Case: Lopera v. Town of Coventry

1:08-cv-00123 | U.S. District Court for the District of Rhode Island

Filed Date: April 7, 2008

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On April 7, 2008, twelve individuals, all represented by private counsel, filed a civil rights lawsuit in the U.S. District Court of Rhode Island against the town of Coventry and individual members of the town's police force (Police). Plaintiffs brought suit under 42 U.S.C. § 1983 and state law alleging denial of due process and equal protection, unreasonable search and seizure, invasion of privacy, racial profiling and race/national origin intimidation.Specifically, plaintiffs, Hispanic member…

On April 7, 2008, twelve individuals, all represented by private counsel, filed a civil rights lawsuit in the U.S. District Court of Rhode Island against the town of Coventry and individual members of the town's police force (Police). Plaintiffs brought suit under 42 U.S.C. § 1983 and state law alleging denial of due process and equal protection, unreasonable search and seizure, invasion of privacy, racial profiling and race/national origin intimidation.

Specifically, plaintiffs, Hispanic members of the Central Falls High School boys soccer team, claimed that they were treated improperly when traveling to Coventry, a predominately white neighborhood, for a high school soccer game. When the game was over, members of the home team stopped the Central Falls coach and accused his team of stealing electronic devices from the locker room. The coach searched his players' bags but found nothing. The police arrived on the scene, blocking the team's bus, and asked the coach if they could search the players. The coach consented. The police searched the boys' property as members of the Coventry community looked on and shouted racist epithets and accused the boys of theft. The search lasted approximately one hour and none of the allegedly stolen items were found.

On September 9, 2009, the district court (Judge William Smith) granted defendants' motion for summary judgment on the basis of qualified immunity. The district court held that the plaintiffs could not overcome qualified immunity in their claims. On the Fourth Amendment claim, the court found plaintiffs' case to be insufficient to overcome qualified immunity because the police officers did not violate the plaintiffs' clearly established rights, because the coach may have been acting in loco parentis when he consented to the police officers' request to search members of the team and their belongings. The court also held that the plaintiffs' invasion of privacy claim arose out of conduct for which the police officers were immune from suit. On the Equal Protection claim, the court held that the plaintiffs failed to show that the officers had a racial motive, even if they exhibited poor judgment in searching the boys in front of an angry crowd; for the same reasons, the court granted summary judgment for the defendants on the plaintiffs' state racial profiling claim. Finally, the court held there was insufficient evidence for plaintiffs' claim of supervisory and municipal liability.

Plaintiffs appealed to the First Circuit. On April 1, 2011, the Circuit Court (Chief Judge Lynch, Judge Selya, and Judge Thompson) upheld the district court's grant of summary judgment. The appellate court found that the officers' conduct was subject to qualified immunity. As to the plaintiffs' Fourth Amendment and state privacy claims, the court found that it was not unreasonable for the officers to consider the coach's consent to search the team. The court also held that the plaintiffs could not overcome qualified immunity on their equal protection and state discrimination claims.

Summary Authors

Marcy Blattner (2/21/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4379564/parties/lopera-v-town-of-coventry/


Judge(s)

Lynch, Sandra Lea (Massachusetts)

Martin, David L. (Rhode Island)

Attorney for Plaintiff

Bejma, Vicki J. (Rhode Island)

Attorney for Defendant

Corcoran, Karen K. (Rhode Island)

DeSisto, Marc (Rhode Island)

Documents in the Clearinghouse

Documents in this case

1:08-cv-00123

Docket [PACER]

June 2, 2011

June 2, 2011

Docket
1

1:08-cv-00123

Complaint and Jury Trial Demand

April 7, 2008

April 7, 2008

Complaint
24

1:08-cv-00123

Complaint and Jury Trial Demand

Dec. 29, 2008

Dec. 29, 2008

Complaint
25

1:08-cv-00123

Defendant's Motion for Summary Judgment

March 10, 2009

March 10, 2009

Pleading / Motion / Brief
28

1:08-cv-00123

Plaintiff's Objection to Motion for Summary Judgment

April 27, 2009

April 27, 2009

Pleading / Motion / Brief
31

1:08-cv-00123

Defendants' Supplemental Memorandum of Law in Support of Motion for Summary Judgment

June 9, 2009

June 9, 2009

Pleading / Motion / Brief
34

1:08-cv-00123

Plaintiffs' Reply to Defendants' Supplemental Memorandum

July 16, 2009

July 16, 2009

Pleading / Motion / Brief
35

1:08-cv-00123

Opinion

Sept. 9, 2009

Sept. 9, 2009

Order/Opinion

652 F.Supp.2d 203

36

1:08-cv-00123

Judgment

Sept. 11, 2009

Sept. 11, 2009

Order/Opinion
00116004296

09-02386

Brief for Plaintiffs-Appellants

U.S. Court of Appeals for the First Circuit

Jan. 19, 2010

Jan. 19, 2010

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4379564/lopera-v-town-of-coventry/

Last updated Aug. 25, 2026, 1:32 p.m.

