<!--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>
The brother of former Mayor Vince Anello has filed suit in federal court against the city of Niagara Falls, four current members and one former member of the City Council and a Cataract City cop charging they violated his constitutional and civil rights.
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. The suit was filed Thursday in U.S. district Court in Buffalo.
Named as defendants, besides the city, are current Councilmen Robert Anderson Jr., Samuel Fruscione, Charles Walker and Chris Robins. Also listed as defendants are former Councilman Lewis “Babe” Rotella and Falls Police Officer Franco Tallarico.
Anello says he was “falsely arrested and falsely imprisoned” after Anderson ordered him removed from 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,” the lawsuit says. “Approximately two minutes into (Anello’s) statement, defendant Anderson declared that (Anello) did not ‘have the floor.’ ”
The suit says Anderson then directed Tallarico, who was stationed at the council meeting to keep order, to remove Anello from the chambers. The lawsuit suggests Tallarico used excessive force in removing Anello.
“Tallarico pushed (Anello) down, got on top of him, wrenched his left arm behind his back, handcuffed him and arrested him (for resisting arrest and disorderly conduct),” the lawsuit claims.
However, a Gazette story on the arrest reported that Tallarico asked Anello to stop speaking and leave, but that the former mayor’s brother refused.
“At one point, Anello placed his hand on Tallarico, who ordered him to let go before grabbing him from under his arm and pulling him away from the podium,” Gazette Reporter Rick Forgione, who witnessed the incident, wrote. “Anello began yelling he had a physical condition that prevented him from moving quickly. After protesting further that he shouldn’t have to leave, Anello was bent over by Tallarico with his arms behind his back and handcuffed.”
Falls police Superintendent John Chella, who said he has not seen Anello’s lawsuit, said Tallarico was just doing his job.
“He did nothing wrong,” Chella said adamantly. “He was directed by the council to remove someone causing a disturbance. He did absolutely nothing wrong.”
The lawsuit claims Anello suffered “contusions on his chest and upper legs, pain in his neck, back and left shoulder, public humiliation and emotional distress” during his arrest.
“This (lawsuit) caught me by surprise,” Chella said. “Although, in the court of tort nothing surprises me anymore.”
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. If Anello remains out of legal trouble until Nov. 30, the case against him will be formally dismissed.
Anderson, reached fro comment on Sunday night, said he had not yet been served with the lawsuit and reacted to it with laughter.
“They can look at the tape (of the council meeting) and see if they are going to waste more taxpayer money,” Anderson said. “I’ll let the jury look at the tape themselves and make their own decision. What a joke. What a slap in the face to the people of Niagara Falls.”
Fruscione, who also said he had not been served with the suit, said he had, “No reaction. I’m just amazed.”
Former councilman Rotella said the council was correct in ejecting Anello.
“Anything could have happened, (Anello) was kind of in a rage that night,” Rotella said. “But ain’t that (lawsuit) something. It’s always something.”
