City of Woonsocket et al.
For Defendants: Krista J. Schmitz, Esq. Arthur M. Read II, Esq.
Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
The plaintiff, Hakeem Pelumi, appeals pro se from the Providence County Superior Court's May 9, 2016 grant of summary judgment in favor of the City of Woonsocket and the following city officials who were sued in their official capacities only: Thomas Bruce (Treasurer); Thomas Carey (Chief of Police); and Edward Doura (Patrol and Arraigning Officer) (collectively, the Woonsocket defendants). The plaintiff also appeals from the January 12, 2015 decision granting the motion to dismiss all claims against defendant Richard Finnegan, a bail commissioner, who was sued in both his official and individual capacities. This case came before the Supreme Court for oral argument on February 7, 2018 pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After a close review of the record and careful consideration of the parties' arguments (both written and oral), we are satisfied that cause has not been shown and that this appeal may be decided at this time.
We begin by briefly summarizing the most pertinent underlying facts. On July 3, 2007, a Woonsocket police officer arrested plaintiff and charged him with disorderly conduct in violation of G.L. 1956 § 11-45-1. On July 4, 2007, after appearing before Bail Commissioner Finnegan at the Woonsocket Police Station, plaintiff was released on personal recognizance, at which time Mr. Finnegan collected a $50 "[b]ail [c]ommissioner's fee" from plaintiff. Subsequently, on July 23, 2007, plaintiff pled nolo contendere to the underlying charge, received a six-month suspended sentence, with probation, and was ordered to pay court costs.
After having filed an initial complaint in Superior Court on July 1, 2010, plaintiff filed an amended complaint in August of that year alleging that, during the July 4, 2007 bail hearing, Mr. Finnegan and the Woonsocket defendants committed acts constituting "negligence, " "deprivation, " and violations of 42 U.S.C. § 1983 when Mr. Finnegan "unlawfully, willfully, negligently, and discriminatingly stole money from the Plaintiff * * * while other officers [were] watching and laughing * * *." (Internal quotation marks omitted.) The plaintiff alleged that he suffered "[h]umiliation, * * * emotion[al] distress, * * * [f]ear, * * * [l]oss of confidence, and police phobia, " and he requested that he be awarded compensatory and punitive damages.
In February of 2014, Mr. Finnegan filed a motion to dismiss all claims against him based on the doctrine of judicial immunity. Thereafter, in April of 2014, the Woonsocket defendants and Mr. Finnegan filed separate motions for summary judgment. A justice of the Superior Court conducted a hearing on all three motions on May 22, 2014; and, in a written decision issued on January 12, 2015, he granted Mr. Finnegan's motion to dismiss. Additionally, the hearing justice granted the Woonsocket defendants' motion for summary judgment as to four counts, but he denied their motion as to two counts. After conducting additional discovery, the Woonsocket defendants again moved for summary judgment on the remaining counts. After a hearing, that motion for summary judgment was granted on May 9, 2016; and plaintiff timely appealed.
It is clear to us that plaintiff's perfunctory, one and one-half page submission to this Court falls woefully short of what is required by our rules. The plaintiff has pointed to no material errors that occurred at the nisi prius level, nor has he cited to any facts in the record or legal authority that would make such error readily apparent. It is a basic principle of appellate practice that "[s]imply stating an issue for appellate review, without a meaningful discussion thereof or legal briefing of the issues, does not assist the Court in focusing on the legal questions raised, and therefore constitutes a waiver of that issue." Giammarco v. Giammarco, 151 A.3d 1220, 1222 (R.I. 2017) (mem.) (internal quotation marks omitted). Where a plaintiff has failed to develop any argument grounded in specific facts and pertinent legal argumentation, this Court will "decline to scour the record to identify facts in support of the plaintiff's broad claims, and * * * will not give life to arguments that the plaintiff has failed to develop on his own." McMahon v. Deutsche Bank National Trust Co., 131 A.3d 175, 176 (R.I. 2016) (mem.); see also Riley v. Stone, 900 A.2d 1087, 1098 n.14 (R.I. 2006).
