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Johnston Man Agrees to Permanent Injunction in Civil Rights Case

Attorney General Peter Kilmartin today announced that Vincent B. Smith, of 39 Dale Avenue, Johnston, has signed a consent judgment and a permanent injunction in the civil rights violation case brought against Mr. Smith by the Office of Attorney General on behalf of Jennifer L. Piscione and Roger R. Ditusa. The consent judgment and permanent injunction were entered today by Superior Court Justice Walter R. Stone.

The permanent injunction restrains and enjoins Mr. Smith from assaulting, threatening, intimidating, interfering with, molesting, harassing, annoying and/or contacting Ms. Piscione, any lessee or tenant of Ms. Piscione, Roger DiTusa, or any member of the immediate family of Ms. Piscione and/or Mr. DiTusa.

The injunction also restrains Mr. Smith from entering, damaging, or otherwise interfering with the peaceful use and enjoyment of the property of Ms. Piscione, any lessee or tenant of Ms. Piscione, and Mr. DiTusa. Should Mr. Smith violate the injunction, the State may proceed against him, seeking he be held in contempt of Court and assessed a civil penalty.

The complaint alleged that Mr. Smith engaged in a continuing pattern and practice of racial, homophobic and sexist statements and actions.

Mr. Smith is currently being held without bail at the ACI on a bail violation related to the vandalism charge brought forward by the Johnston Police. He was again arrested by the Johnston Police on a separate criminal charge of domestic violence while on bail for the vandalism charge. A status conference is scheduled for Thursday, April 7th, in Kent County District Court (Courtroom 2B). The General Assembly created the Office of Civil Rights Advocate in 2005, responsible for training and education, reviewing civil rights complaints, conducting investigations, and bringing civil actions. The statute requires use of force or violence, property damage, or the threat thereof, which interferes with a person’s federal or state’s constitutional or statutory rights. If these facts and circumstances are present, the Attorney General may bring a civil action in the name of the state or on behalf of the aggrieved persons seeking an injunction, monetary penalty up to $5,000 and other appropriate action.

Assistant Attorney General Thomas A. Palombo serves as the Civil Rights Advocate. This is the third civil rights case brought by the Office of the Attorney General since the creation of the Office of Civil Rights Advocate.

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