Civil suit against Tony Rosini, others, dismissed Monday
HARRISBURG - A federal judge dismissed a civil lawsuit Monday that was filed by Joan M. Cicchiello against Northumberland County District Attorney Tony Rosini, two Northumberland County judges and two employees of the Adult Probation office.
The original suit, filed by the Mount Carmel woman Oct. 15, in the United State District Court for the Middle District of Pennsylvania, named Rosini, county Assistant District Attorney Ann Targonski, county Judges William Harvey Wiest and Robert Sacavage, Adult Probation department head John Wondoloski and probation officer John Rosinski as defendants.
Cicchiello alleged her civil rights were violated in relation to being sentenced in February to 12 months of probation and a $200 fine for filing false reports with law enforcement in relation to a dog law violation in 2006. She claimed she was subjected to false arrest and malicious prosecution by local authorities. In filing the lawsuits, she was seeking damages and injunctie relief from the judges, prosecutors and probation officers involved in her state criminal case.
U.S. Chief Magistrate Judge Martin C. Carlson, according to paperwork filed Monday, dismissed the case because Cicchiello failed to respond twice to defense motions to dismiss.
On Oct. 29, Rosini and Targonski moved to dismiss the complaint, but Cicchiello never responded. On Dec. 5, a second motion to dismiss was filed by the additional defendants, and she again did not respond. The time to respond for both motions has passed.
Chicchiello was convicted in a jury trial before Wiest in 2010. However, all three Northumberland County judges recused themselves from the sentencing due to Cicchiello naming them among the defendants in a lawsuit in Northumberland County Court.
Cicchiello was charged by Patrolman David Donkochik of the Mount Carmel Borough Police following his investigation of a dog law violation in 2006. A German shepherd in her custody had been found running at large Nov. 12, 2006. Cicchiello was issued citations for failing to keep proper custody and control of the dog.
At the hearing held in January 2007 before now-retired Magisterial District Judge Michael Mychak, Cicchiello testified the dog belonged to her son and was in his custody and control at the time. An investigation following the summary trial revealed that Cicchiello had provided false information to the court when she implicated her son.
Cicchiello testified the dog belonged to her 8-year-old step-granddaughter, for whom Cicchiello purchased the dog as a gift. She also testified the dog only stayed at Cicchiello's home every other week.