Published: October 06, 2009 08:49 pm      

COURTS: Matteo Anello suit still alive

The federal lawsuit filed against the city by the brother of former Mayor Vince Anello is in limbo while lawyers figure out who will represent the defendants in the case.

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, four current members and one former member of the City Council and a Cataract City cop as defendants.

He claims they all bear responsibility for violating his constitutional and civil rights.

Current Councilmen Robert Anderson Jr., Samuel Fruscione, Charles Walker and Chris Robins are listed as defendants along with former Councilman Lewis “Babe” Rotella and Falls police Officer Franco Tallarico.

Anello’s attorney, Matthew Pynn said Tuesday he has served notice of the lawsuit to the Falls Corporation Counsel, who will represent the city, Anderson, Fruscione, Walker, Robins and Tallarico. Pynn says city lawyers have offered to represent Rotella as well, but the former councilman has not indicated whether he wants to hire a private attorney or take the Corporation Counsel’s representation.

Rotella could not be reached for comment Tuesday night.

“Once that is worked out, we can arrange for service on former Councilman Rotella and then the Corporation Counsel can file a response to my lawsuit,” Pynn said. “No one is in default, we are in contact with the Corporation Counsel and we’re moving forward.”

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. The lawsuit suggests Tallarico used excessive force.

“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.”

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 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.