We are aware of plaintiff's status as a pro se litigant. See Jacksonbay Builders, Inc. v. Azarmi, 869 A.2d 580, 585 (R.I. 2005) ("It is the right of litigants to represent themselves, although by doing so they assume a very difficult task."). Although we seek to be reasonably accommodating to such litigants, we "cannot and will not entirely overlook established rules of procedure, adherence to which is necessary [so] that parties may know their rights, that the real issue in controversy may be presented and determined, and that the business of the courts may be carried on with reasonable dispatch." Id. (internal quotation marks omitted).
Accordingly, given the completely undeveloped nature of plaintiff's arguments on appeal and his failure to meaningfully inform this Court and defendants of the errors which he claims were committed below, we conclude that plaintiff has waived the right to appellate review. See Nuzzo v. Nuzzo Campion Stone Enterprises, Inc., 137 A.3d 711, 717 (R.I. 2016) (declining to address an argument raised by an appellant on appeal due to his failure to have "directed our attention with specificity to any [alleged] error * * *"); see also Giddings v. Arpin, 160 A.3d 314, 316 (R.I. 2017) (mem.) ("Given the cursory and undeveloped nature of [plaintiff's] prebriefing statement, and its failure to apprise either this Court or the defendant of the issues he is arguing on appeal, we deem these issues waived."); Town Houses at Bonnet Shores Condominium Association v. Langlois, 45 A.3d 577, 584 (R.I. 2012) (indicating that the appellant's contentions on appeal were "meritless because they were not sufficiently developed in his written submissions to this Court").
Before concluding, we pause to unequivocally inform the plaintiff that he has had his day in court-and then some! There comes a point when it is time to write "the end" with respect to a particular piece of litigation, and that point has certainly been reached with respect to the instant case. See, e.g., Estate of Mitchell v. Gorman, 970 A.2d 1, 6 (R.I. 2009) ("[I]t is time to bring this matter, at long last, to its conclusion."); Palazzo v. Alves, 944 A.2d 144, 155 (R.I. 2008) ("There is nothing more to be said; this case is over."); Arena v. City of Providence, 919 A.2d 379, 396 (R.I. 2007) ("It is time for this litigation to end."); Northern Trust Co. v. Zoning Board of Review of Town of Westerly, 899 A.2d 517, 520 (R.I. 2006) (mem.) ("The time has come for this litigation to end.").


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Apple provides BCS to You for Your use as a registered business and/or CSP to receive or send messages to users and does not provide BCS directly to any Apple Messages app user. You acknowledge and agree that messages are deemed to be sent by You, not Apple, to the Apple Messages app user and You are solely liable and responsible for any data or content transmitted therein and for any such use of BCS.
Apple makes no guarantees in relation to the availability or uptime of BCS and is not obligated to provide any maintenance, technical support or other support for BCS. Apple reserves the right to remove Your access to BCS, limit Your use of BCS or revoke Your BCS ID at any time in its sole discretion without any liability, obligation to provide notice or an opportunity to cure any deficiency. You understand there may be storage capacity, transmission and/or transactional limits that govern use of BCS. If You or Your Apple Messages app user reaches such limits, then You or Your Apple Messages app user may be unable to use BCS or may be unable to access or retrieve data from BCS. The Service is not available in all countries and Apple makes no representation that it will be available for use in any particular location. To the extent You choose to access and use BCS, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to local laws.
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Apple reserves the right to charge fees for Your use of BCS. Apple will inform You of any Apple service fees or fee changes by email and information about such fees will be posted on the BCS web portal and/or Apple Business Register.
4.8 Marketing and Promotion. Apple may use graphics, assets and/or designs that depict Your public-facing implementation of BCS for promotion and/or marketing purposes.
