Rush Guitarist, Family Sue Over Fla. Altercation
POSTED: 8:48 am EDT June 3, 2005
UPDATED: 12:51 pm EDT June 3, 2005
FORT MYERS, Fla. -- The lead guitarist for the rock group Rush, his son and daughter-in-law filed a lawsuit Thursday against the Ritz-Carlton, its security director and three sheriff's deputies stemming from a New Year's Eve 2003 altercation at the Naples hotel.
Alex Zivojinovich, known on stage as Alex Lifeson, his son Justin and daughter-in-law Michelle filed suit Thursday in U.S. District Court in Fort Myers seeking an unspecified amount of monetary damages for injuries, pain and suffering, mental anguish and the costs of their defense.
The Zivojinoviches were ringing in 2004 at the Ritz-Carlton hotel when the altercation occurred.
Justin Zivojinovich and his friends agitated hotel security when they got up on a platform where the house band was taking a break.
The suit alleges that the deputies whom hotel security called to escort Justin out of the hotel "applied illegal and unjustified force, and such force was excessive, causing plaintiff Justin severe discomfort and pain."
Michelle Zivojinovich was illegally arrested when she complained about the force used to subdue her husband, including being repeatedly hit with a Taser stun gun, according to the suit.
Deputies said Alex Zivojinovich pushed a female deputy down a stairwell and spit in another deputy's face when he tried to intervene.
Rush's founding member suffered a broken nose and other injuries in the scuffle.
Messages left early Friday for the attorneys who represented the Zivojinoviches in their criminal cases were not immediately returned. Messages left early Friday for Ritz-Carlton officials and at the Collier County Sheriff's office were also not immediately returned.
In April, Alex Zivojinovich and his son accepted plea agreements to serve 12 months' probation and pay court costs. The agreement called for each to plead to a single misdemeanor charge of resisting arrest without violence. Adjudication was withheld, meaning there will be no formal conviction if they successfully complete probation.
Rush's hits have included "Tom Sawyer," "Limelight" and "The Spirit of Radio" since the Canadian trio's first album debuted in 1974.