The former operator of the Best Western hotel in Boone, where three people died of carbon monoxide poisoning in 2013, is now suing the town of Boone. Barry Damon Mallatere has filed for damages claiming the town violated his constitutional rights by maliciously initiating and continuing a prosecution against him. Malatere was charged with involuntary manslaughter in connection to the deaths of an elderly couple and an 11-year-old boy due to carbon monoxide poisoning at the Best Western hotel that he operated. Charges against Mallatere were dropped in March of 2016 after a plea deal in which the management company, Appalachian Hospitality Management, pleaded guilty to the charges. The company was then dissolved. The complaint, which was entered into district court on January 10th, alleges that “multiple policy makers,” including the town council, manager, police chief, planning and inspections director and fire chief, directed employees to seek criminal charges against Mallatere without probable cause. Malatere also claims that as a result of the very public charges he has been unable to secure any gainful employment in his field. Mallatere is seeking a trial by jury and monetary damages.
