HUNTINGTON BEACH : Police Officer Cleared in Civil Rights Suit

A Superior Court jury Monday found that a Huntington Beach police officer did not violate the civil rights of two men by taking them into custody after their former landlord made a citizen’s arrest alleging she was assaulted.

Anthony Mazzotti and Andrew Mirzaoff had filed a lawsuit against the city and Officer Greg Moore contending that Moore should have cited and released them instead of taking them into custody on the assault charge.

“I think the verdict was a complete vindication of the actions of Officer Moore,” said Neal Moore, the attorney representing the city and Moore. Neal Moore is not related to Greg Moore.

“He was put in a difficult situation in trying to deal with conflicting information. He was acting reasonably and appropriate.”

Neal Moore said the lawsuit stemmed from a May, 29, 1991, dispute at Mazzotti’s Italian restaurant that began when Fidelma Young, Mazzotti’s and Mirzaoff’s former landlord, tried to collect rent money. Young charged that Mirzaoff pushed her out of the restaurant’s office and that Mazzotti bumped into her as she was going down the stairs to leave.

Young made a citizen’s arrest. The officer then had the discretion to cite and release the two men, but instead took them to jail, said Jack W. Nelson, the attorney representing Mazzotti and Mirzaoff. The district attorney’s office later dismissed the assault charges, he said.

Both men are former employees at the restaurant. Mazzotti’s brother, Lenny, is co-owner of the restaurant.

Mazzotti and Mirzaoff filed suit charging that their constitutional rights were violated by the officer’s decision to take them to jail and not release them on the spot, Nelson said. He also said that Moore had failed to interview witnesses to the alleged assault before taking them into custody.

The two men were seeking damages of $35,000 each, plus attorney fees.