<!--Rick Pfeiffer--><table width="234" border="0" cellspacing="0" cellpadding="0" background="http://static.cnhi.zope.net/flashpromo/niagaragazette/images/byline_234x60.jpg" height="60"><tr><td><div align="center"><font size="3" face="Arial, Helvetica, sans-serif">By Rick Pfeiffer</font><font face="Arial, Helvetica, sans-serif"><br /></font><font size="1" face="Arial, Helvetica, sans-serif"><a href="mailto:rick.pfeiffer@niagara-gazette.com">rick.pfeiffer@niagara-gazette.com</a></font></div></td></tr></table>
A federal magistrate judge has ordered that a federal lawsuit filed by the brother of former Mayor Vince Anello be sent to a mediator.
In a scheduling order issued last week, Magistrate Leslie Foschio directed that the suit be referred to mediation and gave both sides in the case until Jan. 21 to “opt out.” Federal rules require some civil lawsuits to be subjected to mediation and that mediation has to fail before they can go to trial.
Matteo Anello is seeking unspecified damages for what he claims were his false arrest and imprisonment and malicious prosecution after an incident at an Oct. 22, 2007, City Council meeting. Anello’s suit names the city, current Councilmen Robert Anderson Jr., Samuel Fruscione, Charles Walker and Chris Robins, former Councilman Lewis “Babe” Rotella and a Cataract City cop as defendants. Anello claims they all bear responsibility for violating his constitutional and civil rights.
Foschio’s order directs the Falls Corporation Counsel, who is representing all the defendants in the case, and Anello’s lawyer to select a mediator to handle the case no later than Feb. 5. The magistrate also ordered an initial mediation session to be held no later than March 22.
Anello claims he was “falsely arrested and falsely imprisoned” after Anderson ordered him removed from the City Council Chambers. He was speaking during a portion of the council meeting designated for public comments.
“(Anello) intended to speak on derogatory statements defendant Anderson has made regarding Italian-Americans,” his lawsuit says. “Approximately two minutes into (Anello’s) statement, defendant Anderson declared that (Anello) did not ‘have the floor.’ ”
The former mayor’s brother charges Anderson then directed a police officer, who was stationed at the council meeting, to remove him from the chambers. The lawsuit claims the officer used excessive force.
City lawyers have called the suit “frivolous.”
They also claim that Anello failed to file his suit within time limits required by law and that any injuries he suffered while being arrested, were his own fault.
“If (Anello) was injured ... then such injures were brought about, in whole or in part, by unlawful and careless activities of (Anello) without any culpable conduct on the part of the defendants,” Assistant Corporation Counsel Tom O’Donnell wrote in a court filing. “This claim (by Anello) is frivolous and without any merits whatsoever.”
After multiple postponements of court hearings lasting over a year and a half, City Court Judge Diane Vitello gave Anello an adjournment in contemplation of dismissal on the charges he faced. Those charges were formally dismissed on Nov. 30.
