Despite Jason Gutterman’s false claims in a May video on YouTube, no lawsuit has been filed in either Arizona nor federal court as of Oct. 20, 172 days beyond the alleged 45-day deadline set by the lawyer’s letter.
Brandon J. Grable, an attorney based in San Antonio, Texas, has sent a “pre-suit demand and notice of intent to file” a federal lawsuit claim under Title 42 U.S. Code §1983 alleging Sedona police violated the constitutional rights of his clients: Jason and Ben Gutterman, regarding an incident on April 8, that began with a call to police about alleged harassment and subjects being aggressive to customers at an Uptown store.
Grable notes that federal civil rights demands under §1983 claims do not require a notice of claim under Arizona Revisied Statute §12-821.01. The letter gives the recipients 45 days to respond. Grable demands payment of $25,000 to each of his clients in addition to other relief demands.
“The city of Sedona is aware of the claim and it is under review with the City Attorney’s Office,” the city stated May 6.
Grable did not respond to requests for comment about why he chose to send a “pre-suit demand” rather than file the suit in federal court.
