Rhode Island Supreme Court Decisions 2016
Date: December 21, 2016
Docket Number: 15-329
Justia Opinion Summary: Husband filed a complaint for divorce, citing irreconcilable differences. Wife counterclaimed for sole custody of the parties’ two minor children, alimony, child support, and equitable distribution of the marital assets.…
Date: December 21, 2016
Docket Number: 15-332
Justia Opinion Summary: Plaintiff, an attorney employed as a hearing officer for the Rhode Island Department of Elementary and Secondary Education (RIDE), filed a complaint alleging that RIDE and the Rhode Island Board Counsel on Elementary and…
Date: December 8, 2016
Docket Number: 15-339
Justia Opinion Summary: Plaintiff was injured on property owned by two individual owners. The unit owners together formed The 18-20 Woodland Court Condominium Association (Defendant). Just prior to the expiration of the relevant three-year…
Date: December 6, 2016
Docket Number: 12-242
Justia Opinion Summary: The City of Newport’s Utility Department, Water Division (Newport Water) filed a rate application with the Public Utilities Commission (PUC) requesting a revenue increase. The PUC issued an order in docket No. 3818…
Date: December 6, 2016
Docket Number: 15-245
Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree, discharging a firearm during a crime of violence, and conspiracy to commit murder. Defendant filed a motion for a new trial, arguing that the…
Date: November 29, 2016
Docket Number: 15-298
Justia Opinion Summary: Plaintiffs Michael Rose and RC&D, Inc. filed suit against Defendants Stephen Brusini and the law firm Orson & Brusini Ltd. alleging professional negligence and breach of contract. The hearing justice granted summary…
Date: November 28, 2016
Docket Number: 15-27
Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of assault with a dangerous weapon in a dwelling house and one count of breaking and entering of a dwelling house. The Supreme Court affirmed, holding (1) with…
Date: November 17, 2016
Docket Number: 15-303
Justia Opinion Summary: Plaintiff, a resident of Florida, was a resident of Rhode Island at the time of the contract in dispute. Defendant was a resident of New York. Plaintiff entered into a contract in New York regarding Plaintiff’s…
Date: November 3, 2016
Docket Numbers: 14-277, 15-216
Justia Opinion Summary: After two separate trials, the family court entered decrees finding dependency as to Respondent’s sons, King and Saint, determining that the children were actually suffering or likely to suffer physical and/or emotional…
Date: November 2, 2016
Docket Number: 13-311
Justia Opinion Summary: In 1996, Matthew Cote accepted an employment opportunity with Richmond Ready-Mix (RRM) when John Aiello explained that Plaintiff could purchase RRM in the future. Over the years, Aiello repeatedly assured Cote that he…
Date: October 31, 2016
Docket Number: 15-13
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree murder, possessing a firearm after having previously been convicted of a violent crime, and other crimes. Defendant was sentenced to consecutive life…
Date: October 28, 2016
Docket Number: 2002-7
Justia Opinion Summary: Kevin Sweet executed a promissory note to Richard Boucher secured by a mortgage on real estate. Sweet defaulted on the note, and Boucher commenced foreclosure proceedings on the real estate. After a foreclosure sale held…
Date: October 27, 2016
Docket Number: 15-147
Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of felony assault on a police officer, simple assault on a police officer, resisting arrest, driving under the influence of alcohol, and obstructing a police officer.…
Date: October 18, 2016
Docket Numbers: 15-170, 16-233
Justia Opinion Summary: The family court issued a decision granting the State’s petition to terminate Father’s parental rights to his two daughters. The family court justice finding by clear and convincing evidence that Father was an unfit…
Date: July 15, 2016
Docket Number: 14-194
Justia Opinion Summary: In 1996, Defendant entered a plea of nolo contendere to several sex offenses and was sentenced to a term of incarceration. After Defendant was released on probation, he applied for a transfer of his probation supervision…
Date: July 14, 2016
Docket Number: 15-257
Justia Opinion Summary: In 1992, a jury found Defendant guilty of murder in the first degree. The Supreme Court affirmed the conviction. In 2004, Defendant filed an application for postconviction relief pursuant to Rhode Island’s Innocence…