"Documentation" means any technical or other specifications or documentation that Apple may provide to You for use in connection with the Indoor Service.
"Guidelines" means the Indoor Service usage guidelines set forth herein and at and/or the other guidelines published at register.apple.com.
"Indoor Service" means the indoor mapping or location services and information or tools Apple may provide or make available to You under these Service Terms, including Updates (if any) that may be provided to You by Apple.
"Survey Work" means the performance of site surveys of authorized areas of Your Venue by Apple or third parties working with Apple using survey technology.
"Updates" means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of any part of the Indoor Service.
"Your Venue" means the venue, facility, building, or business location owned, operated, and/or controlled by You.
"Your Venue Data" means any information about Your Venue or Your business that You submit to Apple as part of the Indoor Service, including, without limitation, maps, floor plans, imagery, documents, addresses, business contact information, business hours of operation, and geographic location(s).
As part of the Indoor Service, You may upload or provide Your Venue Data to Apple. Do not upload or provide Your Venue Data unless You have the right to do so and are able to grant Apple the rights to use Your Venue Data as outlined herein. You grant Apple and its Affiliates a non-exclusive, irrevocable, paid-up, royalty-free, worldwide license (i) to use, reproduce, modify, display, and create derivative works of Your Venue Data (including but not limited to the right to compile Your Venue Data into a database that includes data from other sources) for use in or in conjunction with any Apple Products, including any marketing and promotional materials related thereto, and for use internally by Apple; and (ii) to distribute (directly or indirectly through a chain of distribution) Your Venue Data and/or Apple's derivative works thereof in or for use in conjunction with any Apple Products, any marketing and promotional materials related thereto, and for use internally by Apple. The foregoing rights include but are not limited to the right to enable third parties to access and use Your Venue Data through any Apple Products for use in conjunction with any third-party products, such as those of Apple's third-party developers. Apple may use Your Venue Data to conduct Survey Work and to create maps of and locations services within Your Venue, as well as share Your Venue Data with third parties working with Apple (e.g., to conduct Survey Work or otherwise assist Apple in mapping activities). Apple may collect the same or similar information contained in Your Venue Data from any of Your publicly available websites or applications in order to further the freshness and accuracy of the information presented in Apple Products, provided that Apple will not interfere with, harm, or degrade the quality or operations of any such websites or applications during such collections.
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(b) in the case of the Survey Work, You have the authority to grant Apple access to Your Venue to conduct the Survey Work.
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1. Relationship With Apple; Apple ID and Password. You must be of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on your own behalf. If you are entering into this Agreement on behalf of your company, organization, or government agency, you must have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement. An Apple ID is required to access Businesses on Maps and to set up your account. You are responsible for maintaining the confidentiality of your Apple ID and password and for any activity in connection with your Businesses on Maps account.
2. Use of the Businesses on Maps service; Changes and Availability. As a Businesses on Maps user, Apple may offer you access to certain services or information in relation to content associated with your business or venue ( "Services"). Such Services are only for use in connection with those businesses or entities that are associated with your Businesses on Maps account. You are solely responsible for all costs, expenses, taxes, and activities undertaken by you in connection with your use of the Businesses on Maps site and Services and any related efforts. Apple may change, suspend, limit, or discontinue your use of the Services at any time without notice or liability. The Businesses on Maps site may enable access to the Apple Maps service and other Apple or third party services and content. Use of such services may require an Apple ID and be subject to additional terms and conditions. The Services are not available in all languages or in all countries and Apple makes no representation that the Services are appropriate or available for use in any particular location. To the extent you choose to access Businesses on Maps service and use the Services, you do so at your own initiative and agree to use the site and Services only as permitted by this Agreement and any applicable law or regulation (including any local laws), as well as any additional policies or guidelines Apple may make available on the site.
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(b) all information and Content you provide to Apple will, to the best of your knowledge and belief, be current, true, accurate and complete and you will promptly notify Apple of any changes or updates.
