KENMORE N.E. Couple sues police and Warren for search of home

Police were looking for the brother of one of the plaintiffs.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A city couple has sued the police department and the city, alleging their constitutional rights were violated during a police search of their home last year.
Clara and Joseph Maggio, Kenmore N.E., filed the lawsuit Thursday in Trumbull County Common Pleas Court. It was assigned to Judge Peter Kontos.
The suit, which seeks compensatory damages to be determined during trial, lists the city and unidentified police officers as defendants. The suit states the identities of the police officers are not yet known.
Law Director Greg Hicks and Mayor Michael O'Brien could not be reached. Doug Franklin, the city's safety-service director, declined to comment.
Neither the Maggios' nor their attorneys, Charles G. Mickens and Gilbert W. R. Rucker III, could be reached.
What is alleged
The suit states that police officers entered the Maggios' home around 11:30 p.m. Oct. 17, 2003, without a warrant, removed Joseph Maggio from his home and forced Clara Maggio to get out of her bed and go to the living room.
Police reports say the officers were searching for Joseph Maggio's brother.
The suit notes that Clara and Joseph are physically disabled and that Clara was severely ill.
"As the result of being forced to leave her bed and while moving to the living room, she fell to the floor, where she suffered a broken right foot and other physical injuries," the lawsuit states.
Officers also used excessive force when removing Joseph Maggio from his home, the lawsuit states.
An internal affairs investigation, however, says police officers did not violate departmental procedures when they entered the home searching for a suspect.
Chasing suspect
Police had been chasing Vincent Maggio, and he declined to stop his vehicle. A statement written by Patrol Officer Brian Martinek says Vincent Maggio's car was located in the back of Clara and Joseph Maggio's house.
Police found Vincent Maggio in the basement of the home, reports state.
Vincent Maggio has been indicted on charges of aggravated menacing and failure to comply with an order or signal of a police officer. He has pleaded innocent and his case is pending.
Clara and Joseph Maggio, who both filed complaints, said the officers who entered the home were rude and didn't state why they were there. Joseph Maggio also stated police beat him.
What police say
Officers, however, said they did identify themselves and told the Maggios that they were looking for Vincent. Officers also said that Joseph Maggio began fighting and tried to block officers from entering the home.
Joseph Maggio was arrested on charges of obstructing justice and resisting arrest. A county grand jury, however, declined to indict him.
Clara Maggio stated in her complaint that she was in bed when she heard loud banging on the front door. She said she heard her husband yelling that he was being kicked. Fearing burglars had entered the home, she called 911.
sinkovich@vindy.com