Date: July 13, 2016
Docket Number: 14-270
Justia Opinion Summary: Petitioner, after more than fifteen years of service in the City of Providence Police Department, was injured while on duty. The Department concluded that Petitioner’s injury interfered with her ability to handle a…
Date: July 12, 2016
Docket Number: 13-241
Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a dangerous weapon and vandalism. Defendant appealed, arguing that the trial justice erred in granting the State’s motion to preclude Defendant from discussing…
Date: July 11, 2016
Docket Number: 14-161
Justia Opinion Summary: In 1994, Applicant entered a plea of nolo contendere to the offense of maintaining a narcotics nuisance. In 2012, Applicant filed a pro se application seeking to vacate his nolo contendere plea. In his application…
Date: July 7, 2016
Docket Number: 13-189
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and related crimes. Defendant was sentenced to life imprisonment on the murder count. Defendant appealed, arguing that the trial court erred by denying…
Date: July 7, 2016
Docket Number: 15-162
Justia Opinion Summary: The family court entered a decree that terminated Respondent’s parental rights. The decree rested primarily on Respondent's criminal convictions, including a conviction for first-degree murder. While Respondent’s appeal…
Date: July 7, 2016
Docket Number: 15-309
Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a controlled substance with intent to deliver, possession of a firearm while in possession of a controlled substance with intent to deliver, and conspiracy to…
Date: June 29, 2016
Docket Number: 15-181
Justia Opinion Summary: Plaintiff filed an application with the Coastal Resources Management Council (CRMC) seeking to expand his condominium unit. Defendants filed an objection to the proposal, asserting that Plaintiff did not own the property…
Date: June 28, 2016
Docket Numbers: 14-184, 14-185, 14-186
Justia Opinion Summary: Goat Island South Condominium (GIS) was comprised of three subcondominium residence areas - Harbor Houses Condominium (Harbor Houses), America Condominium (America), and Capella South Condominium (Capella). The…
Date: June 24, 2016
Docket Numbers: 13-14, 13-16
Justia Opinion Summary: Kathryn Manning (Plaintiff), individually and as administratrix of the estate of Michael Manning (Manning) and on behalf of her four minor children, brought this negligence and wrongful death action against Dr. Peter…
Date: June 24, 2016
Docket Numbers: 14-157, 14-158, 14-160
Justia Opinion Summary: Plaintiffs filed three petitions for relief from property tax assessments on their home for the tax years 2009 through 2011. The petitions and appeals were consolidated. The trial justice granted judgment in favor of…
Date: June 24, 2016
Docket Number: 14-240
Justia Opinion Summary: Plaintiff owned several units in a waterfront luxury condominium complex when an incident involving a frozen water pipe and its diluvial aftermath caused extensive property damage to several of the units. Plaintiff filed…
Date: June 24, 2016
Docket Number: 15-45
Justia Opinion Summary: In 2012, Applicant filed an amended application for postcoviction relief asserting that his convictions in four prior drug-offenses cases were the result of ineffective assistance of counsel because he had pled nolo…
Date: June 23, 2016
Docket Numbers: 13-213, 14-39
Justia Opinion Summary: In 2008, Brett Roy broke his neck when diving into a pond at World War II Veterans Memorial Park in Woonsocket. Roy and his wife (Plaintiffs) filed suit against the State, the Rhode Island Department of Environmental…
Date: June 23, 2016
Docket Number: 13-321
Justia Opinion Summary: An East Providence zoning officer issued a notice of violation, finding violations of a use variance that was granted in 1998 to the owner and operator of a construction and demolition debris processing facility known as…
Date: June 22, 2016
Docket Numbers: 14-174, 14-175
Justia Opinion Summary: Plaintiffs sued the Roman Catholic Bishop of Providence (Defendant) alleging that a visiting priest sexually abused them more than four decades ago. The superior court granted summary judgment in favor of Defendant,…
Date: June 22, 2016
Docket Numbers: 15-22, 15-146
