05/15/2007

Man sues after cops allegedly ram house

He seeks money for lost income, security deposit

By VICTOR SKINNER

vskinner@record-eagle.com

TRAVERSE CITY — Joseph Giganti's life and home recently took a hit when Traverse Narcotics Team officers allegedly rammed into his rented residence, then seized property during a drug raid.

The Traverse City businessman is suing the state police agency for a $2,700 security deposit he forfeited after a TNT vehicle allegedly collided with his rented residence during the April 5 drug raid, according to Giganti's lawsuit.

More importantly, state police also should repay Giganti, 24, and his family for lost income because TNT officers illegally seized disc jockey and wood-cutting equipment the family uses for their businesses, the lawsuit said.

"Our client's property has been taken with no due process and without justification or any factual basis at all,” said Jim Aprea, one of two attorneys representing Giganti.

Aprea said authorities are required by law to either file a forfeiture claim to hold the seized property or return it to its owner. So far, they have done neither, he said.

"We were forced by their inaction to take our own action,” Aprea said.

TNT Lt. Kip Belcher referred comment to state police headquarters in Lansing. Melody Kindraka, spokeswoman for the state police, acknowledged the lawsuit but declined to comment.

Grand Traverse County Prosecutor Alan Schneider said his office is not handling the case.

"TNT did not bring us information from which we could file a complaint for forfeiture because, according to them, they are looking to the federal authorities to bring an indictment and also to handle the forfeiture aspect of it,” he said.

U.S. Attorney's Office spokeswoman Kaye Hooker did not return messages for comment Monday.

Meanwhile, Giganti and his family continue to lose potential income, said Michael Stepka, Giganti's other attorney.

Giganti lost a contract for music services at one wedding and "they will continue to lose them as long as TNT retains this property,” Stepka said.

Officers found about a half-ounce of marijuana and a water pipe in the raid, but no evidence of drug dealing, Stepka said. Giganti has not been charged with a crime, court records show.

Giganti was forced to move from his home and struggled financially since the raid, Stepka said.

"He is a very hard-working, self-made person,” Stepka said. "He recently got married and has a baby and this has caused a great disruption to his family, as well.”