The Civil Rights law suit of James Gamble of Van Buren Township vs. VBT Police Officers Scott Griggs and Patrick Wehrman has had its schedule changed as it headed for a Nov. 5 trial.
The final pretrial conference scheduled for Oct. 25 and the trial set to begin Nov. 5 have been cancelled pending a decision on a summary judgment motion, according to a notice put out at U.S. District Court, Eastern District of Michigan, Southern Division.
The Civil Rights case is pending before Judge Gerald E. Rosen.
The notice, which was sent out on Oct. 18, said the court will issue an order resetting dates for the submission of the Joint Final Pretrial Order, Final Pretrial Conference, and Trial, if necessary, pending resolution of the motion to dismiss.
Griggs filed suit against the two township police officers on Oct. 11, 2011, after an incident in the garage of his home on Oct. 19, 2009. He seeks a minimum of $25,000 in addition to costs, interest, and attorney fees.
Griggs claims he was beaten by the officers after they came to his home on Robson Road at about 10:30 p.m. to investigate a neighbor’s complaint of a loud radio playing in the garage.
The law suit claims Gamble was in a garage at his residence listening to the radio, with the garage door a quarter-way closed to conserve heat.
The suit claims the two officers appeared at the Gamble home, walked into the garage and demanded he turn off his radio. The suit said he declined to turn off the radio, stating he was on his own property and that the radio was not loud.
The suit claims the two officers “set upon him,” called him names, and struck him on his head with such brutality that he lost consciousness.
The suit alleges other wrongful acts including false arrest, false imprisonment, malicious prosecution, and violation of Civil Rights.
The officers deny they struck him with brutality or that Gamble lost consciousness. They said he was taken to jail, but they didn’t know how long he was there before being transported by Huron Valley Ambulance to Annapolis Hospital for evaluation.
Gamble is represented by Stanley Okoli and Daniel G. Romano of Southfield. The officers are represented by Margaret T. Debler of Johnson, Rosati, LaBarge, Aseltyne & Field of Farmington Hills.