Pubdate: Fri, 21 Sep 2012
Source: Windsor Star (CN ON)
Copyright: 2012 The Windsor Star
Contact:  http://www.canada.com/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Doug Schmidtt

TEACHER SUES COPS FOR $1M

Alleges 'malicious prosecution'

An elementary school teacher, arrested at work by police, has filed a
$1-million malicious prosecution lawsuit along with her husband
against Windsor police.

All charges against Luana Zambito in relation to a 2010 drugs and
firearms investigation that saw six individuals charged were
eventually dropped, but the school board refused to let her return to
her Grade 1 classroom teaching job at King Edward public school.

Luana and husband Giuseppe Zambito were taken into custody in April
2010 in a series of police raids that resulted in the discovery of a
suspected marijuana grow-up and the seizure of a loaded 12-gauge
shotgun found in a master bedroom closet and a Ruger .300 hunting
rifle with scope found under the bed.

Six months after the bust, Giuseppe pleaded guilty to two counts of
unsafe storage of a firearm - he had an FAC card to own both legally -
and one count of diverting electricity. All charges against his wife
were subsequently withdrawn.

"The original charge against Luana was entirely unnecessary and there
was absolutely no reason for the police to immediately arrest her at
her place of employment where she was teaching Grade 1 students,"
reads part of the couple's statement of claim filed in Superior Court.
The arrest at King Edward, which followed the apprehension of her
husband Giuseppe, or Joe, was "orchestrated purely for the purposes of
embarrassing and humiliating Luana after Joe failed to provide further
evidence," the claim continues.

The civil lawsuit's allegations have yet to be argued and proven in
court. A city lawyer acting for the police service filed a notice of
intent to defend in July.

The Zambitos, each of whom are seeking $500,000 in damages, accuse the
police of "intentional infliction of emotional distress," negligent
investigation, malicious prosecution and false imprisonment.

According to the claim, a copy of which was obtained by The Star,
Luana spent six hours in a police holding cell after her arrest. When
she returned to school the next day she found a supply teacher had
"taken over her class."

She was advised by her employer that she was suspended "until things
were sorted out."

Trying to return to the classroom after her husband's guilty plea, her
employer "ultimately wouldn't allow Luana to return to a teaching
capacity," thus ending her 15-year employment with the school board,
according to the claim.

Giuseppe Zambito still faces trial Nov. 26 on the more serious drug
charges stemming from the April 26, 2010, raids at a commercial
property at 3966 E.C. Row North Service Rd., rented by one of the
accused, and at the Zambito family home on Brentwood Crescent. The
Crown alleges the hydro meters had been bypassed at both addresses,
and hundreds of marijuana plants with an estimated street value of
$500,000 were seized at the commercial property, where four of six
accused were arrested.

The search warrants were executed by the Windsor police Drugs and Guns
Unit and its Emergency Services Unit, as well as by agents with the
Provincial Anti-Violence Initiative Strategy Unit. The raids were the
result of information obtained showing that several local people had
been collaborating with Toronto-area men in the production of marijuana.

Giuseppe Zambito was handed a 10-year firearms prohibition and ordered
to submit a DNA sample to Windsor police at his sentencing two years
ago on the first set of convictions related to the raids.

The $1 million lawsuit, however, claims Giuseppe only pleaded guilty
at the time to help his wife win back her job.

"Joe was forced to plead guilty to the theft of hydro relating to the
personal residence and the two gun charges solely to prevent Luana
from being fired," says the claim.

Lawyers for both sides said Thursday it was too early to comment, as
there's a criminal court case pending.
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