Tempest v. Remblad

CourtDistrict Court, D. Rhode Island
DecidedAugust 12, 2025
Docket1:20-cv-00523
StatusUnknown

This text of Tempest v. Remblad (Tempest v. Remblad) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tempest v. Remblad, (D.R.I. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

) RAYMOND D. TEMPEST, Jr., ) ) Plaintiff, ) ) v. ) C.A. No. 1:20-cv-00523-MSM-LDA ) RODNEY REMBLAD, et al., ) ) Defendants. ) )

MEMORANDUM AND ORDER Mary S. McElroy, United States District Judge. This Order is the latest chapter in a contested civil rights case with underlying facts beginning in 1982. Before the Court is the Defendants’ Renewed Motion to Dismiss (ECF No. 65).1 This Motion follows the close of limited discovery on “what involvement, if any, each Defendant had with the re-prosecution of Mr. Tempest from the time when the post-conviction relief application was granted in Superior Court up until the Plaintiff’s plea on December 18, 2017.” (ECF No. 41 ¶ 1.) As explained below, the Defendants’ Motion is GRANTED. I. BACKGROUND The Court assumes the reader’s familiarity with its past decision providing the relevant, often sordid, background to this case. , ECF No. 26 at 3–5. It moves

1 The Defendants’ Motion incorporates by reference past, related motions. (ECF No. 31, No. 31-1, No. 38, No. 61, No. 62.) directly into the discussion and, as necessary, weaves into that discussion the facts uncovered in discovery. II. LEGAL STANDARD

Though the Defendants have moved to dismiss under Rule 12(b)(6), a different standard now governs. Under Rule 12(d), the Court must convert the Defendants’ Motion to Dismiss (ECF No. 65 and the previously incorporated motions) into a Motion for Summary Judgment to consider the evidence that the parties supplied following the close of limited discovery. Fed. R. Civ. P. 12(d). The exhibits that the parties cite in their briefs—particularly the depositions and interrogatories—cannot

be considered on a motion to dismiss. Watterson v. Page, 987 F.2d 1, 3 (1st Cir. 1993) (“Ordinarily, of course, any consideration of documents not attached to the complaint, or not expressly incorporated therein, is forbidden, unless the proceeding is properly converted into one for summary judgment under Rule 56”). Because the parties have conducted limited discovery into the remaining issues and have relied on and provided the Court with the relevant exhibits, the Court sees Rule 12(d)’s requirement that the parties “must be given a reasonable opportunity to present all

the material that is pertinent to the motion” as already satisfied. Fed. R. Civ. P. 12(d). At the hearing, the parties all agreed with the Court about this conclusion. Summary judgment is appropriate only when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A dispute is genuine “if the evidence about the fact is such that a reasonable jury could resolve the point in the favor of the non-moving party,” and a fact is material “if it carries with it the potential to affect the outcome of the suit under the applicable law.” ., 217 F.3d 46, 52 (1st Cir. 2000). But “factual disputes that are irrelevant or unnecessary

will not be counted.” ., 477 U.S. 242, 248 (1986). A moving party is entitled to judgment as a matter of law if “no reasonable jury would favor the nonmoving party.” , 130 F.4th 1, 7 (1st Cir. 2025). “The evidence of the non-movant,” here Mr. Tempest, “is to be believed, and all justifiable inferences are to be drawn in his favor.” , 477 U.S. at 255. III. DISCUSSION

After the Court’s order dismissing most counts (ECF No. 26) and Mr. Tempest’s submission of an Amended Complaint (ECF No. 28), three counts remain. Count I asserts municipal liability under 42 U.S.C. § 1983 against the City of Woonsocket for its failure to properly train and supervise Mr. Pennington and Mr. Remblad during the relevant period. (ECF No. 28 ¶¶ 275–79.) Count II is a Rhode Island state-law abuse of process claim against all the Defendants, asserting that they were involved in and heavily influenced (1) the original prosecution of Mr. Tempest in the 1980s

and 1990s, (2) the second prosecution that began after the Rhode Island Supreme Court vacated his conviction in 2016, and (3) the threat that the Attorney General’s Office issued to Mr. Tempest to pursue an 85-year sentence and oppose parole forever if he did not take the plea offered. ¶¶ 280–306. Count III is a respondeat superior claim against the Woonsocket Police Department (“WPD”) and the City of Woonsocket for those same actions. ¶¶ 307–10. A. Count II: Abuse of Process The Court starts with Count II, the abuse of process claim. The Defendants make three main arguments: (1) that the Amended Complaint does not relate back

to the Original Complaint, (2) that the limited discovery did not yield any evidence to support the abuse of process claim, warranting judgment in their favor, and (3) that the statute of limitations bars the claim anyway. The second argument proves dispositive. 1. Relation Back The Defendants first argue that the Amended Complaint (filed in 2022) cannot

relate back to the Original (filed in 2020), mainly because the two documents lack the necessary “common core of operative facts” for relation back to apply. Mayle v. Felix, 545 U.S. 644, 664 (2005). In their view, the original claim arose from the Defendants’ conduct “in the murder investigation, the original prosecution, and the first conviction—conduct that took place in the 1980s and 1990s,” while the amended claim focuses on their “alleged influence in the decision to re-try Plaintiff in 2017— completely different conduct of which the original complaint makes absolutely no

mention.” ECF No. 31-1 at 9; see also ECF No. 38 at 2–7.2 Rule 15 establishes that an amendment to a pleading “relates back to the date of the original pleading” when “the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in

2 When citing to the parties’ briefs and record evidence, the Court refers to the ECF pagination at the top of the page, rather than the parties’ pagination. the original pleading.” Fed. R. Civ. P. 15(c)(1)(B). Courts “liberally apply” the relation back doctrine. , No. 1:17-cv-00444-MSM-LDA, 2020 WL 1083681, at *2 (D.R.I. Mar. 6, 2020) (collecting cases).

Here, the Amended Complaint relates back because the Original Complaint and the Amended Complaint focus on the same “conduct” or “occurrence,” what Mr. Tempest describes as “the threat to seek a reimposition of the 85-year sentence and forever oppose parole if Mr. Tempest did not take an Alford plea.” (ECF No. 36 at 19.) A side-by-side comparison of the complaints shows as much. ECF No. 1 ¶¶ 255–263 ECF No. 28 ¶¶ 255–263, 292–96, 303–304. The Original

Complaint generally discusses the Attorney General’s Office’s behavior in the lead- up to the plea. (ECF No. 1 ¶¶ 255–58.) The Amended Complaint builds on that by explaining the Defendants’ involvement personally and through the WPD. (ECF No.

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