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Rush Guitarist Tuned Out in Court
This legal case just exited stage left.
A federal judge tossed out a lawsuit brought by Rush guitarist Alex Lifeson over a ruckus at a New Year's party in 2003 that left him in jail with a broken nose.
The musician, whose real name is Alex Zivojinovich, and his son, Justin, filed a 33-count federal suit against deputies in Naples, Florida, and the local Ritz Carlton for the incident that took place on New Year's Eve 2003.
Lifeson had claimed his and his son's civil rights were violated and that police and hotel security overreacted when Justin took the stage with the house band for an impromptu performance. Lifeson wound up fending off security guards who rushed the stage to remove his son and was eventually subdued by a stun gun after shoving a sheriff's deputy down a stairwell.
In an opinion issued last week, however, U.S. District Judge Paul Magnuson found that Collier County sheriff's deputies did not cross the line.
"In sum, the plaintiffs have not established that any of the defendant deputies violated their constitutional right to be free of excessive force," the judge wrote, adding that the deputies' actions "we're objectively reasonable" and therefore were immune from the allegations in the complaint.
Magnuson also cleared the hotel from any wrongdoing, saying its security detail acted reasonably.
Lifeson's attorney, Michael R.N. McDonnell, could not be reached for comment Friday. However, he told the Naples Daily News the Zivojinoviches plan to appeal.
Lifeson, a part-time resident of Naples, was initially booked on six charges, four of them felonies that carried a maximum penalty of 30 years prison. But after a plea deal, the charges were reduced to two counts of assault on a law enforcement official and father and son were each given a suspended sentence, one year of probation and were ordered to pay court costs and restitution.
Rush, meanwhile, is gearing up for a summer tour of North America and Europe tour in support of Snake and Arrows, the veteran prog-rockers' first new album in five years, hitting stores on May 1.
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