<!--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 lawsuit filed by the brother of former Mayor Vince Anello will be able to move forward now that a former councilman has decided to let the city represent him in the case.
Lewis “Babe” Rotella said he has opted to let the Corporation Counsel represent him, even though he no longer serves on the City Council.
“I signed the papers to do that,” Rotella said. “It makes sense.”
Progress on the suit filed by Matteo Anello had been held up while lawyers on both sides of the case figured out who would represent the multiple defendants.
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, four current council members, Rotella and a Cataract City cop as defendants.
He claims they all bear responsibility for violating his constitutional and civil rights.
Rotella’s decision means he, along with current Councilmen Robert Anderson Jr., Samuel Fruscione, Charles Walker and Chris Robins, as well as Falls Police Officer Franco Tallarico, will have city lawyers.
Anello’s attorney, Matthew Pynn, said earlier in the week that he had served notice of the lawsuit on Falls Assistant Corporation Counsel Doug Janese on behalf of the city, Anderson, Fruscione, Walker, Robins and Tallarico. Rotella’s decision means Pynn can complete his service of notice of the suit by contacting Janese.
Pynn said once Rotella’s representation issue was worked out, the Corporation Counsel would file a response to the suit and the case would move forward.
“No one is in default, we are in contact with the Corporation Counsel and we’re moving forward,” Pynn said.
Once the city files a response to the lawsuit, the case will be assigned to a mediator for further proceedings.
“That is standard practice in any federal civil suit,” Pynn said.
Anello says 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,” 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 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.
After multiple postponements of court hearings lasting more than 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.