Justia Opinion Summary: Defendants defaulted on a loan. At the ensuing foreclosure proceedings, Plaintiff purchased the property securing the loan. Thereafter, Plaintiff filed a complaint against Defendants seeking to secure the resulting…
Date: June 17, 2016
Docket Number: 14-78
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree arson. The trial justice sentenced Defendant to a term of twenty-five years’ imprisonment. The Supreme Court affirmed the judgment of conviction, holding (1)…
Date: June 16, 2016
Docket Number: 15-120
Justia Opinion Summary: Applicant Robert Dominick appealed the denial of his application for postconviction relief, arguing the trial court erred in finding that he failed to present newly discovered evidence that would have entitled him to a…
Date: June 16, 2016
Docket Number: 15-92
Justia Opinion Summary: This case involved a shooting that occurred in the City of Woonsocket, which left Ikey Wilson with severe injury to his stomach and required the amputation of his right leg. Defendant Christian Rosado appealed his…
Date: June 13, 2016
Docket Numbers: 13-216, 13-217, 13-220
Justia Opinion Summary: In two consolidated actions, Edward Voccola (Mr. Voccola) sought to recover property which he alleged his daughter, Patricia, had wrongfully transferred. Patricia and her company, Red Fox Realty, LLC, were named as…
Date: June 8, 2016
Docket Number: 15-155
Justia Opinion Summary: In 2012, defendant was charged with simple assault, G.L. 1956 11-5-3. On February 15, 2013, a separate criminal information was filed charging defendant with “break[ing] and enter[ing] the dwelling of [defendant’s…
Date: June 7, 2016
Docket Number: 15-300
Justia Opinion Summary: Plaintiff claims that on April 30, 2011 he sustained personal injuries during a “melee” at defendants’ Providence nightclub. On April 18, 2014, he filed a complaint that erroneously stated that the incident occurred on…
Date: June 6, 2016
Docket Number: 13-252
Justia Opinion Summary: Morse, a long-time fire-rescue captain, had separate work-related back injuries in 2009 and 2011. In both cases he was eventually released to work. Morse injured his back again while lifting a patient during a 2012…
Date: June 3, 2016
Docket Number: 14-284
Justia Opinion Summary: Cashman sued, alleging Cardi provided defective cofferdams for construction of the Sakonnet River Bridge. Cofferdams are temporary watertight enclosures that are pumped dry to expose the bottom of a body of water so that…
Date: June 3, 2016
Docket Number: 15-123
Justia Opinion Summary: In February 2008, defendant received a seven-year suspended sentence with probation, after he had pled nolo contendere to one count of breaking and entering a dwelling. In June 2012, after defendant was found to be in…
Date: June 2, 2016
Docket Number: 15-259
Justia Opinion Summary: In 2003, Budlong, a Rhode Island Public Transit Authority bus driver, claimed that he was assaulted while on his bus route. Over a year later, Budlong identified Hall as his attacker. Budlong’s bus route went by the…
Date: June 1, 2016
Docket Number: 14-354
Justia Opinion Summary: Benoit was working as part of a crew replacing windows at an apartment complex, when a resident found him rifling through a wallet that was on the top of a dresser in the resident’s bedroom. Benoit was convicted of…
Date: May 27, 2016
Docket Number: 14-149
Justia Opinion Summary: Early in the morning of October 25, 2011, as she was leaving for work, Lora, was viciously attacked by a masked assailant in the front hall of her home and was severely cut on her face with a small blade. Lora…
Date: May 27, 2016
Docket Number: 14-280
Justia Opinion Summary: Florez was convicted of one count of second-degree child molestation sexual assault (sexual contact with a person 14 years of age or under) in violation of G.L. 1956 11-37-8.3 and 11-37-8.4 and was sentenced to 20 years’…
Date: May 26, 2016
Docket Numbers: 13-364, 14-19
Justia Opinion Summary: In 2012, the Cranston Police Department filed delinquency petitions alleging that, when B.H. was 13 years old, he committed two offenses that, if committed by an adult, would constitute the offense of first-degree child…
Date: May 10, 2016
Docket Numbers: 13-297, 13-298, 13-299
Justia Opinion Summary: Plaintiff brought this medical malpractice lawsuit against Defendants, his optometrist and his optometrist’s employer, arguing that his optometrist breach the duty of care to him because he failed to diagnose a detached…
