged attack
The claim alleges that an off-duty Lincoln police officer beat
up the then-17-year-old because he's gay.
BY M. BRADFORD GRABOWSKI
Journal Staff Writer
LINCOLN -- An 18-year-old man has filed a $1-million claim
against the
town alleging that one of its police officers severely beat him
while
off-duty. His lawyer alleges that the police officer beat him
because
he is gay.
On the night of Monday, Aug. 28, 2000, Lincoln Police Officer
Kevin
Harty severely beat Jesse Ousley, alleges the claim filed by
Ousley's
lawyer, Robert J. Caron, of Providence. The boy, then a 17-year-old
who weighed about 115 pounds, was taken to the hospital for
treatment
of his injuries.
"Clearly the motivation behind his attack was because he is
gay,"
Caron said in an interview yesterday, adding, "When the
officer
attacking him is using [the words] 'fag' and 'faggot,' it's
pretty
clear."
The claim does not explain the context of the attack. However, on
Sept. 18, almost two weeks after Caron asked the Lincoln police
to
investigate the alleged attack, the police charged Ousley with
assault, disorderly conduct and malicious damage in connection
with
the incident.
A police report was written on the incident, but neither the
police
nor Caron would release it. Caron, however, said the incident
began
when Ousley was walking with his boyfriend on Walker Street, a
residential block in Lincoln. According to Caron, Harty drove his
car
very close to the couple and stopped.
"Because he was so close, my client slapped his hands on the
hood of
the car," Caron said.
Caron said that Harty got out of his car and started hitting
Ousley,
who eventually managed to get up and run away.
"As he was running away, he kicked [Harty's] car door,"
Caron said.
"That's why he was found wayward for malicious damage. He
was pursued
again [by Harty] and beaten again. At this point, multiple people
were
calling 911 because the kid was being beat up."
At some point during the incident, Harty identified himself as a
police officer, Caron said. Harty and Ousley did not know each
other
before the incident, Caron said. Ousley does not live in Lincoln.
Caron would not say where he resides.
Ousley was not arrested that night, Caron said.
"Clearly, it was [Harty's] impression that they were gay,"
Caron said.
"And my client is gay and he's out. That's no secret. It's
not that
they were engaged in some activity."
Police have declined to release the report of the incident for
which
Ousley was charged. Lincoln Deputy Police Russell R. Ridge Jr.
declined comment yesterday, referring all questions about the
incident
and claim to Town Solicitor Mark S. Krieger. Krieger did not
return a
phone call yesterday.
Caron acknowledged that he has a copy of the incident report, but
said
he would not release it either because his client was a juvenile
at
the time.
The Lincoln Town Council's Claim Committee will consider the
claim at
next month's meeting. If the town and its insurance carrier deny
the
claim, Ousley can file a lawsuit, either in state or federal
court.
In the claim, Caron says he sent a letter on Sept. 5 to police
officials requesting that they investigate Harty for criminal
wrongdoing.
Police Chief William P. Strain responded to Caron in a letter
dated
Sept. 15, 2000, and enclosed the incident report, Caron said. On
Sept.
18, the Lincoln Police Department filed three wayward petitions
against Ousley in Family Court, charging him with assault,
disorderly
conduct and malicious damage.
"They filed three [charges] some 18 days after the incident,"
Caron
said yesterday. "Now you read between the lines and see why
they
waited so long to file. It was because I was pressing them to
investigate the cop . . . It was a preemptive strike: Let's turn
around and charge the victim before we get sued. In fact, all my
client was trying to do with his mother was to have it
investigated."
Family Court Judge Pamela Macktaz found Ousley guilty of the
malicious
damage charge, but dismissed the assault and disorderly conduct
charges.
"This court is satisfied that the person who received the
beating that
evening, who was being so severely beaten that innocent
bystanders
were calling and screaming into their phone that help was needed
to
arrive quickly for this youngster, the person who was the victim
of an
assault that evening was Jesse Ousley and not Kevin Harty."
Macktaz also said that Harty was "not credible when he
indicated he
had but one confrontation with Mr. Ousley, retreated to the car
and
calmly waited for the Police Department to arrive."
Caron alleged in his claim that the Town of Lincoln, through the
police department, manipulated evidence in order to secure a
conviction against Ousley.
"Witness interviews were not disclosed," Caron wrote.
"Notes of
witness statements were destroyed. In fact, the Town of Lincoln,
through its counsel, submitted a transcript of the 911 tape which
had
been admitted as a full evidence exhibit, wherein key statements
were
altered and/or omitted. [Judge Macktaz] made a point of bringing
this
to counselors' attention after rendering her decision."
Caron wrote that Ousley intends to file suit against Harty, the
town
and its Police Department in court for assault and battery,
civil-rights violations, failure by the town to properly
supervise and
train an officer, false arrest and filing a false police report,
malicious prosecution and intentionally causing emotional
distress.
In addition, Caron demands in the claim that the Lincoln police,
the
state police and the state attorney general's office investigate
Harty
for committing a hate crime and perjury.
WANT TO KNOW WHT THE OTHER SIDE HAS TO SAY?
