The Ile Camera
A Heritage Newspaper
Weekly Publication
Father sues police officers
Man was ticketed for son's alleged truancy
By Lena Khzouz, The Ile Camera
PUBLISHED: March 16, 2007
A Grosse Ile Township man has filed a lawsuit against three township police officers and Police Chief William Barron for allegedly wrongly ticketing him and searching his property in relation to his son's school attendance.
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The lawsuit stems from a time when Terry White's son was suspended from school in November 2004.
After that suspension began, White allegedly began home schooling his son, but officers allegedly entered the house illegally and charged the father with truancy.
"All the criminal charges that they attempted to file were dismissed," said White, who is a retired Pontiac police officer.
He said this has been the "most outrageous conduct" on the part of police that he has ever seen.
The lawsuit alleges malicious prosecution; unlawful entry, search and seizure pursuant to warrant void of probable cause; unlawful arrest pursuant to warrant secured without probable cause; supervisory liability; and gross negligence.
It has been filed in U.S. District Court due to the alleged violation of the Fourth Amendment to the U.S. Constitution, which deals with "unreasonable searches and seizures."
White has sued Officers Kenneth Pelland, Daniel McLaughlin and Douglas Carmack in relation to the incidents. The lawsuit specifically names Pelland for false arrest and malicious prosecution.
Barron has been named for "supervisory liability."
Barron said this week that he could not comment about the pending litigation.
He said the attorney who is to represent the Police Department had yet to be determined by the township's insurance carrier.
The lawsuit relates to incidents that began in November 2004, when White's son was a seventh-grader attending Grosse Ile Public Schools.
His son was suspended for allegedly violating a rule or regulation of the school. Specifically, he allegedly had written an inappropriate note.
White said this week, however, that the reason for his suspension has nothing to do with the issue at hand.
"The note is of no consequence to the lawsuit," said Fred Gibson, the attorney who represents the family.
"(It's) not even an issue in the lawsuit. The fact that he was suspended is really the only issue."
When asked if the opposing side would argue that comment, he said they would have no reason to; Pelland had submitted warrant requests to the Wayne County Prosecutor's Office, but they were denied.
"The issue of the note is not an issue, so they'd have no reason to say otherwise," Gibson said. "The issue was the truancy against the dad for 'not educating' him according to state guidelines."
As the police liaison officer, Pelland was directed by Barron to investigate White's son's actions and pursue criminal charges, according to the document.
Pelland interviewed the boy and subsequently sought to prosecute him for the actions that were the basis of the suspension.
Pelland's request was denied, according to the filing.
"Following his son's suspension and while pursuing the school district's internal administrative appeal process to dispute the suspension imposed, ... White engaged in the home schooling of his son," the document says.
In February 2005, Pelland requested and received an arrest warrant charging the father with truancy.
In March of that year, White appeared at 33rd District Court and was released on bond.
On April 7, 2005, White and the school district entered into a written agreement resolving a number of administrative issues and appeals initiated by White involving his son, according to the document.
Incorporated into the agreement was an affirmation by the district that it had not initiated or requested any action be taken against the father for a truancy violation, it says.
Afterward, White filed a motion in the Woodhaven court to quash the arrest warrant, dismiss the charge and expunge his record.
While waiting at the court for a hearing on that matter to begin April 26, 2005, White received notice from his son that Pelland was at his house, according to the document.
It says that Pelland had entered his house without permission, had attempted to interrogate his son knowing there were no adults in the home and knowing the minor was represented by counsel, and had refused to leave upon repeated requests to do so.
That morning, the court granted White's motion to dismiss the case, but because the prosecution intended to refile the case, the court denied his motion to expunge the record.
Several hours after the case was dismissed, Pelland, McLaughlin and Carmack appeared at White's house with a warrant — which allegedly had been secured by Pelland — to search for and seize "all schoolbooks, educational materials, assignments, computers, computer programs, discs, notes, papers and records used for home schooling."
"Although Pelland, McLaughlin and Carmack seized a number of items, the officers refused to show ... and/or inventory the items they had seized, including a safe, in the presence of Mr. White as required by statue, despite Mr. White's request they do so," the document says.
On April 27, 2005, the three officers again appeared at White's house with another warrant secured by Pelland to search for and seize items.
They were "a black hooded jacket with a gold Grosse Ile Police Department emblem embroidered on the front; a set of silver key rings containing several keys, including two black Ford keys with automatic vehicle locking mechanisms and keys to multiple residential homes; and a blue police-issued Garrison-style hat."
Unbeknown to White, one or more of them had left personal and/or police property at the house on the prior evening, according to the document.
The officers allegedly found what they were looking for in the garage.
In November 2005, Pelland notified White that the property taken from his house on April 26 and April 27, 2005, could be picked up at the Police Department.
White later filed a motion at 33rd District Court to quash the April 26 and 27 search warrants, to suppress the evidence seized and to expunge his record.
According to the filing, on March 7, 2006, the court ruled "that no probable cause existed to support either warrant or to justify the seizure of any evidence."
The lawsuit that has been filed alleges that Pelland was motivated by malice or a purpose other than that of bringing White to justice.
It also says that White's son was not voluntarily absent from school and that White had appealed the school's suspension action.
According to the document, the school district had entered into an agreement to provide in-home tutoring for his son.
White alleges that he has suffered mental anguish, embarrassment, humiliation, expenses incurred and loss of time in protecting and defending himself against the prosecution, deprivation of liberty and the society of family, injury to reputation and personal mortification.
The lawsuit seeks compensatory and punitive or exemplary damages, as well as interest, costs and reasonable attorney fees.
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