Date: May 9, 2016
Docket Number: 15-48
Justia Opinion Summary: Plaintiff purchased certain property at a tax sale and then filed a petition to foreclose tax lien seeking to foreclose Bank’s right of redemption with respect to the property. Bank did not timely file an answer after…
Date: May 6, 2016
Docket Numbers: 2013-149, 13-227
Justia Opinion Summary: Plaintiff filed a complaint against Defendants alleging breach of fiduciary duty resulting from oppressive conduct, breach of fiduciary duty resulting from self-dealing, fraud in the inducement, and negligent…
Date: April 29, 2016
Docket Number: 13-278
Justia Opinion Summary: Defendant was charged with one count of possession of cocaine. Defendant moved to suppress physical evidence seized and statements made to the police, arguing that he was arrested without probable cause and that the…
Date: April 26, 2016
Docket Number: 12-325
Justia Opinion Summary: In 2009, Defendant pled nolo contendere to one count of felony assault. Defendant was sentenced to a term of imprisonment and the balance suspended with probation. In 2012, the State filed a notice of probation violation…
Date: April 26, 2016
Docket Number: 13-254
Justia Opinion Summary: In 2010, the General Assembly amended R.I. Gen. Laws 12-19-18 to provide that a sentence of imprisonment after a finding of probation violation shall be quashed and the imprisonment terminated in certain circumstances…
Date: April 26, 2016
Docket Number: 14-169
Justia Opinion Summary: Five corporate plaintiffs sued the East Greenwich Fire District and the Town of East Greenwich alleging that Defendants’ imposition and collection of development impact fees from developers who applied for a building…
Date: April 26, 2016
Docket Number: 14-261
Justia Opinion Summary: Plaintiffs, tenants on property owned by Baird Properties, were required to vacate the premises they leased and to remove their belongings when the property was condemned due to a lack of electricity, heating and water.…
Date: April 26, 2016
Docket Number: 14-269
Justia Opinion Summary: Defendant was charged with eight counts of first-degree child molestation. Defendant filed a motion to suppress statements he made after his arrest and during his interrogations at the police department, claiming that…
Date: April 21, 2016
Docket Numbers: 15-132, 15-133
Justia Opinion Summary: This case stemmed from a number of disputes that arose after the defendant corporation, Nuzzo Campion Stone Enterprises, Inc. (NCS), was purchased by its present owner. Plaintiff James Nuzzo alleged that he was owed…
Date: April 15, 2016
Docket Number: 14-307
Justia Opinion Summary: After an adjudication, Respondent was found delinquent for engaging in second-degree child molestation sexual assault. At the conclusion of a sentencing hearing, the family court ordered that Respondent register as a sex…
Date: April 13, 2016
Docket Number: 14-244
Justia Opinion Summary: Plaintiff was a pedestrian in a crosswalk when he was struck by a vehicle operated by an uninsured motorist. Plaintiff, who was an insured under his mother’s automobile insurance policy, filed suit against The Commerce…
Date: April 11, 2016
Docket Number: 14-182
Justia Opinion Summary: The Providence Journal Company and Amanda Milkovits (collectively, the Journal) requested records from the Rhode Island State Police concerning an investigation of an underage drinking incident at property owned by the…
Date: April 11, 2016
Docket Number: 14-216
Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a dangerous weapon. Defendant was sentenced to five years’ imprisonment, suspended, with five years of probation. The Supreme Court affirmed the judgment of…
Date: March 29, 2016
Docket Number: 13-289
Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree and related crimes. Defendant appealed, arguing that the trial justice erred in (1) failing to grant his motion to suppress evidence that was…
Date: March 24, 2016
Docket Number: 14-235
Justia Opinion Summary: The Rhode Island Department of Transportation (RIDOT) condemned a parcel of real property owned by Richard Deeble and his wife for highway purposes. The Deebles subsequently died. RIDOT utilized only a portion of the…
Date: March 24, 2016
Docket Numbers: 15-209, 15-227
Justia Opinion Summary: Mark Van Hoesen was seriously injured when he fell from a deck. Van Hoesen and his wife (together, Plaintiffs) filed an amended complaint alleging negligence against Lloyd’s of London, the insurer of the contractor who…