4. Floor Plans. If the Content you provide includes any indoor floor plans (including CAD files, jpg's, PDFs, etc.) of your business or venue, Apple may use the floor plans to conduct site surveys and provide maps and location-based services for your venue within Apple products and services. Following an evaluation of any floor plans that you submit through the Services, Apple may contact you to discuss the possibility of a site survey to identify the existing condition of public areas and radio frequency signals within your venue. Apple may also share the floor plans with third parties to conduct any such site surveys or otherwise assist Apple in mapping your venue. If you and Apple have entered into a separate written agreement governing the use of your floor plans or performance of surveys, then the terms of that written agreement will govern in the event of a conflict with this Section 4.
5. Apple Materials. As part of the Services, Apple may from time to time supply you with certain Apple proprietary software, tools, data, and other materials to assist with Apple's use and processing of your Content ( "Materials"). You agree that any Materials that Apple provides to you as part of the Services are licensed to you hereunder and shall be used by you only in accordance with the terms and conditions of this Agreement and any separate license agreement that may accompany the Materials.
6. Restrictions . You agree not to exploit the Businesses on Maps service or any Services provided to you as a registered Businesses on Maps user in any unauthorized way, including but not limited to, by trespass, burdening network capacity, using the site or Service to transmit any computer viruses or other malware, or otherwise interfering with other users' enjoyment of the site or Services. You agree not to upload or provide floor plans on non-public buildings (such as private residences or secured buildings), floor plans of national defense or government security areas, images of people, illegal or inappropriate content or information, or content or information that is protected by intellectual property rights (such as copyright, trademark, etc.), unless you have the right to do so. Apple retains ownership of all of its right, title and interest in the Businesses on Maps service, Services and Materials and except for those use rights expressly granted in this Agreement, no other rights or licenses are granted or to be implied under any Apple intellectual property. Unless expressly permitted herein or otherwise permitted in a separate agreement with Apple, you may not reproduce, modify, perform, publish, translate, create derivative works of, rent, lease, loan, sublicense, transfer, sell, or redistribute access to or use of the Materials, site or Services, or any portion thereof, in any manner. You may not decompile, decrypt, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Materials, Services or site (except as and only to the extent this restriction is prohibited by applicable law or by licensing terms governing the use of any FOSS components that may be included with the site or Services). Use of the Materials, site or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, or to otherwise engage in any illegal activities, is expressly prohibited, and you agree that Apple is not in any way responsible for any such use by you. Apple reserves the right to terminate access or remove any content in violation of these restrictions.
To report a problem or concern with the Site or its Content send an email to mapsconnect@apple.com.
7. No Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, "APPLE" FOR PURPOSES OF THIS SECTION 7 AND 8) EXPRESSLY DISCLAIM ALL WARRANTIES CONDITIONS, REPRESENTATIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE MAKES NO WARRANTY THAT (I) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE AND SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. IN ADDITION, APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SERVICES. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES OR FOR LOST PROFITS OR ANTICIPATED PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT APPLE WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. In no event shall Apple's total liability to you under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) whether arising in contract, tort (including negligence) or otherwise, exceed the amount of fifty dollars ($50.00).
9. Indemnity. Upon Apple's request, you agree to indemnify and hold harmless Apple, its affiliates, officers, employees and agents from any demands, losses, liability, damages, claims, suits, costs or expenses (including attorneys' fees and taxes) arising out of or related to your violation of the terms of this Agreement, or your use of the Businesses on Maps service or Services.
10. Communications. Apple may contact and/or send communications to you from time to time in conjunction with your use of the Services. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, service announcements, account verification services, marketing materials, and updates or changes regarding your Businesses on Maps account or the Services. You agree that Apple may share your Businesses on Maps account information (such as phone number and mailing address you provided in your Businesses on Maps sign up) with third parties working with Apple in connection with the Services (e.g., business verification services).