Docket for: Lopera v. Town of Coventry
ECF Number Date Description Link
1 April 7, 2008

COMPLAINT against Town of Coventry, Kevin P Harris, Kevin Kennedy, David Nelson, Stephen A Michailides, Brian J. O'Rourke, Ronald E DaSilva ( Filing fee $ 350 receipt number 68415.), filed by William Ruiz, Pedro Hernandez, Luis E Ardila-Lazaro, Brian Ocampo, Stephen Patino, Juan Lopera, Joulder Salazar, Milton Jr Ricuarte, Marlon Giraldo, Mauricio Espinal, Hector Cardona, Steven Giraldo. (Attachments: # (1) Civil Cover Sheet)(Baldinelli, Doreen)

1 Civil Cover Sheet

View on RECAP

RECAP
2 April 24, 2008

NOTICE of Appearance by Marc DeSisto on behalf of all defendants (DeSisto, Marc)

RECAP
3 April 24, 2008

ANSWER to [1] Complaint, by Town of Coventry, Kevin P Harris, Kevin Kennedy, David Nelson, Stephen A Michailides, Ronald E DaSilva, Brian J O'Rourke.(DeSisto, Marc)

RECAP
4 April 24, 2008

NOTICE of Hearing: Rule 16 Conference set for 6/10/2008 at 9:30 AM in Judge Smith Chambers before Judge William E Smith. (Baldinelli, Doreen)

RECAP
5 June 4, 2008

RULE 16 STATEMENT by all plaintiffs. (Bejma, Vicki)

RECAP
6 June 9, 2008

PRETRIAL ORDER. All fact discovery must be completed by 11/10/08; dispositive motions must be filed by 11/10/08; pretrial memoranda are due 30 days after a decision on any dispositive motions, or if no dispositive motions are filed, by 11/24/08. So Ordered by Judge William E Smith on 6/9/08. (Marseglia, Patricia)

RECAP
7 June 12, 2008

STIPULATION regarding acceptance of service by all parties. (Bejma, Vicki)

RECAP
8 June 18, 2008

SETTLEMENT CONFERENCE ORDER AND NOTICE OF SETTLEMENT CONFERENCE, ( Settlement Conference set for 7/1/2008 02:00 PM in Magistrate Judge Martin Chambers - Room P-285 before Magistrate Judge David L. Martin.). So Ordered by Magistrate Judge David L. Martin on 6/18/08. (Saucier, Martha)

RECAP
9 June 30, 2008

MOTION for an Extension of Time Continue Settlement Conference, MOTION to Continue by all plaintiffs. Responses due by 7/17/2008 (Bejma, Vicki)

RECAP
10 Aug. 5, 2008

STIPULATION re [3] Answer to Complaint by all parties. (DeSisto, Marc)

RECAP
11 Aug. 8, 2008

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Town of Coventry served on 4/14/2008, answer due 5/5/2008. (Bejma, Vicki)

RECAP
12 Aug. 8, 2008

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Ronald E DaSilva served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

RECAP
13 Aug. 8, 2008

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Stephen A Michailides served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

RECAP
14 Aug. 8, 2008

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Kevin P Harris served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

RECAP
15 Aug. 8, 2008

SUMMONS Returned Executed by Luis E Ardila-Lazaro. David Nelson served on 4/9/2008, answer due 4/29/2008. (Bejma, Vicki)

RECAP
16 Aug. 8, 2008

SUMMONS Returned Executed by Luis E Ardila-Lazaro. Kevin Kennedy served on 7/30/2008, answer due 8/19/2008. (Bejma, Vicki)

RECAP
17 Aug. 25, 2008

STIPULATION Enlarging time by all parties. (Bejma, Vicki)

RECAP
35 Sept. 11, 2009

DECISION AND ORDER granting 25 Motion for Summary Judgment filed by all defendants. So Ordered by Judge William E. Smith on 9/9/09. (Jackson, Ryan)

RECAP

Case Details

State / Territory:

Rhode Island

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 7, 2008

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are individual high school students on their school soccer team

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Town of Coventry

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

District of Rhode Island 1:08-cv-00123

U.S. Court of Appeals for the First Circuit 09-02386

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Racial profiling

Discrimination Basis:

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Recommended Citation