Niagara Gazette

Courts

August 12, 2013

New court battle for Lockport sign guy

Niagara Gazette — LOCKPORT — A local auto shop owner known for his sign battle with the Town of Lockport has filed a lawsuit against the city for an alleged incident of police brutality on June 27.

David J. Mongielo filed the suit Friday in State Supreme Court stating Lockport police officers exceeded their jurisdiction in his June arrest. He was arrested at a seat belt checkpoint on Lincoln Avenue.

The lawsuit was filed against Lockport City Court, city Judge William Watson, Corporation Counsel John J. Ottaviano, attorney Joel Grundy, Police Officers William Jones, Kevin Lucinski, David Barrancotta and three unnamed officers.

Mongielo, 46, was charged with two counts of obstruction of governmental administration, resisting arrest, driving an unregistered motor vehicle, operating a motor vehicle while using a cell phone and second-degree harassment. During the arrest, Jones sustained abrasions to his left knee, police reported.

Mongielo was roughed up as well, according to court documents he filed. In those documents, Mongielo said Jones, "physically bound plaintiff, using brutal force to inflict harm, did twist plaintiff's arm behind his back causing severe pain ... Officer William Jones threw plaintiff to the pavement with so much force, that the plaintiff's shoe flew off and his head rammed into the pavement causing severe injury."

According to the police incident report, Mongielo was stopped about 1:50 p.m. June 27 for driving with an expired registration at the checkpoint. Officers said he was uncooperative and refused to comply with requests to provide information. When told he was under arrest, Mongielo began to struggle, according to the report.

Mongielo said the officers were on the wrong side of Lincoln, which from Beattie Avenue to just past Davison Road serves as a border between the city and town. Officers were randomly pulling people over, which isn't allowed by law, Mongielo charged.

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