NIAGARA FALLS – David J. Mongielo’s do-it-yourself police brutality suit was dismissed Thursday in State Supreme Court here, but Mongielo said Friday he will appeal – his way.
Mongielo, who did not have an attorney for the suit against the Lockport Police Department over his June 27 arrest at a traffic checkpoint, said he filed a document he called a “writ” late Friday. He said if State Supreme Court Justice Catherine Nugent Panepinto doesn’t change her mind about throwing the case out, he will try to get the matter into the federal courts.
Mongielo, who has argued that city and town courts in Lockport have no jurisdiction over him, said he doesn’t recognize Panepinto’s authority to dismiss his case.
“They’re going to proceed the way they want to proceed, but they have no right to take over my court,” Mongielo said. “When they don’t practice under constitutional law, you can’t defend your rights.”
In court Oct. 17, Assistant Attorney General Benjamin K. Ahlstrom told Panepinto that Mongielo’s arguments “are irrelevant even if they’re true, which they’re not. Repeatedly, it’s been recognized in case law that Mr. Mongielo’s theories are frivolous.”
Mongielo faces a third trial in early 2014 over charges that the LED sign in front of his Robinson Road auto repair shop violates a town ordinance banning signs that change format more than once every 10 minutes.
He also has faces a variety of charges stemming from the June 27 arrest on Lincoln Avenue, in which he said a patrolman rammed him head-first into the pavement. Police said Mongielo compared the situation to Nazi Germany after he was stopped.
Frank T. Housh is Mongielo’s attorney in both town and city courts, but has taken no role in the civil suit.
The suit also accused Lockport City Judge William J. Watson and Assistant District Attorney Joel M. Grundy of conspiring to violate Mongielo’s rights.
Successful motions to dismiss the case were filed Thursday by Assistant Attorney General Benjamin K. Ahlstrom, who represented Watson; Assistant County Attorney Brian D. Seaman for Grundy; and Paula M. Eade Newcomb, representing the city.
They had done so Oct. 17, but Panepinto said then she wouldn’t sign the dismissal order if Mongielo, who didn’t attend the session, called the court by the end of the day. He did so then, but Mongielo didn’t show up or call the court Thursday.
The case was thrown out because Mongielo didn’t comply with rules in state law requiring defendants to be served with lawsuits, nor did he send the city the mandatory notice of claim before suing it.
“All their rules are set up to benefit themselves,” Mongielo said. He added later that the lawyers “belong to a secret society called the bar association, and I don’t.”