LANSING — The Lansing jail officer who

also was named in a 2009 lawsuit filed by a man who said the same officer was among a group who battered him at the Lansing detention facility.

David Gladstone was suspended and placed on paid administrative leave by the Lansing Police Department after he was formally charged on March 22 with misdemeanor assault and battery. He allegedly assaulted an inmate at the city's jail on March 8.

Gladstone, 54, of Eaton Rapids, was one of four Lansing Police Department employees named in the 2009 lawsuit. The

city of Lansing eventually settled the case for $46,500, according to the plaintiff's lawyer.

The plaintiff, Michael Gallagher, was detained by police early July 5, 2007.

Officers were responding to a fight in the area of Felding and Deerfield streets. Gallagher, who was not part of the fight, was arrested after he complained about the officers' handling of the situation.

When Gallagher arrived at the Lansing Police Department that day, Gladstone grabbed his head, jerked it back and said, "Who's the [expletive] now?" according to court records. Gallagher responded with profanities aimed at Gladstone.

Gladstone then shoved Gallagher face-first into an elevator door, the lawsuit says. When the doors opened, Gladstone shoved Gallagher again, causing him to slam face-first into the wall of the elevator, the complaint contends.

Gladstone put Gallagher in a chokehold with his arm to the point Gallagher nearly fainted as the elevator rose from the basement level of the Lansing Police Department to the jail several floors up, the lawsuit alleges.

Just before losing consciousness, Gallagher heard another jail officer in the elevator say, "Guys, we're nearing the top, you've got to stop," according to the complaint. It says the officer repeated that several more times before the elevator stopped.

Later, as he was being booked at the jail, Gallagher told that officer, "Thank you, you saved my life," the complaint says.

Gallagher was charged with loud and boisterous conduct and resisting/obstructing police, both municipal ordinance violations. He agreed to a plea deal, pleading guilty to the former charge in exchange for the latter's dismissal.

When Gladstone's charges and subsequent suspension were announced, then-Lansing Police Chief Teresa Szymanski said her department would conduct a parallel internal investigation, which could result in Gladstone's termination, regardless of the outcome of his criminal matter.

"All allegations or complaints against department members are taken seriously and thoroughly investigated," Szymanski said at the time. "The allegation against D.O. Gladstone in this matter is disappointing and if the allegation is found to be true, it will not be tolerated by the Lansing Police Department."

Nick Bostic, who filed the lawsuit on behalf of Gallagher in 2009, said Szymanski's comments upset him.

"It perturbs me that the chief said they take all (such cases) seriously, because they don't," he said.

When asked why he believes that, Bostic responded, "Gladstone still works there."

Bostic said he wasn't surprised when he heard Gladstone was back in the news for allegedly assaulting another inmate.

"There's a culture among a few supervisors here and there where they'll allow (assaults of suspects) to go unaddressed," Bostic said. "You can't say it's department-wide. It's circumstantial and sporadic.

"But there are decisions made there that are bizarre and don't make sense."

Trial postponed

Gladstone demanded a jury trial, originally set for May 20 before Lansing District Judge Charles Filice. The proceeding

to June 25 after a motion from Gladstone's attorney, Brett Naumcheff, to allow for additional discovery, obtain an expert witness and discuss with his union "possible resolutions," court records show.

Naumcheff declined to comment.

Gladstone belongs to Teamsters Local 580, whose president, Mike Parker, declined to comment on union matters but did say the organization backs the jail officer.

"We completely support David Gladstone, but we have no comment past that," he said.

Gladstone's alleged assault and battery victim on March 8 was a person named Kane Wicks, court records show. The court did not provide an age for Wicks.

Three Lansing police sergeants, a jail officer and a man named Kevin Wicks were listed as witnesses in a sworn complaint against Gladstone. Kevin Wicks' relationship with Kane Wicks is unknown, and calls placed to him were not returned. Lansing District Court has no record of Kane Wicks ever being criminally charged.

Gladstone was released on a $500 personal recognizance bond on March 22. If convicted of assault and battery, he faces up to 93 days in jail and $500 in fines.

His potential departmental discipline ranges from counseling to termination.

Follow Brandon Howell on

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