Date: March 24, 2016
Docket Number: 15-40
Justia Opinion Summary: At issue in this case was an inter vivos trust. The trust provided for three shares that were to be apportioned among the Settlor’s daughter and successor trustee, Lynne, the Settlor's son, Neil, and the Settlor's…
Date: March 17, 2016
Docket Numbers: 13-337, 13-341
Justia Opinion Summary: At dispute in this decade-old case was the various rice dishes offered for sale in the food court at the Providence Place Mall. These consolidated appeals represented the second and third times that the Supreme Court was…
Date: March 15, 2016
Docket Numbers: 14-188, 14-189
Justia Opinion Summary: Plaintiffs sought a dimensional variance by the Zoning Board of Review of the Town of Jamestown. After the Board denied the variance, Plaintiffs appealed. The superior court reversed the Board’s decision and granted…
Date: March 15, 2016
Docket Number: 14-268
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of breaking and entering. The trial justice sentenced Defendant to a term of incarceration and also adjudged Defendant to be a habitual offender. The Supreme Court…
Date: March 14, 2016
Docket Number: 15-51
Justia Opinion Summary: After Strine Printing Company terminated Richard Bisbano’s employment, Bisbano filed an eight count complaint against Strine Printing and its president, alleging, inter alia, wrongful termination. During the pendency of…
Date: March 12, 2016
Docket Number: 14-195
Justia Opinion Summary: Defendant was charged with two counts of second-degree child molestation. After a jury trial, Defendant was convicted on Count 1 and acquitted on Count 2. Defendant appealed, arguing that the trial justice erred in his…
Date: March 11, 2016
Docket Number: 13-290
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, failure to report a death with the intention of concealing a crime, obstruction of a firefighter while in the execution of his duty, and violation of a…
Date: March 7, 2016
Docket Number: 14-178
Justia Opinion Summary: Plaintiff filed a multi-count complaint against Defendants - the Town of Narragansett, the treasurer for the town, the town police department, and two police officers - alleging, among other things, assault and battery,…
Date: March 7, 2016
Docket Number: 14-239
Justia Opinion Summary: Plaintiff filed a complaint against APG Security-RI, LLC (APG) and employees/agents of APG (collectively, Defendants) alleging that when she was employed as a security guard by APG, Defendants violated the employer drug…
Date: March 4, 2016
Docket Number: 13-76
Justia Opinion Summary: In a contested enforcement action, the Department of Environmental Management (DEM) ordered Power Test Realty Company Limited Partnership to remediate a site onto and under which petroleum had been released and imposed…
Date: February 24, 2016
Docket Number: 14-225
Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of domestic simple assault and domestic disorderly conduct. The Supreme Court affirmed the judgment, holding (1) sufficient competent and credible evidence existed in…
Date: February 24, 2016
Docket Number: 14-252
Justia Opinion Summary: After a jury trial, Defendant was found guilty of possession of cocaine with intent to deliver. Defendant was sentenced to a term of fifteen years’ incarceration, with five years to serve and ten years suspended, with…
Date: February 19, 2016
Docket Number: 14-0293
Justia Opinion Summary: The dispute in this receivership action centered on the receiver’s sale of commercial property owned by P.T.A. Realty, LLC to NMLM Realty, LLC. NMLM’s agent, Liberty Title & Escrow Company, failed to list all the…
Date: February 18, 2016
Docket Number: 12-49
Justia Opinion Summary: After a jury trial, Appellant was convicted of conspiracy to commit assault with a dangerous weapon and assault with a dangerous weapon. Appellant was also charged with first-degree murder, but the jury was unable to…
Date: February 18, 2016
Docket Number: 14-150
Justia Opinion Summary: After a jury-waived trial, the trial justice entered judgment in favor of Defendant on Plaintiff’s breach of contract claim. The justice also entered judgment in favor of Defendant on his counterclaim for conversion.…
Date: February 18, 2016
Docket Number: 14-165
