Preview:

00528B

Supreme Court No. 99-523-Appeal. (NC-98-118)

Ernest Robinson v.

: :

Michael Malinoff, in his capacity as City Manager : of the City of Newport et al. Present: Williams, C.J., Lederberg, Bourcier, Flanders, and Goldberg, JJ. OPINION Bourcier, Justice. In this case, Ernest Robinson (Robinson) appeals from the entry of summary judgment on counts 1 and 2 in his civil action complaint against the City of Newport and its city manager (collectively city). In those two counts he had sought injunctive and other relief to preclude the city from turning over to a local newspaper, the Newport Daily News, for inspection, his personnel file and internal police department investigation materials that had been completed while he was a member of the Newport police department (NPD). The summary judgment appealed from was granted in favor of an intervenor, Edward A. Sherman Publishing Company, the owner of the local newspaper.1 For the reasons hereinafter set out, we sustain Robinson's appeal.

I
1

The newspaper earlier had published articles concerning a young college student's report to the police department alleging that she had been sexually assaulted by Robinson and, that a Newport grand jury had considered that alleged incident and had refused to return an indictment against Robinson. 1

00528B Case Travel and Facts The facts of this case are largely undisputed. Robinson had been an officer with the NPD since March 27, 1995. On December 4, 1997, the NPD notified Robinson that he was the subject of certain disciplinary complaints. Pursuant to his statutory right under the Law Enforcement Officers' Bill of Rights Act, G.L. 1956 chapter 28.6 of title 42 (OBR), Robinson requested a hearing before a disciplinary committee. On December 9, 1997, prior to any hearing, Robinson's attorney met with certain Newport officials, who informed him that the subject matter and facts of the disciplinary complaints would remain confidential if Robinson resigned from the NPD. The next day, on December 10, pursuant to that agreement, Robinson resigned. Following Robinson's resignation, the Newport Daily News, a newspaper circulated largely in the Newport area and published by the Edward A. Sherman Publishing Company (Sherman), through its staff writer Janine Landry, requested from the city "all reports of investigations concerning Robinson."

Robinson, on March 19, 1998, after learning that the city intended to release a public statement concerning the disciplinary complaints that had been brought against him, filed a three-count complaint against the city in the Newport Superior Court. In that civil action, he sought to enjoin the city, both temporarily and permanently, from disclosing any information from his personnel file about the disciplinary investigations concerning his job performance. In his complaint, Robinson sought injunctive relief based on applicable provisions in the OBR,

Download 99-523.pdf

Rhode Island Law