Let me sum it up for you, the police and the officer did nothing wrong. (READ BELOW)
Providence Journal, June 25, 2001
75 Fountain St., Providence, RI, 02902
(Fax: 401-277-7346 ) (E-Mail: letters@projo.com
)
( http://www.projo.com
)
Town disputes teen's account of police beating
By M.BRADFORD GRABOWSKI, Journal Staff Writer
LINCOLN -- Allegations that an off-duty Lincoln Police officer
severely beat an 18-year-old man "have no basis and merit,"
the town's
lawyer said on Friday, in response to a $1 million claim that has
been filed
against the town over the incident.
"We do not agree with any of this claim," Town
Solicitor Mark S.
Krieger said. "We're extremely confident that the actions of
the officer,
Police Department and town were all proper and done in accordance
with all
applicable rules, procedures, state laws, etc."
On the night of Monday, Aug. 28 last year, Lincoln Police Officer
Kevin Harty severely beat Jesse Ousley, alleges the claim filed
by Ousley's
lawyer, Robert J. Caron, of Providence. The boy, then a 17-year-old
who
weighed about 115 pounds, was taken to the hospital for treatment
of his
injuries. His lawyer alleges that Harty beat him because he is
gay.
"We would like to respond on a point-by-point basis to the
all
allegations -- and even allegation is stretching it -- as to what
happened
in the incident, what happened in Family Court and the
accusations, claims
and innuendoes that are contained in that claim," Krieger
said.
However, Krieger said he couldn't go into specifics because state
law
prevents him from discussing cases involving juveniles.
"It's sad and unprofessional that the claimant's lawyer has
chosen to
try his case in the press and we're not going to dignify that
with a
response," Krieger said. "The truth of what happened on
that day will come
out in due course and it will be in a public forum. I'm extremely
confident
that the actions taken on that day were in a proper manner."
Krieger said that Harty remains on active duty in the police
department, as far as he knows.
A police report was written on the incident, but neither the
police
nor Caron would release it. Caron, however, said the incident
began when
Ousley was walking with his boyfriend on Walker Street, a
residential block
in Lincoln. According to Caron, Harty drove his car very close to
the
couple and stopped.
"Because he was so close, my client slapped his hands on the
hood of
the car," Caron said.
Caron said that Harty got out of his car and started hitting
Ousley,
who eventually managed to get up and run away.
"As he was running away, he kicked [Harty's] car door,"
Caron said.
"That's why he was found wayward for malicious damage. He
was
pursued again [by Harty] and beaten again. At this point,
multiple people
were calling 911 because the kid was being beat up."
At some point during the incident, Harty identified himself as a
police officer, Caron said. Harty and Ousley did not know each
other before
the incident, Caron said. Ousley does not live in Lincoln.
Caron would not say where he resides.
Ousley was not arrested that night, Caron said.
"Clearly, the motivation behind his attack was because he is
gay,"
Caron said in an interview last week, adding, "When the
officer attacking
him is using [the words] 'fag' and 'faggot,' it's pretty clear."
Caron said he wrote a letter to police officials asking them to
investigate Harty for criminal wrongdoing in the incident. About
two weeks
later, the police filed three wayward petitions against Ousley in
Family
Court, charging him with assault, disorderly conduct and
malicious damage,
Caron said.
"It was a preemptive strike: Let's turn around and charge
the victim
before we get sued," Caron said of the charges.
Family Court Judge Pamela Macktaz found Ousley guilty of the
malicious damage charge, but dismissed the assault and disorderly
conduct
charges.
In her decision, Macktaz said that "The person who was the
victim of
an assault that evening was Jesse Ousley and not Kevin Harty."
Macktaz also said that Harty was "not credible when he
indicated he
had but one confrontation with Mr. Ousley, retreated to the car
and calmly
waited for the Police Department to arrive."
Caron alleged in his claim that the Town of Lincoln, through the
police department, manipulated evidence in order to secure a
conviction
against Ousley.
"Witness interviews were not disclosed," Caron wrote.
"Notes of
witness statements were destroyed. In fact, the Town of Lincoln,
through
its counsel, submitted a transcript of the 911 tape which had
been admitted
as a full evidence exhibit, wherein key statements were altered
and/or
omitted. [Judge Macktaz] made a point of bringing this to
counselors'
attention after rendering her decision." But Krieger denied
those
allegations, as well, calling them "a gross
mischaracterization."
"Absolutely and categorically false," Krieger said.
"And I've asked
the assistant solicitor to look into remedies available to the
town and to
our Police Department as a result of those false statements."
The Lincoln Town Council's Claim Committee will consider the
claim at
next month's meeting. If the town and its insurance carrier deny
the claim,
Ousley can file a lawsuit, either in state or federal court.
Caron wrote in
the claim that Ousley intends to sue Harty, the town and its
Police
Department in court for assault and battery, civil-rights
violations,
failure by the town to properly supervise and train an officer,
false arrest
and filing a false police report, malicious prosecution and
intentionally
causing emotional distress.
Krieger said the town "will pursue [Harty's] defense in the
most
vigorous way possible."