The family of a man found with a massive brain injury in a police cell wants to have the Sussex force removed from the inquiry into what happened.
Garry Reynolds, 39, is still critically ill more than eight weeks after being arrested in Brighton on Sunday 2 March.
His family have been granted a judicial review in the High Court of the Sussex Police inquiry into the incident.
Sussex Police said: "We can confirm that a judicial review hearing has been set for 9 May."
Mr Reynolds, from Southwick, had spent the evening of 1 March at a private party at the Rock public house in Rock Street, Kemp Town.
At about midnight, he is thought to have left the party and was picked up by a taxi driver in Eastern Road.
At about 0235 GMT, the taxi driver stopped in West Street to ask for assistance from police and Mr Reynolds was arrested and taken to Brighton Custody Centre.
Independent investigation
Mr Reynolds was found seriously ill in a police cell shortly after 1100 GMT that same morning.
He was taken to hospital, where he was in a coma for several weeks.
The Independent Police Complaints Commission (IPCC) is investigating what happened after Mr Reynolds came into contact with police.
Sussex Police is investigating what happened up to that time.
Mr Reynolds's brother, Graeme, has applied for the judicial review to try to replace Sussex Police with another force.
His solicitor, Daniel Machover, said: "The outcome which Graeme Reynolds seeks is an independent investigation into all of the events which happened to Garry Reynolds in the early hours of 2 March."
Surrey Police has reviewed the Sussex investigation, but Sussex Police has not agreed to the family's request for a different force to investigate the incident.
"The action is being taken by the family of Garry Reynolds against the Chief Constable and concerns the decision to conduct two separate investigations," said a statement from Sussex Police.
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