Tag: wrongful arrest

Colorado Cops Falsely Arrested Him for a DUI. Now He’s Getting a $400,000 Settlement.

Harris Elias was driving home one night in January 2020 when he was pulled over by a Loveland, Colorado, police officer and falsely accused of driving drunk. Even after a breathalyzer test proved that he was sober, Elias was forced to take a blood test—which again proved his sobriety. 

After the arrest, Elias filed a lawsuit against the officer who arrested him. This week, the city of Loveland agreed to pay $400,000 to settle the case.

At around 10:30 p.m. on January 4, 2020, Elias was driving home from his girlfriend’s house when he was pulled over by Loveland police officer William Gates, who was part of a DUI-specific task force. Gates claimed that Elias failed to signal a lane change—a claim Elias disputes.

“Officer Gates regularly claims (falsely) that the drivers he arrests for DUI did not signal a lane change,” claimed Elias’ suit, which was filed in January 2022. “Gates does so because this is one of the most difficult allegations to disprove, given that Loveland PD does not employ dash cams (only bodycams) and so never capture the arrested individual’s actual driving.”

The lawsuit claims that Gates attempted to confuse Elias by asking him several questions extremely quickly, including “nearly simultaneously” asking Elias for his license and registration and how much he had drank that night. 

According to the complaint, Elias found the encounter unnerving, and after fulfilling his legal obligation to provide license and insurance, he informed Gates that he was using his right to remain silent and would not answer further questions. Gates replied, in an apparent attempt to create evidence that Elias was drunk, “Well, I smell the overwhelming odor of alcohol coming from your vehicle.” 

After Elias again refused to answer further questions, Gates returned to his patrol vehicle and called for additional officers. When two more police officers arrived, they eventually decided to arrest Elias and take him to the Loveland Police Station for a breathalyzer test.

Even though Elias’ breathalyzer test showed a 0.000 percent blood alcohol content level, Gates insisted that Elias must have been intoxicated and ordered him to take a blood test. According to the lawsuit, Elias requested an attorney at this point, but “Gates told him no, that he needed to agree to comply with a blood test now or he was going to mark him as a refusal and his license would be revoked.”

Elias eventually agreed to take the test. Nearly three months later, the results again came back negative, and the case against him was dismissed entirely. But this wasn’t the end of Elias’ troubles. Elias was a Federal Aviation Administration–licensed pilot, meaning that a false DUI arrest threatened his livelihood.

The FAA “has some of the most strict mandatory reporting requirements known to any agency. The penalty for failure to report can lead to an emergency revocation of all certificates (i.e., complete revocation of his pilot’s license),” the lawsuit reads, noting that this kicked off an incredibly stressful and complex process to report and explain his arrest. Even though the case was dropped, “Elias will have to report this wrongful arrest on every medical renewal with the FAA for the rest of his life.”

But some justice was served this week when the city of Loveland agreed to pay Elias a $400,000 settlement to end the lawsuit.

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NYPD ACCUSED OF FABRICATING DOMESTIC VIOLENCE SURVIVOR’S MURDER CONFESSION

A WOMAN WHO was charged with murdering her husband in 2020 sued the New York City Police Department, alleging that police officers fabricated the confession that was the basis of the case against her. The federal civil rights lawsuit also alleges that the Manhattan District Attorney’s Office obtained a search warrant for an email account she created to draw attention to her case — and never disclosed it, as required by law. 

Prosecutors dropped their case against Tracy McCarter last December, citing insufficient evidence. In the lawsuit, which was filed on November 2 in the Southern District of New York, McCarter said she had “sustained serious physical and psychological harm as a result of being wrongfully arrested, charged, imprisoned, searched, and prosecuted.” 

The lawsuit names four NYPD officers who were involved with the arrest and one investigator from the Manhattan District Attorney’s Office who worked on the case. All four of the police officers have previously faced civilian complaints of misconduct, though such allegations are famously hard to prove. A spokesperson for the NYPD declined to comment on whether any of the officers are being investigated in relation to McCarter’s case, citing the pending litigation. The district attorney’s office declined to comment on the allegation involving the undisclosed search warrant. 