11. Amendment. Apple reserves the right, at its discretion, to modify this Agreement at any time, including any rules and policies that govern your use of the Services. Any such new or modified terms will not apply to any Content submitted to the Service prior to any such modification of terms. In the event that Apple modifies this Agreement, in order to continue using the Services or the site, you will be required to accept and agree to such new terms. If you do not agree to the new terms, your use of the Services and/or site may be suspended or terminated by Apple. You agree that your acceptance of such new terms may be signified electronically, including without limitation, by your checking a box or clicking on an "Agree" or similar button.
12. Termination. You may choose to terminate your account and/or cease using the Services at any time and for any reason. Apple may terminate or suspend your account at any time in Apple's sole discretion. Upon any termination of your account, all rights and licenses granted to you by Apple will cease, including your right to access and use the Businesses on Maps service and Services. For the sake of clarity, the licenses granted in the Content pursuant to Section 3 above, will survive any termination of this Agreement, and Apple, its affiliates, partners, licensees and third party developers, will have the right to continue to use any Content that has been received from you prior to the date of such termination under the terms set forth in this Agreement.
13. Proprietary Rights. You acknowledge and agree that the Businesses on Maps service and Services contain proprietary content, information and material that is owned or licensed by Apple and/or its licensors and suppliers, and is protected by applicable intellectual property and other laws, including, but not limited to, copyright, patent, trademark, and trade secret, and that you will not use such proprietary content, information or materials in any way whatsoever that is inconsistent with this Agreement or that infringes any intellectual property rights of Apple or any third party. No portion of the Businesses on Maps service or Services, including any content therein, may be reproduced in whole or in part without Apple's permission, and you may be held liable for any such unauthorized copying or disclosure. Apple, the Apple logo and other Apple trademarks, service marks, graphics and logos used in connection with the Businesses on Maps service and Services are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. Other trademarks or logos used in connection with the Businesses on Maps service or Services may be the trademarks of their respective owners. You are not granted any right or license in any of the foregoing trademarks, and further agree that you shall not remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be contained within the Businesses on Maps service or the Services.
15. Export Control. Use of the Services and Materials may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services or Materials, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services or Materials for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
16. Governing Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. ANY LITIGATION OR OTHER DISPUTE RESOLUTION BETWEEN YOU AND APPLE ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF BUSINESSES ON MAPS OR THE SERVICES, WILL TAKE PLACE IN THE NORTHERN DISTRICT OF CALIFORNIA, AND YOU AND APPLE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS WITHIN THAT DISTRICT WITH RESPECT TO ANY SUCH LITIGATION OR DISPUTE RESOLUTION.
17. Government End Users. Certain components of the Businesses on Maps service or Services may be considered "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
18. Miscellaneous. You understand and agree that by becoming a Businesses on Maps user, no legal partnership or agency relationship is created between you and Apple. Neither you nor Apple is a partner, an agent or has any authority to bind the other, and you agree not to represent otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect. Failure by Apple to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any notices relating to this Agreement shall be in writing. Notices will be deemed given by Apple when sent to you at the email address or mailing address you provided as part of your Businesses on Maps sign-up process. All notices to Apple relating to this Agreement will be deemed given (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, and (c) five business days after having been sent by first class or certified mail, postage prepaid, to this Apple address: Apple Inc., One Apple Park Way, Cupertino, CA 95014, U.S.A, Attention: Internet Services Legal. You consent to receive notices by email and agree that any such notices that Apple sends you electronically will satisfy any legal communication requirements. This Agreement constitutes the entire agreement between the parties with respect to the use of the Businesses on Maps service and Services, and supersedes all prior understandings and agreements regarding its subject matter. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. If you are located in the province of Quebec, Canada, then the following clause applies to you: The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigè que le prèsent contrat et tous les documents connexes soient rèdigès en anglais.