Feel The Pain : P&W Loses $319,558.95 In Trespassing Case.

[wallyworld]

Here is a good example of the boundary that was apparently crossed when railroad police become overly aggressive in their protection of a road’s property. It makes me wonder if there are other such cases having occurred elsewhere.
A fellow by the name of George O Leary has successfully sued the Providence and Worchester RR for several civil rights violations, having been arrested by the road’s police for allegedly trespassing on P&W property at Providence, Rode Island on February of 1996. He was awarded an incredible $319,558.95 plus daily interest accrued at 12%. Outside of the $10,000.reimbursement for legal expenses, the remainder of the award was for pain and suffering, embarrassment and punitive damages. Ouch. Does anyone know the details of this interesting case? Was he a rail fan? The road is considering taking this case to appeal at the state’s Supreme Court.

[Anonymous]

Ya...like.....MAJOR OUCH!?[:O].
BNSFfan.

[Big_Boy_4005]

Gee, I was hoping the case would have been post 9/11, but this is interesting anyway. I would love to hear more details. As much as I love the railroads, and hate to see them have to pay out in lawsuits, this could be a precident setting case with possible ramifications for post 9/11. That's why the details are important.

Power to the people? GO RAILFANS!!!

[RudyRockvilleMD]

I have some questions about this settlement. What are the details behind this case? The settlement seems to be excessive if this is a only a false arrest case. Why did the Providence & Worcester announce this settlement itself? Why did the Providence & Worcester deactivate its police force in 2001? Further, what is the period for the interest rate, 12% per year, 12 % per month, or what? At 12% per month the interest would be twice the settlement. Is interest usually added to civil judgements, and if so what is the usual interest rate?

I understand the judge cut the settlement by $500, but still that's quite a judgement assuming it is upheld if the Providence & Worcester appeals it.
But more important, it could send a message to railroad security personnel to be careful about citing railfans or others who are near their railroad's property.

[wallyworld]

I am still trying to find the facts behind this story but have not had much success. I was hoping by posting this as a topic, someone else could supply the details which I lacked.
That does'nt seem to be the case.

[RudyRockvilleMD]

Wally:
I'm beginning to think this never happened, but I can't say why.