Justia Opinion Summary: John Izzo was the owner of certain property and his mother, Carmel Izzo, held a mortgage on the property. After the failure to pay sewer fees, the property was put up for sale at a tax sale. Defendant purchased the…
Date: February 12, 2016
Docket Number: 13-336
Justia Opinion Summary: The Free & Clear Company (Free & Clear) filed suit alleging that the Narragansett Bay Commission (NBC) owed it damages. NBC admitted liability, and the case proceed to trial on the issue of damages only. The jury…
Date: February 12, 2016
Docket Number: 14-255
Justia Opinion Summary: Father and Mother were both dual citizens of the United States and the Republic of Ireland. The parties later divorced. In accordance with a property settlement agreement, the parties share joint custody of their three…
Date: February 12, 2016
Docket Number: 14-297
Justia Opinion Summary: After a jury trial, Defendant was convicted of felony assault with a dangerous weapon, discharging a firearm while committing a crime of violence, and carrying a handgun without a license. Defendant appealed, arguing…
Date: February 5, 2016
Docket Number: 13-312
Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder, using a firearm while committing a crime of violence resulting in a death, and carrying a pistol without a license. Defendant appealed, asserting a number of…
Date: February 5, 2016
Docket Number: 14-318
Justia Opinion Summary: Plaintiff was injured at a park owned by the Town of South Kingstown while she was a spectator at a Little League baseball game organized by the South Kingstown Little League (Defendant). Plaintiff brought this complaint…
Date: February 4, 2016
Docket Number: 13-272
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, conspiracy to commit murder, and related crimes. Defendant appealed, arguing that the trial justice erred in (1) admitting prior testimony of a witness…
Date: February 1, 2016
Docket Number: 13-221
Justia Opinion Summary: After a jury trial, Defendant was found guilty of second degree murder. Defendant was sentenced to a term of forty years’ imprisonment. The Supreme Court affirmed, holding that the trial justice did not err in (1)…
Date: February 1, 2016
Docket Number: 14-355
Justia Opinion Summary: Plaintiffs, the children of William B. Ross, appealed the probate of William's estate. Specifically, Plaintiffs challenged the fifth and final accounting of the decedent’s guardian and sister, Nancy Howard, alleging that…
Date: January 15, 2016
Docket Number: 14-251
Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a dangerous weapon and other firearm-related offenses. Defendant appealed, arguing that the trial justice erred in denying his motion for a new trial because…
Date: January 14, 2016
Docket Number: 15-83
Justia Opinion Summary: Plaintiffs allowed a wind turbine to be built on their property in North Kingstown. None of the electricity produced by this wind turbine was sold to the public but, rather, was sold directly to National Grid. The Town…
Date: January 14, 2016
Docket Numbers: 15-94, 15-127
Justia Opinion Summary: Sophie Danforth entered into a purchase and sales agreement (PSA) with Timothy and Rebecca More, pursuant to which Danforth agreed to sell, and the Mores agreed to purchase, certain real estate. The PSA provided that…
Date: January 13, 2016
Docket Number: 14-303
Justia Opinion Summary: Plaintiffs, sixteen retirees from non teaching union positions with the City of Pawtucket school department, sought reimbursement of the health insurance co-payments that they paid after Defendants - the City, the school…
Date: January 12, 2016
Docket Number: 13-288
Justia Opinion Summary: Plaintiff operated a Wendy’s restaurant in East Greenwich. One defendant had received permission to build a new McDonald’s restaurant with a drive-through window on property located down the street. Plaintiff sought a…
Date: January 12, 2016
Docket Number: 14-126
Justia Opinion Summary: Plaintiff filed a complaint alleging that she was shopping at a Walgreens store when she was hit and injured by a ball that an employee of Walgreens had thrown. The trial justice eventually dismissed the case with…
Date: January 12, 2016
Docket Number: 15-55
Justia Opinion Summary: Defendant, an attorney, represented Plaintiff in post-final judgment divorce proceedings. Defendant later withdrew as counsel with the family court’s approval. Three years later, Plaintiff filed a complaint against…
