Former firefighter alleges Michigan State Police officers violated constitutional rights during incident

Theodore Levin Federal Building
Theodore Levin Federal Building
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A retired public servant claims he was unlawfully detained, threatened with incarceration, and subjected to an illegal vehicle search by law enforcement officers in an incident that he says led to significant physical and emotional harm. The complaint was filed by Gerald Funk Jr. in the United States District Court for the Western District of Michigan on April 1, 2026, naming Jay Peterson and Matthew Demny, both police officers with the Michigan State Police, as defendants.

According to the filing, Funk is a former firefighter and first responder who had assisted Wyman Funeral & Cremation Services with body removals since 2011. The dispute centers on events that took place on November 17, 2025, when Funk arrived at a residence on Rasmussen Road in Mason County to help collect a handmade coffin. After parking his vehicle near the property—a location where he had previously parked without issue—Funk alleges that Trooper Demny confronted him upon his return to his truck.

The complaint states that Demny berated Funk for parking on what Demny described as ‘his’ lawn and accused him of trespass and malicious destruction of property. Despite apologies from both Funk and Randy Wyman, owner of Wyman Funeral & Cremation Services, Demny allegedly continued to threaten Funk with incarceration and refused offers to resolve any perceived damage or inconvenience.

Funk further claims that Demny mocked him during the encounter and prevented him from leaving the scene. When Funk requested the presence of the Sheriff’s Department out of concern for his safety and liberty, deputies from Mason County responded but were reportedly unable to de-escalate the situation immediately. According to court documents, even after their arrival, Demny persisted in threatening Funk until Deputy Claveau advised Funk he was free to go.

The lawsuit outlines three counts: violation of civil rights under Section 1983 for false arrest; violation of civil rights under Section 1983 for unlawful search; and intentional infliction of emotional distress under federal tort law. Specifically, it is alleged that Demny searched Funk’s vehicle without consent or probable cause while leaving personal belongings scattered inside. The complaint asserts that at no time did Demny possess a valid search warrant or observe contraband in plain view.

Funk contends these actions caused him intense anxiety, depression, post-traumatic stress disorder related specifically to interactions with state troopers, exacerbated health problems due to an existing medical condition requiring a hemodialysis port, loss of income from his employment with Wyman Funeral & Cremation Services, and ultimately forced him into early retirement.

The legal arguments focus on alleged violations of Fourth Amendment protections against unreasonable searches and seizures as well as Fourteenth Amendment guarantees against deprivation of liberty without due process. The complaint also accuses Peterson—Demny’s colleague—of failing to restrain or correct what are described as unconstitutional behaviors during the incident.

As relief from the court, Funk seeks compensatory damages for lost wages and other harms suffered as a result of defendants’ actions; exemplary or punitive damages specifically against Demny for what is characterized as egregious conduct; reimbursement for legal costs including attorneys’ fees; and any additional relief deemed appropriate by the court.

The case is being handled by attorney Megan M. Scott (P85721) of MY SCOTT LAW PLLC based in Brethren, Michigan. The case identification number is 1:26-cv-01089.

Source: 126cv1089_Gerald_Funk_v_Jay_Peterson_Complaint_Eastern_District_of_Michigan.pdf



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