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McIntyre Tate successful in Supreme Court civil rights appeal


McIntyre Tate LLP partner David J. Strachman successfully represented in the Rhode Island Supreme Court a concealed weapon permit applicant who was denied by the City of East Providence in Gadomski v. Tavares/City of East Providence. Last year the Rhode Island Supreme Court granted Gadomski's petition for writ of certiorari. After extensive briefing and oral argument, the Supreme Court granted relief and criticized the city's review of the application as "not a model of thoroughness."

Accordingly, the Supreme Court quashed the decision denial of Gadomski's application and directed the city to a new decision within 90 days. The Court indicated that Rhode Island's constitution and municipal licensing statute entitles applicants to procedural due process and accordingly "it is imperative that the local authority acts as a 'finder of fact, not a master of puppets.'" The Court also took the unusual step of retaining supervision of the case after remand.

Strachman has litigated several similar constitutional civil rights cases, which frequently are supported by local civil rights organizations.

The full text of this decision, Norman T. Gadomski, Jr. v. Joseph H. Tavares, Chief of Police for the City of East Providence, Rhode Island Supreme Court No. SU-14-0072 can be obtained here.

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