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April 10, 2007

State, Narragansetts argue over smoke-shop suit

PROVIDENCE -- The state argued today for dismissal of a lawsuit accusing the state of violating the civil rights of Narragansett tribe members arrested in the 2003 raid on the tribal smoke shop, saying the issues had been settled in previous court cases.

Lawyers argued that previous decisions found that police had the right to go onto the tribe's land in Charlestown in their raid of the shop along Route 2.

But the tribal members argued today that previous cases did not address whether tribal members who had been arrested had their civil rights violated by the use of alleged excessive force and/or false imprisonment.

The members bringing the civil case in U.S. District Court are also those who have been charged in criminal cases pending in lower courts.

State and local police raided the shop under order from Governor Carcieri to halt the illegal sale of cigarettes without charging Rhode Island tax.

-- projo.com staff writer Michael P. McKinney with reports from Journal staff writer Katie Mulvaney

Posted by Mike McKinney  at 3:40 PM | Permalink

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Branden | April 10, 2007 5:28 PM link

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