135 A.3d 1179
R.I.2016Background
- In 2003 Albanese was arrested after an incident at the Driftwood Apartments and later convicted of battery (affirmed by this Court in State v. Albanese).
- In 2006 Albanese (pro se) sued Narragansett, its police officers (Sgt. Favreau and Lt. Sutton), and others alleging excessive force (assault & battery), false arrest, gross negligence/misconduct, negligence per se (failure to address mold complaints), intentional infliction of emotional distress, and punitive damages.
- The case lay dormant for years; discovery closed by court order (July 17, 2013). Albanese’s original counsel withdrew in 2013 and she proceeded pro se.
- Defendants moved for summary judgment in October 2013; the court repeatedly extended Albanese deadlines but ultimately denied her requests to reopen discovery and for further continuances.
- At the January 31, 2014 hearing Albanese provided no new documentary opposition; the trial justice granted summary judgment as to all counts. Albanese appealed.
- The Supreme Court vacated summary judgment only as to the excessive-force (assault and battery) claim and affirmed summary judgment on all other counts; case remanded for further proceedings on the excessive-force claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of motions to reopen discovery | Albanese argued prior counsel failed to request needed discovery and the court should reopen discovery | Defendants relied on court scheduling order and long delay; discovery period had closed | No abuse of discretion; denial affirmed |
| Denial of continuances / extensions to oppose summary judgment | Albanese asserted medical condition and need for more time after surgery | Defendants and court noted long pendency, multiple prior extensions, and need to move the case forward | No abuse of discretion; denial affirmed |
| Motion to recuse trial justice | Albanese claimed bias: unfair treatment of a pro se litigant and later alleged husband’s law-enforcement job created conflict | Defendants emphasized lack of any demonstrable personal bias or disqualifying connection | Denial affirmed; no reasonable basis to question impartiality |
| Grant of summary judgment on excessive-force (assault & battery) | Albanese alleged officers yanked her from car, put jacket over head and dragged her to apartment — raises genuine dispute about force used | Defendants relied on police report: officers followed her to apartment after she left car and was agitated; probable cause for arrest | Trial court erred as to excessive-force: disputed facts (two conflicting accounts) make summary judgment inappropriate; claim reinstated |
| Grant of summary judgment on false arrest | Albanese challenged lawfulness of arrest | Defendants showed probable cause based on eyewitness statements and Albanese’s conduct | Affirmed for defendants: probable cause plain; summary judgment proper |
| Other tort claims (gross negligence, negligence per se re: mold, IIED, punitive damages) | Albanese alleged harassment, failure to enforce housing codes, and emotional distress from defendants’ conduct | Defendants showed only conclusory assertions, no evidentiary support; plaintiff admitted building was condemned/remediated | Affirmed for defendants: insufficient evidence to create triable issues; punitive damages unsupported |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (fact-intensive, objective-reasonableness test for excessive force)
- Stewart v. Sheppard, 885 A.2d 715 (R.I. 2005) (summary-judgment standard)
- Plunkett v. State, 869 A.2d 1185 (R.I. 2005) (summary-judgment standard)
- DeMascole v. Tatro, 673 A.2d 57 (R.I. 1996) (discretion to deny continuances where case long-pending)
- Boucher v. Galvin, 571 A.2d 35 (R.I. 1990) (trial-court scheduling discretion)
- Shelter Harbor Conservation Soc’y, Inc. v. Rogers, 21 A.3d 337 (R.I. 2011) (broad discovery-management discretion)
- Lynch v. Spirit Rent-A-Car, Inc., 965 A.2d 417 (R.I. 2009) (nonmoving party must set forth specific facts to avoid summary judgment)
- Horton v. Portsmouth Police Dep’t, 22 A.3d 1115 (R.I. 2011) (probable cause is complete defense to false-arrest claim)
- Amnesty Am. v. Town of West Hartford, 361 F.3d 113 (2d Cir. 2004) (summary judgment only if no reasonable factfinder could find force unreasonable)