Rowinsky v. Massachusetts State Police
Commonwealth of Massachusetts
Civil Action No.
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;
AFFIDAVIT OF SCOTT JENNEY
I, Scott Jenney, do depose and state as follows:
- My name is Scott Jenney, and I reside at 6 Shore Road, North Reading, Massachusetts.
- I commute regularly by bicycle and use a bicycle as a principle means of transportation
- 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!”
- 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.
- Trooper Conley then demanded that I produce identification. I showed her my drivers license and she took it.
- My drivers license has never been returned.
- 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.
- At the hearing on these alleged driving violations, they were all dismissed in the Malden Court.
- 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.
- 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.
- In response I wrote to the then Secretary of Public Safety, Kathleen O’Toole, by letter, dated February 25, 1998. [Exhibit C, hereto]
- I never received a response from the Secretary.
Signed and sworn under pain and penalty of perjury this day of ---, 2001