Anello v. Anderson, 09-CV-715S

• Decision Date: 10 June 2016
• Docket Number: 09-CV-715S
• Citation: 191 F.Supp.3d 262
• Parties: Matteo ANELLO, Plaintiff, v. Robert ANDERSON, Jr., Samuel Fruscione, and Chris Robins, Defendants.
• Court: U.S. District Court — Western District of New York

191 F.Supp.3d 262

Matteo ANELLO, Plaintiff,

v.Robert ANDERSON, Jr., Samuel Fruscione, and Chris Robins, Defendants.

09-CV-715S

United States District Court, W.D. New York.

Signed June 10, 2016

Jeanne M. Vinal, Gregg S. Maxwell, Vinal & Vinal, Buffalo, NY, Louis H. Siegel, Williamsville, NY, Matthew P. Pynn, Matthew P. Pynn, P.C., Lockport, NY, for Plaintiff.

Daniel C. Oliverio, Joseph S. Brown, Hodgson Russ LLP, Buffalo, NY, Thomas M. O'Donnell, City of Niagara Falls Law Department, Niagara Falls, NY, for Defendants.

DECISION AND ORDER

WILLIAM M. SKRETNY, United States District Judge

I. INTRODUCTION

After a four-day trial, a federal jury determined that Defendants Robert Anderson, Jr.,¹ Samuel Fruscione, and Chris Robins violated Plaintiff Matteo Anello's First Amendment right to free speech during a city council meeting in the city of Niagara Falls, NY, on October 22, 2007. The jury awarded Anello a total of $30,000 in compensatory damages and $75,000 in punitive damages.

Presently before this Court are several post-trial motions. First, Defendants move for Judgment as a Matter of Law and for a New Trial under Rules 50 and 59 of the Federal Rules of Civil Procedure. (Docket No. 170.) Second, Anello moves for attorneys' fees and costs under Rule 54 and 42 U.S.C. §§ 1983, 1988. (Docket No. 159.) Finally, Anello submits a Bill of Costs. (Docket No. 168.)

For the reasons set forth below, Defendants' motion is granted in part and denied in part; Anello's motion for attorneys' fees is granted, but with a reduced fee award; and Anello's Bill of Costs is granted, but with a reduced costs award.

II. BACKGROUND

On October 22, 2007, Anello attended the Niagara Falls City Council meeting and registered to speak during the "good of the community" segment. (Trial Transcript Volume 1 ("Tr. Vol. 1"), Docket No. 162, at 96, 103, 109; Trial Transcript Volume 2 ("Tr. Vol. 2"), Docket No. 163, at 307.) During that portion of the meeting, each speaker was allotted five minutes to speak on any topic pertaining to the good of the community that was not listed as a specific agenda item. (Tr. Vol. 1 at 102; Tr. Vol. 2 at 340, 341.)

Anderson was the chairman of the city council and presided over the October 22, 2007 meeting. (Tr. Vol. 2 at 338.) Fruscione and Robins were both sitting councilmen and present at the October 22, 2007 meeting. (Tr. Vol. 1 at 208, 223; Tr. Vol. 2 at 293-94, 329-30.)

Anello is an Italian-American, born in Sicily. (Tr. Vol. 2 at 375.) He attended the October 22, 2007 city council meeting for the specific purpose of speaking out against Anderson, whom Anello had heard from three different sources had been making disparaging comments about Italians. (Tr. Vol. 2 at 380-81, 383, 410-11, 416.) When his turn came, Anello went to the podium and read from prepared remarks. (Tr. Vol. 2 at 384, 385.) Anello's remarks and what ensued was recorded on video, which was shown to the jury multiple times during the trial.

Anello began his remarks by acknowledging Anderson, the council members, and his fellow citizens. (Tr. Vol. 2 at 390.) He then read the title of his remarks: "Guineas and Greaseballs: Where There's Smoke There's Fire." (Tr. Vol. 1 at 109, 110, 127; Tr. Vol. 2 at 390.) In a calm, direct, and non-threatening manner, Anello read from his prepared script:

I've titled this little presentation—Mr. Chairman, members of the council, fellow citizens—I've titled this presentation "Guineas and Greaseballs," sub-titled "Where There is Smoke There is Fire." My intention was to send this statement to the Gazette and to the Buffalo News to let it be written in their respective opinion pages. I've been going back and forth in my mind trying to decide what to do. I finally decided that I need to present this to the council and to the citizens of Niagara Falls in this setting because I believe that it is important enough that it be heard from me directly. I don't want to hide, as some do, in the security they feel when they make statements about others to reporters, or send articles to be written in the opinion pages. There is nothing wrong with this, but it is cowardly, as the person against whom the statement is made cannot defend him or herself. Three times in the past few weeks, different people recounted incidences to me during which Council Chairman Robert Anderson displayed, if these incidences are true, his ignorance in how he, as a councilman or as a person, regards Italians. I want to reiterate: these scenarios came to me during casual conversation and only Mr. Anderson, God, and the people who heard him can know whether or not they are true. If true, and I believe they are, these occurrences in which he aimed his ignorance towards Italians are shameful ...

