Belly-bump suit trial date is bumped to September 2011
</element><element id="paragraph-1" type="body"><![CDATA[A trial date has been set for September 19, 2011 in a federal lawsuit filed after a 2008 belly-bumping incident at a Harrisburg City Council meeting.
A settlement conference originally set for Aug. 5 was reset to March 4, 2011. All parties to the lawsuit, filed by John Stanley, will meet to state their positions and try to work out a settlement, according to court documents. Defendants include Commissioner Russell Duncan, Police Chief Bob Smith and the city council in general.
Stanley, a tea party activist and business owner, filed the lawsuit Oct. 1, saying his civil rights were violated during the incident at council. Stanley was speaking about what he described as illegal city hiring practices, particularly the hiring of Smith as police chief. Smith is a cousin of Bill Rice, a former commissioner who is now deceased. Mayor Valerie Rose Mitchell advised Stanley he had used his allotted speaking time - a limitation the lawsuit contends was an abridgement of Stanley's free speech.
Duncan rose from his seat to confront Stanley, according to the lawsuit. Duncan began yelling and using "abusive, loud and vile language" with Stanley. Duncan clenched his fist, at which point Stanley removed his glasses out of fear of getting hit, the lawsuit contends. Duncan then pushed Stanley back with his hands, the lawsuit contends. Next, Duncan "belly-bumped" Stanley twice.
Smith rose and ejected Stanley from the City Council meeting. Stanley was detained briefly by police, but not arrested. A subsequent State Police investigation into the matter resulted in no charges filed against anyone.
Stanley's lawsuit asks $1.5 million in damages.
The defendants have denied the allegations and asserted government bodies and their officials are not liable for punitive or exemplary damages resulting from lawsuits.