So when will this type of behavior simply be eliminated? Where's the federal monitor at?
Robert Snell/ The Detroit News
Detroit— A Livonia man is suing the city and two Detroit Police officers in federal court, claiming he was sucker-punched while being escorted out of the MGM Grand Casino — an incident captured on surveillance camera.
The lawsuit is the second case in recent months filed against the city involving assault allegations and surveillance tape. In June, Police Chief Ralph L. Godbee placed an officer on restricted duty after The Detroit News publicized a civil rights lawsuit filed by a man who claims he was assaulted outside a Detroit gas station.
The casino incident happened after officers responded in late July to a report that Patrick Poisson had inappropriately touched a "Grandette" waitress inside the casino in downtown Detroit. The waitress told police that a drunken man touched her butt with his right hand.
The video contradicts the police version of events, the man's lawyer Wolfgang Mueller told The Detroit News on Monday.
"When you look at the video and read the police report, it's describing two different incidents," Mueller said.
The lawsuit seeks unspecified damages for violating Mueller's constitutional rights, assault and battery, malicious prosecution, gross negligence and intentional infliction of emotional distress.
There was no immediate comment from a police spokeswoman.
Poisson sued the city and Officers Arthur Dudal and Jose Ortiz on Friday in U.S. District Court in Detroit.
The incident happened July 30. MGM security called Detroit Police after a report that Poisson inappropriately touched a waitress's butt and would not leave the U Me Drink bar.
Dudal and a second officer, Hassan Chehab, approached Poisson, according to the lawsuit. Dudal told Poisson to leave immediately.
Poisson started leaving the bar, and then turned to Dudal.
The men stood face to face.
"Suddenly, and without warning, Dudal threw a roundhouse right hand punch, striking (Poisson) squarely on the nose, fracturing it," Mueller wrote in the lawsuit. "(Poisson) was driven to the ground, temporarily knocked out. However, before (Poisson) hit the ground, Dudal followed with a left hook to the head, driving Plaintiff to the floor."
Dudal also punched Poisson on his right side, breaking two ribs, according to the lawsuit.
On Aug. 1, Ortiz filed a warrant request to charge Poisson with assault and battery, and 4th degree criminal sexual conduct for touching the MGM waitress.
In the request, Ortiz wrote that Poisson "turned around and charged at Officer Dudal. The defendant attempted to strike Officer Dudal with his right fist but missed," according to the lawsuit. "The defendant charged at Officer Dudal a second time. Officer Dudal, in an attempt to defend himself, struck the defendant's face with his left fist. The defendant fell to the ground and was still fighting with Officer Dudal."
The officer's report failed to mention the waitress told him she didn't want to press charges, according to the lawsuit.
Mueller's client denies inappropriately touching the waitress.
The Wayne County Prosecutor's Office signed the warrant, based on Ortiz' report. The criminal sexual conduct charge was dismissed on Aug. 15 when the waitress appeared in court and said she didn't want to press charges.
On Sept. 12, the prosecutor's office dismissed the remaining charges after watching the surveillance tape, according to the lawsuit.
Mueller wants Dudal fired and charged with assault and battery.
From The Detroit News: http://detnews.com/article/20110926/...#ixzz1Z6FpKab1