Nelson Po sues Sumpter Township over raid on his business

On Sept. 23, Nelson Po filed a law suit in Wayne County Circuit Court against Sumpter Township, Sumpter Detective John Toth, and Sumpter Supervisor John Morgan.
He claims conversion, stating the defendants converted, stole, extorted, and/or confiscated Po’s personal property on Aug. 16 when they raided his home and medical marijuana business on Harris Road.
On Sept. 16, Po’s wife Clarita filed suit against the same defendants about what happened to her as a result of that raid.
Their attorney Ronald Reese Ruark said a third, major law suit is coming for a violation of Civil Rights.
The most recent suit, 16-0122180-NO, states Po, 67, is a medical marijuana caregiver in Sumpter Township and has six patients, including himself, and six State cards for these patients.
The suit states even though Po is not licensed with Sumpter Township to grow medical marijuana, Po entered into a Deferred Prosecutorial Agreement with Sumpter which allows him to grow medical marijuana in Sumpter without a license.
In the Agreement, Sumpter agreed to allow Po to grow medical marijuana in the township without a township license in exchange for $40,000.
The suit said the township police, led by Detective John Toth, raided his property at about 10:30 a.m. Aug. 16, although they knew Po grew medical marijuana at the property pursuant to the Agreement.
The suit claims the search warrant was fraudulently procured from the 34th District Court by Det. Toth and Sumpter Township.
The suit states, “The search warrant obtained by the government states that ‘[t]he township has agreed to forgo the suspended license with the understanding that Po diligently pursue moving the marijuana grow out of the residential zone into the industrial zone.’” This search warrant is Exhibit A.
The search warrant states that the government can seize, secure, tabulate, and make return according to the law the following property and things:
“A tabulation of how many marijuana plants are at this location and in the event there are more plants a [sic] then [sic] allowed under state law, all illegal marijuana, marijuana equipment, money, computer equipment related to marijuana, and all items related to marijuana trade.”
Po was raided for allegedly growing marijuana in excess of the legal limit allowed.
The suit claims that on Sept. 8, Sumpter Police Officer Elizabeth Egerer served Po with a drug asset forfeiture Notice of Seizure and Intent to Forfeit, 23 days after the raid.
Po refused to sign the Notice, as counseled by his attorney.
In the suit it is alleged that as of Sept. 23, Sumpter Township has not promptly filed forfeiture proceedings in Wayne County.
In the suit it states the property seized has a fair market value of over a million dollars and that Sumpter Township is attempting to steal property from Nelson Po that has nothing to do with medical marijuana. Exhibit B is the list of 91 items listed for forfeiture.
Among the items Sumpter is extorting from Po, the suit states, are Rolex watches, wedding rings, televisions, three automobiles, several bottles of Dom Perignon, and other items that do not fall under provisions of the search warrant.
The first count, Conversion, states Po is allowed to grow 72 medical marijuana plants and police destroyed them. Also, the defendants had no right to take the personal property and assets of Po.
Po demands the return of all his personal property, including the cash, his 2016 Porsche, a red 2014 Chevrolet pick up, his black 2015 pick up, several televisions, 10 LED light fixtures, 14 Magnum hoods, 30 ballast, 48 video cameras, a video surveillance system, and other items.
Count 2 is Violation of the Michigan Medical Marihuana Act that states that any paraphernalia or licit property that is possessed as allowed under this act shall not be seized or forfeited.
Po wants all his property back and/or a judgment amount of one million dollars, including compensatory and punitive damage and double and treble damages allowed under Michigan law, together with costs, interest, and attorney fees.
A jury trial is demanded.