Rowinsky v. Massachusetts State Police

Commonwealth of Massachusetts
Middlesex, SS.
Superior Court
Civil Action No.

Peter Rowinski,

Plaintiff

v.

State Trooper John M. Walsh;

Joseph S. Lalli, Commissioner of Public Safety;

Jane Perlo, Secretary of Public Safety;

Colonel John DiFava, Superintendent of the Massachusetts State Police and the Commonwealth of Massachusetts;

Defendants

AFFIDAVIT OF SCOTT JENNEY

I, Scott Jenney, do depose and state as follows:

  1. My name is Scott Jenney, and I reside at 6 Shore Road, North Reading, Massachusetts.
  2. I commute regularly by bicycle and use a bicycle as a principle means of transportation
  3. On October 16, 1997, I was riding my bicycle lawfully on Route 129, Salem Street, in Reading, when state police officer Joan Conley stopped me, yelling “you are not a motor vehicle! Get off the road! You slowed down two cars!”
  4. In fact, it was Trooper Conley who obstructed traffic, by stopping in the middle of the road to yell at me. I was riding my bicycle lawfully and not obstructing anyone.
  5. Trooper Conley then demanded that I produce identification. I showed her my drivers license and she took it.
  6. My drivers license has never been returned.
  7. Two months later I received a traffic citation in the mail. [Exhibit A, hereto] The citation alleged three undefined violations of the Code of Massachusetts Regulations regarding driving on state highways. I had to contact a lawyer to find out what these alleged violations were.
  8. At the hearing on these alleged driving violations, they were all dismissed in the Malden Court.
  9. I complained about this outrageous harassment by Trooper Conley to local and state police officials. I found that Sergeant Yee was Trooper Conley=s supervisor and complained to him and I also complained to the then superintendent of the State Police, Colonel Reed Hillman.
  10. Colonel Hillman’s response came via John DiFava, then a major in charge of Troop H, Trooper Conley and Sergeant Yee’s unit. Then Major DiFava wrote me a letter dated February 13, 1998, [Exhibit B, hereto] admitting that the defendants maintained a procedure of illegally stopping and ticketing bicyclists in violation of their equal right to use state roads and ways.
  11. In response I wrote to the then Secretary of Public Safety, Kathleen O’Toole, by letter, dated February 25, 1998. [Exhibit C, hereto]
  12. I never received a response from the Secretary.

Signed and sworn under pain and penalty of perjury this day of ---, 2001

Scott Jenny