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He Was Strip-Searched and Jailed for Criticizing Cops. Now He’s Fighting Back in Court.

In July 2017, Louisiana woman Nanette Krentel was shot in the head and left in a burning house. More than two years passed before anyone was arrested. That person, however, wasn’t alleged to be the murderer. Rather, the sole arrest related to Krentel’s death was that of Jerry Rogers Jr. His crime: criticizing the St. Tammany Parish Sheriff’s Office (STPSO) for its slow investigation of the case, which remains unsolved.

Naturally, Rogers sued the department for violating his rights. In August, the U.S. Court of Appeals for the 5th Circuit ruled that his lawsuit against Sheriff Randy Smith, Chief Danny Culpeper, and Sgt. Keith Canizaro may proceed, confirming they violated clearly established law when they punished Rogers for his speech.

In 2019, the STPSO caught wind that Rogers had denounced the lead investigator, Detective Daniel Buckner, whom Rogers characterized in an email as “clueless.” To pore over his messages, the police obtained what was likely an illegal search warrant, as it listed the qualifying offense as “14:00000,” which does not exist.

Police then arrested, strip-searched, and detained Rogers. He was ultimately released on bond, and the Louisiana Department of Justice declined to prosecute the case. But the primary goal was likely retaliation by humiliation: Before Rogers was booked, the cops publicized a press release about his arrest. Canizaro testified that this was the only time he could remember the office following that order of operations. They also filed a formal complaint with Rogers’ employer, another action that Canizaro said the STPSO had never taken.

Lawyers with the district attorney’s office told police it would be unconstitutional to use Louisiana’s criminal defamation statute to arrest Rogers; the statutory language protecting public officials from criticism was rendered unconstitutional decades ago. Despite this warning from prosecutors, officers not only forged ahead with the arrest, they also sought qualified immunity when Rogers sued. This required them to attest that no reasonable officer could have known that what they were doing was unconstitutional.

The 5th Circuit rejected their argument, and its ruling buttresses the notion that victims are entitled to recourse when the government retaliates against their speech.

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Tennessee to Pay $125,000 to Settle Lawsuit by Man Arrested for Posting Meme Mocking Dead Cop

The state of Tennessee will pay $125,000 to settle a First Amendment lawsuit filed by a man who was arrested and jailed for nearly two weeks for posting a meme mocking a dead police officer.

Joshua Garton, 29, was arrested in January of 2021 and charged with harassment following a Tennessee Bureau of Investigation (TBI) probe into a pseudonymous Facebook post that appeared to show two men urinating on the tombstone of an officer who was shot and killed in 2018. A judge dismissed the charges a month later, and Garton filed a federal civil rights lawsuit alleging malicious prosecution, false arrest, and First Amendment retaliation.

In a settlement agreement filed earlier this month, two TBI agents and 23rd District Attorney General Ray Crouch did not admit any guilt, but they agreed to pay Garton to avoid further litigation costs.

“First Amendment retaliation is illegal, and law enforcement officials who arrest people for offending them will pay heavy consequences,” Daniel Horwitz, Garton’s lead attorney, said in a press release issued Monday. “Misbehaving government officials apologize with money, and Mr. Garton considers more than $10,000 per day that he was illegally incarcerated to be an acceptable apology.”

The TBI, Tennessee’s lead investigative law enforcement agency, launched an investigation into the offending Facebook post at the request of 23rd District Attorney Ray Crouch. Agents visited the officer’s gravesite and quickly surmised that the picture Garton posted was fake. It was in fact a doctored photo of the cover of “Pissing on Your Grave,” a single by The Rites, which originally depicted two men urinating on the tombstone of punk legend GG Allin.

Despite knowing that no one had physically desecrated the grave, the TBI continued its investigation, soliciting tips on Twitter about Garton’s identity. When it finally nabbed Garton, TBI put out a press release, complete with mugshot, announcing his arrest for “manufacturing and disseminating a harassing photograph on social media.”

As Reason wrote when Garton was first arrested, it was unclear how a dead person could be criminally harassed under Tennessee law, which requires that the subject be “frightened, intimidated or emotionally distressed.”

