A neighbor’s complaint about a loud radio led to a confrontation in a Robson Road garage between two Van Buren Township police officers and resident James Gamble, who recently sued the officers on a variety of charges – including violation of his Civil Rights.
The law suit was filed Oct. 11 in Wayne County Circuit Court and then removed to federal court on Nov. 11.
A scheduling conference is set for 10:30 a.m., Dec. 1, in the chambers of Federal Judge Gerald E. Rosen, to discuss details of the case and possible mediation.
Gamble is suing VBT Officers Scott Griggs and Patrick Wehrman over an incident that occurred at about 10:30 p.m., Oct. 19, 2009.
The law suit said Gamble was in a garage listening to the radio at his residence with the garage door a quarter-way closed to conserve heat.
The suit claims the two officers appeared at his home, walked into his garage and demanded that 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.
Gamble also claims Officers Griggs and Wehrman searched through Gamble’s property “at which time he requested that they desist from touching his property.”
The suit claims the two officers sent Gamble’s wife, who had appeared in the garage, back into the house, ostensibly to retrieve Gamble’s driver’s license.
Once the wife was gone, the two officers “set upon him,” the suit claims.
The officers declared Gamble was out of control and “called him a ‘nigger,’ a ‘moron’…” and other names, the suit said.
Gamble said one of the officers seized him while the other “fell upon him” and struck him with such brutality on his head that he lost consciousness.
Then he was taken to jail where he “languished” about two hours before being conveyed to a hospital, the suit said.
Gamble said he is diabetic, but the officers said he was drunk.
Gamble said he lost his vision, became groggy during his ordeal, and could not remember any phone numbers to call while in jail. He said he was released from the hospital about four hours after his beating, where his wife picked him up.
He said he went to the VBT Police Station to file a complaint, but was told he had to file it with the Michigan State Police. Gamble said the state police told him he should go back to the VBT police.
Gamble said he began to receive tickets in the mail, each containing a different charge: breach of peace, interfering with the police, and assault and battery of a police officer. He was prosecuted on the charges.
Gamble alleges the “wrongful acts” of the police caused many debilitating injuries, some permanent, which include: a head injury, seizures/blackouts, psychiatric problems, and numbness on the left side of his face from temple to jaw. He also suffered other injuries, he said, that hampered his enjoyment of life.
The counts include false arrest, false imprisonment, malicious prosecution, and violation of Civil Rights.
In the answer to the lawsuit, the attorney for the township states the officers responded to a complaint from a neighbor about loud music and police found the garage door almost completely raised/ opened position.
The officers admit that they informed Gamble that his music was too loud and that he needed to turn his radio down, but deny that they initially walked into the garage. They state they were met by Gamble and his wife outside the garage.
The officers also stated that the wife went into the garage and turned the music down and Gamble responded by going and turning the radio volume back up, refused to heed the officers’ directives, and became progressively more aggressive.
The officers admit that Mrs. Gamble was asked to retrieve Gamble’s identification, but deny that they “set upon” him.
The officers admit that Gamble was “out of control” but deny calling him any racially or ethnically motivated slur. The officers said they believe there are audio recordings which capture the dialogue between them and Gamble.
The officers said they sought to take Gamble into custody by handcuffing him and he resisted, necessitating the officer taking him to the ground. The officers deny they struck him with brutality in the head 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.
VBT Public Safety Director Carl McClanahan said there is no record that Gamble filed a complaint on the incident, but otherwise could not comment on the pending law suit.
Gamble is represented by Stanley Okoli and Daniel G. Romano of Southfield and the officers are represented by Margaret T. Debler of Johnson, Rosati, LaBarge, Aseltyne &Field of Farmington Hills. She has asked the court to dismiss the law suit against her clients.