This follows a failed mediation attempt by the Attorney General through a judiciary settlement in court with the plaintiff, Suitupe Misa.
Suitupe is suing the Ministry of Police, the former Minister of Police and the Police Commissioner for half a million US dollars for general damages, aggravated and punitive damages.
He said he was unlawfully arrested at gun point at Fugalei market in October 2015 without any criminal charges.
In a report, the Ombudsman Maiava Iulai Toma found the police raid was unlawful.
The Ombudsman had also raised concerns on the use of arms in broad day light in a public place.
The case is scheduled to be heard in November.
Photo: RNZI/Sally Round Samoan police headquarters in Apia
Radio New Zealand