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.