(Video of October 22, 2007 Niagara Falls City Council Meeting ("Video"), Declaration of Joseph Brown, Exhibit F, Docket No. 32–2, at :00 to 1:38² ; Tr. Vol. 1 at 152, 215, 294, 342-43.)

At that point, before he was finished, Anello heard noise coming from the council dais. (Tr. Vol. 2 at 390-91.) Because he knew that his time had not expired, Anello interrupted his remarks to declare that he "had the floor." (Tr. Vol. 2 at 390-91.) Anderson then said, "No, you don't have the floor." (Tr. Vol. 1 at 131; Tr. Vol. 2 at 308, 367, 421.) But Anello refused to yield, which prompted Anderson to rise and signal Officer Franco Tallarico, a Niagara Falls police officer, to approach Anello. (Tr. Vol. 1 at 128-30, 196-97, 200; Tr. Vol. 2 at 350-51, 423.) Anello kept speaking, which then caused Robins to reach in front of Anderson and bang the chairman's gavel three times. (Tr. Vol. 2 at 308, 339, 352.) Undeterred, Anello continued to speak. (Tr. Vol. 2 at 314, 331, 421-22.)

Meanwhile, Fruscione testified that he was taken aback when he heard Anello speak the initial words "guineas" and "greaseballs." (Tr. Vol. 1 at 218-19.) He stopped listening to Anello at that point and thought that Anello was referring to himself and another councilman, both Italian-Americans, as a "guinea" and a "greaseball." (Tr. Vol. 1 at 252; Tr. Vol. 2 at 282-84.) Fearing that more disparaging comments were to come, Fruscione turned off the switch to the microphone recording Anello's remarks for later broadcast over a local cable television education channel, which was played in city schools. (Tr. Vol. 1 at 227; Tr. Vol. 2 at 278.) Fruscione did not tell anyone that he turned off the switch. (Tr. Vol. 1 at 227.) Turning off the recording microphone did not affect the amplification in the chamber, nor did it stop Anello from speaking. (Tr. Vol. 1 at 226-27.)

Once Officer Tallarico reached Anello, he repeatedly told him that he had to stop speaking and step away from the podium. (Tr. Vol. 1 at 197.) Anello refused, insisting that he "had the floor." (Tr. Vol. 1 at 197.) Officer Tallarico then forcibly removed Anello from the council chamber in handcuffs and thereafter arrested him for resisting arrest and disorderly conduct. (Tr. Vol. 2 at 396-99; 436-38.) Anello never finished his remarks. (Tr. Vol. 2 at 394.)

Anello testified that he felt "embarrassed," "abused," "bad," "terrible," "degraded," "humiliated," and "like scum" after this incident. (Tr. Vol. 2 at 398, 399, 400.) He described the emotional toll this incident took on him as follows.

I mean, not only—not only did—did this demean me with my friends and with people that ... that would know me in the city, my family has to – – has to – –listen to all this, see all this, be part of all this. It's—t's demeaning, and it's just something that I wish I had never lived through. I hope to God none of you live through.

(Tr. Vol. 2 at 402-03.)

As far as his reputation in the community, Anello testified that

It's not a nice thing when people greet you, you know, jailbird, convict, things of that nature. It's not the way that I want to be greeted, and it's not the way I would want to greet anybody. Yes, that made me feel also degraded.

...

People were treating me as a joke... You know, a lot of—a lot of ribbing and name calling. I run a small business. People come into the shop to make wine, and they walk in the door, and their greeting is not, "Good Morning, Matteo," it's, "Good morning, jailbird." Who wants to—you know, who wants to be addressed that way?

(Tr. Vol. 2 at 403-04.)

After this incident, Anello stopped attending council meetings, because he thought that Defendants would prevent him from participating. (Tr. Vol. 2 at 400, 405-406.) He had previously attended six to eight council meetings a year for the past 20 years or so. (Tr. Vol. 2 at 417.) Anello also stopped volunteering on community boards and he discontinued his partnership in Leadership Niagara, a community service organization. (Tr. Vol. 2 at 401-02.)

Anello's son (also named Matteo Anello) testified consistent with his father concerning the effect this incident had on him, including that Anello became more introverted and his interest in public affairs "took a negative hit." (Tr. Vol. 2 at 445, 447, 448, 450, 451.)

III. DISCUSSION

A. Defendants' Motion for Judgment as a Matter of Law and for a New Trial

Defendants seek judgment as a matter of law or a new trial. They argue that (1) neither Fruscione nor Robins violated Anello's First Amendment rights, (2) each defendant is entitled to qualified immunity, (3) the compensatory damages award is excessive, and (4) the punitive damages award is unwarranted and excessive. Each argument is addressed in turn.

1. Legal Standards

Rule 50(a)(1) of the Federal Rules of Civil Procedure permits a court to render judgment as a matter of law and vacate a jury's verdict if it finds that "a reasonable jury would not have a legally sufficient evidentiary basis" to reach its conclusion. The standard is well settled:

Judgment as a matter of law may not properly be granted under Rule 50 unless the evidence, viewed in the light most favorable to the opposing party, is insufficient to permit a reasonable juror to find in h[is] favor. In deciding such a motion, the court must give

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