February 21, 1994, The Sullivan County Democrat

'Monti 5' file false arrest lawsuit

By Laurie Ramie

MONTICELLO -- Five people arrested for carrying signs into a Monticello Village Board meeting to protest the musical chairs job switches have filed a civil action against the village and its police department for false arrest.
Plaintiffs Glenn Pontier, Carmen Rue, Thomas Rue, Mary Marino, and Charles Stephenson seek "not less than $1,000,000" in punative damages for their "embarrassment, anxiety, humiliation, mental anguish, public ridicule, emotional distress, financial deprivation... pain and suffering."
Represented by the White Plains law firm of Lovett & Gould, the plaintiffs filed the complaint in U.S. District Court on June 17. The case has been assigned to Judge Broderick, according to a copy of the summons.
The lawsuit names Mayor Robert Friedland, former Village Attorney mark Schulman, Village Manager James Malloy, Trustees Gloria Cahalan and Evelyn Vandermark, former Trustees Gladys Walker and David Rosenberg, Police Chief Michael Brennan and Police Officer Michael Bunce as defendants.
The basis of the lawsuit is an alleged deprivation of First Amendment Constitutional rights.
Pontier, a Narrowsburg resident, the Rues and Marino, all of Monticello, and Stephenson of Athens, Georgia, were arrested on August 2, 1993 at a Monticello Village Board meeting for disorderly conduct.
They were carrying signs which included slogans as "Taxation Without Legal Representation -- Shame on You" and "Everyone is Watching -- Do the Right Thing!"
Police Chief Brennan and Officer Bunce advised the plaintiffs that if they carried the signs into the meeting room, they would be arrested.
When they persisted, Pontier, Marino and Stephenson were detained at the police station for about two hours prior to being released on appearance tickets.
The Rues later entered the meeting also carrying signs and were similarly processed under disorderly conduct charges.
The plaintiffs charge that the defendants "directed and/or executed the arrests... for the purpose of quelling their protests of the 'musical chairs arrangement'" and "chilling the exercise of their right to free speech" without probable cause.
The disorderly charges were dismissed on February 7, 1994 after a decision came down in the musical chairs case ruling that the plaintiffs [sic]] had violated the open meetings law.
The plaintiffs seek a jury trial to determine damages.



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