Judge weighs dismissal of part of Young case
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PROVIDENCE — U.S. District Judge Mary M. Lisi yesterday said she might reverse course and toss out a wrongful-death claim brought by the mother of slain police Sgt. Cornel Young Jr. The wrongful-death claim is based on state law and it’s separate from the federal civil-rights claims that Leisa E. Young has also filed against the City of Providence. But Lisi is handling both the state and federal claims. Defense lawyers yesterday asked Lisi to throw out all of Young’s case or at least parts of it. The judge said she would rule on those motions tomorrow. The civil trial’s second phase had been scheduled to begin tomorrow, but now the jury is not expected to return until Thursday. While Lisi issued no rulings yesterday, she provided one indication of what she intends to do. At the outset of yesterday’s proceedings, Young’s lawyer Robert B. Mann noted that on July 1 Lisi had rejected a defense motion asking her to throw out the wrongful-death claim. But Lisi told Mann that she had done some additional research in preparation for yesterday’s hearing. “And I have some concerns about my previous ruling,” she said. “In fact, since you’ve raised it, I will tell you that is my intention at this point to withdraw that portion of my memorandum and order. |