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‘Outrageous and flatly unconstitutional’: Lawyer decries arrest of Alabama journalists

Police arrested a southwestern Alabama newspaper publisher and a reporter for publishing an article that prosecutors say was based on confidential grand jury evidence.

Don Fletcher reported for the Atmore News on an investigation into the local school board’s payments to seven former school employees that Escambia County district attorney says broke the law against revealing grand jury proceedings, and both the reporter and publisher Sherry Digmon were arrested and charged with a felony, reported the Washington Post.

“While it’s illegal for a grand juror, witness or court officer to disclose grand-jury proceedings, it’s not a crime for a media outlet to publish such leaked material, provided the material was obtained by legal means,” legal experts told the Post.

Theodore J. Boutrous, an attorney who has represented media organizations, said the U.S. Supreme Court has consistently ruled that the First Amendment protects journalists who publish information of public importance, even if that information came from a source who broke the law.

“That applies to grand jury information, Boutrous said, calling the Alabama case “extraordinary, outrageous and flatly unconstitutional.”

The newspaper’s publisher and co-owner is a member of the county school board, and she voted recently against renewing the contract of the superintendent – who has been publicly supported by district attorney Stephen Billy.

“I wish I could [comment],” said Digmon, the publisher. “I would rather not answer. I can only refer you to my attorney.”

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Alabama Cops Who Arrested Mechanic for Not Giving Them His ID Denied Qualified Immunity

A federal court has sided with Roland Edger, an Alabama man who says he was wrongfully arrested after he declined to give police officers his driver’s license in 2019. While a lower court had granted qualified immunity to the officers, the U.S. Court of Appeals for the 11th Circuit overturned that decision, ruling that the officers clearly violated Edger’s Fourth Amendment rights and that Edger’s suit against them may go forward.

In June 2019, Edger, a mechanic in Huntsville, Alabama, received a call from a customer, who told him that his wife’s car had broken down and asked him to come out to repair it. The car was in the parking lot of a local church, where the customer’s wife worked. The customer told Edger he could pick up her keys at the church’s front desk.

When he arrived at the church on June 10, a few days after the customer had called, Edger retrieved the keys from the church and began inspecting the car. According to the ruling, Edger says he believed something was wrong with the car’s steering or tires and that he’d need to return with the necessary tools to fix the vehicle.

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Houston Police Arrested an Animal Rights Protester and Detained Him for 16 Hours, Lawsuit Says

Animal rights activists Daraius Dubash and Faraz Harsini were peacefully demonstrating in a Houston, Texas, public park when park employees demanded they leave. When Dubash insisted that the pair had a First Amendment right to protest, officials called the police, who arrested Dubash and charged him with criminal trespass. 

While Dubash’s charge was eventually dismissed, the pair have now filed a First Amendment lawsuit against the city, arguing that city police clearly violated their Constitutional rights.

“No one should be handcuffed and detained for exercising his First Amendment rights,” said JT Morris, an attorney for the Foundation for Individual Rights and Expression, a First Amendment nonprofit group. “We’re suing because public parks belong to all Americans and their expressive rights, not the personal views of a few.” 

From April to July 2022, Dubash and Harsini demonstrated several times in Discovery Green, a Houston public park. According to their lawsuit, the pair—keeping in practice with Anonymous for the Voiceless, the animal-rights activist group the two pertained to—wore Guy Fawkes masks while playing clips from Dominion, a documentary showing the gruesome mistreatment of animals in factory farms. 

On three separate occasions, park employees asked the pair to leave the park, claiming that the park was private property. (Discovery Green is public property, though it is managed by a private company.) According to the complaint, the pair complied, fearing retaliation.

On July 23, 2022, Dubash and Harsini were approached again. This time, they refused to leave, and Dubash calmly told park employees that he had a right to demonstrate peacefully. However, a park security guard told Dubash that protests were allowed on a “case by case” basis, adding that his “manager is going to come and come look at it.”

According to the lawsuit, when the manager, Floyd Willis, arrived, Dubash informed him that, while the park was managed by a private conservancy, the park was still public property, meaning that the First Amendment applied.

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A Cop Jailed Her for 2 Years on Fake Charges. Will She Ever Get Justice?

