A federal judge has set an Oct. 4 hearing in a civil rights lawsuit filed by a Tarrytown couple against a former Sleepy Hollow police detective.

Mario Gomez, 54, and his now-former wife Awilda Gomez, 48, of Tarrytown claim former Sleepy Hollow Det. Jose Quinoy beat, kicked, and illegally used a stun gun on them during an Oct. 17, 2006, street brawl outside Sleepy Hollow police headquarters.

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The fight stemmed from Mario Gomez's belief that the married Quinoy, 39, was apparently romancing Gomez's 22-year-old daughter -- a claim that both Quinoy and the daughter denied.

Federal prosecutors charged Quinoy with criminally violating the civil rights of Gomez and well as another man in a separate incident in the village. Quinoy was cleared by a federal jury in 2010 of two of the three charges in the Gomez case. But the jury deadlocked, with 11 of the 12 members in favor of acquittal, on the charge that Quinoy brutalized Mario Gomez. Federal prosecutors decided against retrying Quinoy in the case.

He had been suspended from the Sleepy Hollow police department while the case was pending. He left the department a short while after the criminal trial and now works for the Mount Vernon City police department.

U.S. Magistrate Judge George Yanthis on Tuesday scheduled an Oct. 4 conference in the lawsuit, which was filed in 2007. The lawsuit does not ask for a specific dollar amount. No trial date has been set.