Wilbur W. Jennings Jr.

115 Sinclair Avenue
Providence, Rhode Island, 02907
Tel: 401-461-3617 – Cell: 401-595-9216

Colonel Dean Esserman

Chief of Police

325 Washington Street

Providence, Rhode Island 02903

webmaster@providencepolice.com

401-272-3121 x243 subx 6109 / 6110

RE: November 7^th Police Action at polls during Federal, State and Local election

COMPLAINT

Summary:

The basis of the following is that the Federal and State constitutional and civil rights of Wilbur W. Jennings and others were violated when a Providence Police Officer blindly followed the orders of Mayor David N. Cicilline to remove Jennings from outside a poll during a Federal Election for his own purposes. The removal was done by threatening arrest of Jennings without a warrant, on a supposed charge of a misdemeanor which was not committed in the officer’s presence. Impartial witnesses are now on record that it was the Mayor who was disruptive and disorderly in the polling place, not Jennings.

FACTS:

1. Complainant is Wilbur W. Jennings, Jr., the Democratic Ward 8 Committee Chairman who resides at 115 Sinclair Street in Providence.

2. During the election on November 7th, at the Reservoir Fire Station polling place, an elderly couple, known to Wilbur W. Jennings as voters who live in that ward and were eligible to vote appeared at the polls who claimed they could not vote without assistance.

3. The disability voting machine were not working, so Jennings approached the warden, Ed Hicks and asked how to go about assisting the senior citizens with voting as they requested.

4. The warden agreed this was permitted, explained the procedure and provided an affidavit to be filled out by the couple and by Jennings as the person assisting.

5. Mayor David N. Cicilline was at the polling place and objected, claiming that Jennings would be "voting FOR the person."

6. When Warden Hicks began to explain the procedure again for the Mayor, Cicilline challenged him loudly to the growing crowd. He then demanded Jennings not proceed with assisting. When Jennings told Cicilline that he would help the people anyway, Cicilline loudly told Jennings and the growing crowd of onlookers that he would contest the election if Jennings did this, and he would have Jennings arrested.

7. Cicilline repeated the arrest threat loudly a number of times and that he would challenge the election a second time while inside the polling place in the presence of people voting in the Local, State and Federal Election.

8. Cicilline and Jennings went outside and the conversation concluded with Jennings continuing to say that people could be assisted in voting. Representative Slater concurred with Jennings when directly and publicly asked by Jennings during this time but was separate and apart from the crowd gathered.

9. Jennings went over to the other side of the polling entrance to speak with someone, was lawfully 50 feet from the poll, and had not yet re-entered the poll when Providence Police arrived.

10. The white officer immediately approached the Mayor and spoke with him first. He then went over to Jennings and told him to leave or he would be arrested.

11. Jennings asked what he had done wrong, but was told aggressively that he would be arrested if he did not leave.

12. The white complexioned police officer made no attempt at inquiry or investigation on the actual facts or inquire inside with witnesses.

13. The officer had seen no incident of any kind, and acted solely on allegations of a misdemeanor made by the white Providence Mayor, David N. Cicilline. The officer threatened Jennings freedom to get him to leave without any evidence or investigation.

14. Jennings is a black complexioned man.

15. The police officer did not hesitate to threaten arrest despite no evidence being present to support this kind of misdemeanor arrest.

16. Mayor Cicilline had bragged earlier in the polls to Warden Hooks that he was an attorney.

17. Mayor David Cicilline was a prominent criminal defense attorney prior to his election as mayor, and knew he was ordering Jennings’ rights to be violated by Providence Police.

18. The Officer in joining the department would have sworn an allegiance to and/or to defend the United States Constitution, the Rhode Island Constitution and the City Charter.

19. The RI State Constitution, Article 1, section 14 assures a presumption of innocence, and barring the officer witnessing any offense that would merit arrest, such threat should not have been made despite the orders of the Mayor.

20. Jennings left the scene in humiliation but peaceably to mitigate damage to his reputation and character, which is protected under the Rhode Island Constitution, Article 1 section 5.

21. Subsequent to the incident, the Republican Watcher at the polling place provided an affidavit stating clearly that it was the Mayor who was disruptive and disorderly, not Jennings. See exhibit A attached.

22. Subsequent to the incident, the Providence Journal wrote a story on the matter with comments from the Mayor. See exhibit B attached.

23. Jennings has been unable to determine who the officer was that was dispatched to threaten him with arrest, and relies on Chief Esserman to help penetrate the veil of secrecy surrounding his identity.

Whereas:

1. Jennings’ Federal right to assemble peaceably and of free speech were stolen from him under threat of arrest by a Providence Police Officer so the mayor could exert control over a federal election for his own purposes and cause willful damage to Jennings’ character.

2. Jennings’ RI State right to assemble peaceably and of free speech was stolen from him under threat of arrest by a Providence Police Officer so the mayor could exert control over a state and local election for his own purposes and cause willful damage to Jennings’ character.

3. The officer had a sworn duty and an obligation to protect Jennings rights regardless of Jennings’ race, color or creed and ensure equal protection of the law under Federal, State and Local laws he was sworn to uphold.

4. That Jennings was the subject of discrimination and denied equal protection of the law by the officer because of his skin color.

5. That the officer at the very least should have relied on his police training and made an attempt at a responsible inquiry of the facts.

6. That the officer should have informed the Mayor he could not legally affect an arrest on a misdemeanor if it was not committed in his presence.

7. That the officer should have informed the Mayor he was calling his sergeant, and would not act to create a legal liability for the city or his department by violating the constitutional and civil rights of a peaceful citizen by arresting or unjustly threatening arrest simply on orders of a member of the bar association turned mayor who knew what he was ordering was illegal.

Therefore :

1. Jennings’ requests Chief Esserman take up this matter personally to ensure his officer is properly RE-trained and understands his duty and the legal liability created by such actions in the future.

2. Jennings also requests that Chief Esserman act without prejudice or thoughts to political expediency by investigating fairly and promptly and then acting to protect the civilian citizens of Providence so this kind of incident can not happen again.

3. Jennings requests an official public apology from the Providence Police Department for the behavior of this officer, and the indignities suffered by Jennings’ made in such a way as to help send a message and reassure the community that the Providence Police Department enforces valid laws with equal protection for all, and not simply based on Mayoral whims or political expediency.

4. Jennings requests an official apology from the individual officer involved, and trusts that there will be no further retaliation against him whether ordered by the Mayor or others.

Signed under penalty of perjury, this ______ of November, 2006.

________________________________________
Wilbur W. Jennings Jr.