Lawsuit: Madison Heights police tased, tackled 74-year-old after neighbor dispute

A Madison Heights man who was tackled and tased when he did not immediately step out of his house when police asked has filed an excessive force lawsuit against the Madison Heights Police Department.

Larry Vance White's neighbors called the police in July 2022 when White invited the neighbor's two young children, ages 3 and 4, inside for ice cream, according to the lawsuit and body camera footage. The neighbor told police White was offering his kids candy and sweets even though he asked him not to, according to body camera footage, and said White was trying to "lure" his kids over to his house. He said White brandished his gun at him when he went over to talk to him.

White, who was 74 at the time, told police the children had asked for ice cream. His attorney, Jon Marko, said the neighbor's kids were often unsupervised and he felt bad for them.

When police ordered White outside, they said it was an "emergency" situation, despite the kids being home already and unharmed, according to the lawsuit. He refused, asking if they had a warrant, according to the lawsuit. He told them about the gun holstered on his hip when they asked. White later told the officers they could have sat down to have a conversation, and one of the officers said, "We don't play that way."

There was no ongoing emergency or danger to the community and the kids were back home, Marko said.

The lawsuit names Madison Heights police officers Thomas Baker, Rick Zamojski, James Rayner and John Heinrich as well as the Madison Heights Police Department. Madison Heights Police Chief Brent LeMerise declined to comment on the lawsuit.

Several officers grabbed White's arm to pull him out of his home when he said he did not want to step outside. Four officers tackled him to the ground and tased him multiple times, even as they held his arms behind his back. He begged them to stop and told them he had a heart condition.

One of the officers said, "you (expletive) idiot, going for your (expletive) gun" as he fought to cuff White, according to the body camera footage Marko provided reporters. It does not appear in the body camera footage that White went for his gun, as both of his hands are visible or not near his waist until police start trying to drag him out of the house.

Zamojski unholstered White's gun and put it to the back of his head, execution style, while White was being held face down on the ground, according to the lawsuit.

Police falsely accused White of "going for his gun" and falsely reported that he disobeyed police and refused to cooperate, according to the lawsuit. They also said he immediately became combative, that he kept fighting with officers, that he pulled officers into the house and that he refused to comply with officer's orders, which is all untrue, according to the lawsuit.

Officers had long enough to intervene and stop the excessive force but chose not to do so, according to the lawsuit.

White was charged with felonious assault and resisting and obstructing officers, but the charges were dismissed after Oakland County Judge Kwame Rowe granted White's motion to suppress evidence obtained after police illegally entered and searched White's home without a warrant.

He was injured after police tackled and assaulted him, according to the lawsuit. He has a torn rotator cuff in his shoulder and needs surgery because a 6-inch chunk of his spine isn't receiving proper spinal fluid circulation. He has had memory loss and cognitive difficulties, two mini-strokes and had a major stroke in December 2022. He has been going to therapy two to three times per week after being diagnosed with PTSD.

"The prognosis indicates that Larry may never fully recover from the effects of the surgery, further impacting his quality of life," according to the lawsuit.

The lawsuit was filed Tuesday in the U.S. District Court for the Eastern District of Michigan. It seeks $75,000 in damages or whatever a jury decides to award.

kberg@detroitnews.com