City police captain files federal lawsuit

Daniel Kittredge
Posted 8/21/14

A Cranston police officer has filed a federal lawsuit against Mayor Allan Fung, former Police Chief Col. Marco Palombo Jr., the city and other police officers, alleging a violation of his …

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City police captain files federal lawsuit

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A Cranston police officer has filed a federal lawsuit against Mayor Allan Fung, former Police Chief Col. Marco Palombo Jr., the city and other police officers, alleging a violation of his constitutional rights.

Capt. Todd Patalano filed the suit Tuesday in U.S. District Court through his attorney, Joseph F. Penza Jr. of the law firm Olenn & Penza LLP. It alleges “shocking misconduct” on the part of the defendants, specifically asserting the captain was denied his due process rights under the 14th Amendment to the Constitution.

Patalano – who returned from roughly two years of paid leave earlier this year – has publicly asserted that Palombo unfairly targeted him with disciplinary charges as part of a personal vendetta. The captain has also claimed secretly made recordings of his conversations with other police officers verify his account.

Palombo, through his attorney, has denied any wrongdoing. He retired in March after having been placed on paid leave by Fung during a Rhode Island State Police investigation of allegations that officers engaged in retaliatory ticketing. Police and city officials have said Palombo was not tied to the alleged ticketing.

State Police Capt. Kevin Barry, the department’s acting chief, earlier this year moved to formally drop the cases against Patalano. Foremost among the charges had been the allegation that the captain mishandled civilian complaints against officers.

The captain had filed a complaint with the city in May as a precursor to the federal suit, and in that document sought compensatory damages totaling $250,000 plus legal fees of more than $100,000. The complaint also indicated the captain’s intention to seek $5 million in punitive damages.

Fung – who is seeking the Republican nomination for governor – had pledged in a statement issued after the filing of Patalano’s complaint in May that the city would “vigorously defend itself against the outrageous claims” in the document.

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