Pubdate: Wed, 29 Jan 2003 Source: Post-Standard, The (NY) Copyright: 2003, Syracuse Post-Standard Contact: http://www.syracuse.com/poststandard/ Details: http://www.mapinc.org/media/686 Author: Jim Reilly Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/youth.htm (Youth) Bookmark: http://www.mapinc.org/find?217 (Drug-Free Zones) TEACHER SUES CITY FOR DRUG ARREST Oswego Instructor Was Accused After Returning Bag of Marijuana to Student An Oswego High School business teacher arrested after she returned a bag of marijuana to a student in March has filed a lawsuit in federal court against the city of Oswego, its police department and the officer who arrested her. Angela M. Ferlito claims her civil rights were violated when Officer John Smegelsky charged her with a misdemeanor count of selling marijuana. An Oswego City Court judge dismissed the charge, but the school district temporarily suspended Ferlito and she lost more than $6,000 in pay. In papers filed last week in U.S. District Court in Syracuse, Ferlito, 40, of 1269 county Route 53, Oswego, says she and her family were traumatized and humiliated by the incident. She was booked and fingerprinted, and her mug shot was taken at the police station. She says she suffered significant mental anguish and embarrassment from the publicity the case received. Under an agreement with the school, Ferlito admitted she made an error of judgment when she returned the bag of marijuana to the student who claimed it and did not immediately report the incident to school authorities. She also agreed not to talk about the case with the media. At the time, schools Superintendent Ken Eastwood issued a statement in which he called Ferlito "a wonderful person and an excellent teacher who made a mistake." Ferlito returned to teaching in September. Her lawyer, Terrance J. Hoffmann, said Tuesday they decided not to sue the district because there had been a hearing and an agreement was reached between Ferlito and the district. "But to have to suffer an arrest and accusation of a crime is a horse of a different color," Hoffmann said. He called it an "egregious example of the police overstepping their bounds" in an effort to "punish" Ferlito. Hoffmann also said that when Ferlito returned the bag to the student, she could not be sure it contained an illegal drug, although she suspected it did. "She also thought giving it back would be the only way to establish possession," Hoffmann said. - --- MAP posted-by: Jackl