RI State Police Face New Federal Lawsuit
GoLocalProv News Team
RI State Police Face New Federal Lawsuit
The 13-page complaint filed in federal District Court in Rhode Island arises out of allegations of violations of civil rights, disability discrimination, and state and federal medical leave laws.
The case involves Jason Lawton, who was hired as a State Trooper in 1997 and rose up the ranks but was fired.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe lawsuit that was filed on Friday is just the latest in a series of lawsuits and controversies that have rocked the State Police in recent years.
In January of this year, Jamie Donnelly-Taylor had his pension reinstated after then-State Police Colonial James Manni fired him and stripped him of a pension.
Donnelly-Taylor was caught on video repeatedly punching a man in the State Police barracks.
And the agency was jolted when GoLocal unveiled a tape in which a former Major in the state police said that a retired Lt. Colonel had told him that he may have killed a man in a conversation years earlier. EXCLUSIVE: Former RI State Police Major Says Lt. Colonel Told Him “He Thought He Killed” a Man
Central to the allegations in the lawsuit was the agency pressured Lawton to sign an agreement -- an agreement that the suit alleges was improper. Lawton was initially disciplined for not disclosing a personal relationship with another Trooper.
"The discipline was issued after the Division determined that [Lawton] violated policy by failing to report a consensual dating relationship with another trooper," states the lawsuit.
The Lawton lawsuit includes a seminal moment in the claim, which was an incident that took place after Lawton said he was forced to sign the agreement.
"Shortly after the Division required Plaintiff to execute the agreement, on December 14, 2021, Major John Allen (“the Major”) requested that [Lawton] give Manni a ride to the airport in a Division vehicle. [Lawton] was on duty at the time, and Manni’s trip was personal. During the ride to the airport, Manni expressed his willingness to allow [Lawton] to forfeit two vacation days for the two suspension days, and to reduce the length of the front desk assignment from 30 days to 14 days," according to the lawsuit.
"During this conversation, [Lawton] revealed the existence of a number of personal stressors to Manni and Manni suggested [Lawton] seek mental health treatment with a health care provider who routinely provides mental health support to Troopers (the “Division psychologist”).
The Division psychologist offers crisis intervention and stress management services to Rhode Island’s emergency service personnel through the Rhode Island Critical Incident Management TEAM, Inc.
"Accordingly, Manni was aware that [Lawton] was having mental health issues and/or perceived that [Lawton] had mental health issues at least as of December 14," stated the suit.
The Disciplinary Agreement -- "Excessive"
The agreement, according to the lawsuit, was an overreach, poorly crafted, and excessive. The agreement, according to the lawsuit was:
The agreement provided that if Plaintiff violated the rules and regulations during the probationary period, he could be disciplined, up to and including dismissal, without rights under the Law Enforcement Officers’ Bill of Rights (“LEOBOR”).
The intent of this provision was not to permit the Division to discipline Plaintiff without a hearing under LEOBOR for pre-probationary period alleged misconduct.
The Division chose to use an agreement originally drafted for a different Trooper and amended it as it saw fit for the Plaintiff’s situation.
The Division drafted the agreement absent any participation or negotiation with Plaintiff.
The totality of the terms of the agreement represented an excessive disciplinary measure which was disproportionate to the offense.
Shortly after the ride with Manni, Lawton said he had a mental health crisis.
According to the lawsuit:
On Christmas Day, [Lawton’s] mental health condition reached a breaking point.
[Lawton] was found at home when he did not report to work.
Lawton’s supervisor came to his residence and personally observed his incapacitation. Lawton was clearly in crisis due to a mental health issue and too ill to report to work, mentally and physically.
Lawton was entitled to discharge sick leave under Division policy which provides for unlimited sick time.
As a result of his incapacitation, Lawton was marked sick and scheduled to be paid sick leave on December 25 and December 26 in accordance with his time records completed and submitted by appropriate Division employees.
Further, the lawsuit states, "Some members of the Division were less concerned about [Lawton's] serious medical condition and more concerned with the impact of the administrative machinations that had to take place to cover his shift on Christmas Day. The day after the incident, on December 26, another Major who used to be in peer support contacted [Lawton]. The Major suggested that [Lawton] seek treatment and recommended the same mental health professional suggested by Manni (the Division psychologist).
The suit claims that Manni and the State Police illegally fired Lawton -- he was never placed him on mental health and health leave.
"On January 20, 2023, Manni summarily terminated [Lawton's] employment by letter, without notice of his right to a hearing under LEOBOR. As grounds for not affording [Lawton] of his notice of right to hearing, Manni took the position that [Lawton] was on probation.
The suit claims that the State Police improperly set a probation date, changed the date and never informed Lawton.
In the four-count lawsuit, Lawton alleges that his Fourteenth Amendment rights were violated, Lawton's right to federal and state parental and family medical leave was obfuscated, and his civil rights were violated.