By DONNA KENNY KIRWAN

PAWTUCKET — Five months after the shooting death of Jason Swift by Pawtucket Police, a woman who is the mother of Swift’s child has indicated her intent to seek a claim from the city for damages related to the incident.

A claim petition from Noelle Farry, as administratrix of the estate of Jason Swift, was acknowledged to have been received by the city on July 23 and has been referred to the City Council’s Committee on Claims and Pending Suits. No amount of damages was specified.
Farry’s attorney, Stephen Sheehan of the Providence firm Wistow & Barylic, Inc., said the petition was filed on July 10 on behalf of Noelle Farry. He described Farry as a “partner” of Swift and the mother of a young son, Matthew Swift, that the couple had together.
The notice presents Farry’s claim that the city of Pawtucket, “through its agents and servants, including the Pawtucket Police Department, negligently, wrongfully, and in violation of his civil rights caused the death of Jason Swift on February 12, 2008 and is liable to her and to Matthew Swift for money damages and attorneys’ fees.”
The city of Pawtucket is insured by Rhode Island Interlocal Risk Management Trust, an East Providence firm.
Sheehan said that the essence of the claim centers around his client’s contention that Jason Swift’s civil rights were violated under federal law regarding “unreasonable search and seizure.” He said he intends to prove that Swift was seized “in an unreasonable fashion resulting in his death.”
City Solicitor Margaret Lynch-Gadaleta acknowledged receipt of the claim and said it has been turned over to attorney Marc DeSisto. Lynch-Gadaleta said the city intends to “vigorously defend this.” She added, that “Despite the tragedy, we don’t think we were in the wrong at all.”
Swift, a 30-year-old man with a history of psychological issues, was shot on the morning of Feb. 12 during a struggle with Pawtucket Police inside his mother’s home at 71 Lupine St. Swift’s mother had called the police for help with her son, whom she described as being in the midst of an emotional crisis.
According to reports from Pawtucket Police, Smith had initially approached police officers outside of the residence with a Samurai-style sword with a 28-inch blade. In a complicated course of events, Smith eventually ran inside the house and upstairs to a third-floor apartment. After what was described as a “violent confrontation” with several officers, Patrol Officer Wallace Martin shot and killed Swift.
In mid-April, a Providence County Grand Jury cleared Martin, saying his actions were “lawful and legally justified.”
It is the second substantial wrongful death claim that has been made against the city this year. In January, the city was notified of a $4 million wrongful death claim on behalf of the family of the late Maria G. Carvalho, a Gooding Street woman who bled to death in September 2007 while waiting for a Pawtucket Fire Department ambulance to arrive.