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.
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