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Ex-city woman sues police




ATTLEBORO - A former city woman has filed a federal lawsuit alleging her rights were violated by Attleboro police officers who she said ordered her to leave her home and later arrested her after insisting that she hand over her 11-month-old baby to her boyfriend.

The officers also filed a complaint against the mother with state child welfare workers, which the lawsuit claims was later found to be unsubstantiated.

Yulanda Kiner, 35, of Pawtucket, filed suit alleging that police came to her home Feb. 7, 2004, at the request of her boyfriend who had come to gather some of his belongings during a troubled time in their relationship. The boyfriend also requested that Kiner move out of their home as soon as possible.

Kiner said two officers, Timothy Rioux and James Dufort, entered her home and that one of the officers told her to leave the house within 48 hours.

The lawsuit alleges that one of the policemen told Kiner to "shut up" when she begged for more time, and that when she refused, she was handcuffed and taken to the police station. The woman's boyfriend also asked police not to arrest her, the lawsuit says.

Kiner was charged with disturbing the peace and resisting arrest, and was immediately bailed, according to her attorney, Barbara J. Dougan of Boston. Dougan said the charges were dismissed.

The lawsuit charges false arrest and imprisonment, and that Kiner's rights were violated. Dougan said her client is seeking unspecified monetary damages.

Police Chief Richard Pierce said he had not seen the lawsuit and could not comment.

Rioux is no longer a member of the Attleboro police department.

Dougan said police went beyond their authority in ordering Kiner to move out, and that the charge of disturbing the peace was inappropriate.

"Think about what this means," said Dougan, who is affiliated with the Lawyers Committee for Civil Rights Under Law of the Boston Bar Association.

"Without any authority to do so, police officers ordered a woman and her baby to move from their home," Dougan said.

"When the mother objected, she was arrested for disturbing the peace, meaning she supposedly created a public disturbance. Yet she was in her own home."

Kiner's lawsuit names the city as well as both officers as defendants. Dougan said the defendants will have 20 days to reply to the complaint under court rules. RICK FOSTER can be reached at 508-236-0360 or at rfoster@thesunchronicle.com.

 


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