A Minnesota woman has resuscitated her effort to sue a police officer who jailed her as a teenager for two years on false charges associated with a sham sex trafficking investigation that the FBI once billed as its largest human trafficking crackdown. The case is another example of the legal labyrinth victims are required to navigate when attempting to get recourse after the government infringes on their rights and once again raises the question: How inoculated should those government officials be from civil suits for violating the Constitution?

Hamdi Mohamud’s odyssey began over a decade ago when St. Paul police officer Heather Weyker had her arrested on witness tampering charges concerning a woman named Muna Abdulkadir, who allegedly attacked Mohamud and her friends at knifepoint. Abdulkadir was crucial to Weyker’s sex-trafficking case, which, as the U.S. Court of Appeals for the 8th Circuit conceded, was “plagued with problems from the start.” Some of those problems included Weyker lying under oath, coercing witnesses, editing police reports, and making up evidence.

The groundless charges against Mohamud were ultimately dropped, but not until she spent about two years in federal prison, where those accused of federal crimes are typically held pretrial.

When Mohamud sued, Weyker was denied qualified immunity, the legal doctrine that makes it difficult to sue state and local government actors unless their alleged misconduct was “clearly established” in a prior court precedent. Yet the 8th Circuit in 2020 overturned that decision, citing Weyker’s position on a federal task force. Government employees at the federal level receive an even more muscular immunity.

“Qualified immunity makes it very, very difficult to sue government officials,” Patrick Jaicomo, an attorney at the Institute for Justice (I.J.), told me in 2021. “This makes it impossible.” The U.S. Supreme Court further strengthened that protection in June 2022.

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Police Let Their K-9 Maul on the Wrong Guy. They Arrested Him Anyway.

Last year, a police officer sicced his K-9 on Sean Davis as he slept in a wooded area in Covington, Kentucky, mauling his arm and causing severe injuries. Officers had mistaken Davis for a different individual who had allegedly violated a protection order and detained him even after he provided police with his ID. Last month, Davis filed a lawsuit against the officer responsible for Davis’ mauling, claiming that he was subject to unreasonable force, negligence, and battery.

According to the Covington police incident report, on June 8, 2022, police received a call from a woman who said she believed that her violent ex-boyfriend, whom she had a protection order against, was sleeping in a wooded area near a campsite at which she was staying. When police arrived, they found Sean Davis—not the woman’s ex-boyfriend—sleeping in a hammock in the woods. Without warning, a police officer released a K-9 on Davis, which bit his arm and brought him to the ground. While the dog continued to maul Davis’ arm, police got on top of Davis.

According to WCPO, a local news station, body camera footage of the incident shows that officers handcuffed Davis and demanded he identify himself. In the footage, Davis repeatedly gives officers his name, social security number, as well as his photo ID, proving that he was not the person in the protection order. Nonetheless, police kept Davis handcuffed for 37 minutes. 

“Try to scoot your butt straight over so you don’t get blood all over the car,” one officer told Davis as he directed him to get inside the police vehicle. “Try to keep that arm off the seat.”

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Ohio Cops Raided Afroman’s House Looking for a Dungeon Because of a Bizarre Confidential Informant Tip

When sheriff’s deputies in Adams County, Ohio, raided Afroman’s house last year, they were looking for more than just marijuana, which the rapper is famously fond of. The deputies were searching for evidence of outlandish claims from a confidential informant that the house contained a basement dungeon.

The Adams County Sheriff’s Office (ACSO) executed a search warrant on Afroman’s house last August on suspicion of drug possession, drug trafficking, and kidnapping. Afroman was not charged with a crime, and the kidnapping angle was never explained. But now, public records obtained by Arthur West, a public records advocate, and provided to Reason shed more light on the raid, which has since led to a bitter legal battle between Afroman and the ACSO deputies.

According to the search warrant affidavit, the Adams County Sheriff’s Office received a tip from a confidential informant that Joseph Foreman, better known as Afroman, was not only trafficking large amounts of marijuana, but he also “has a basement, referred to as ‘the dungeon’ in which he…keeps women locked in, forcing them to urinate and defecate in a bucket as punishment for upsetting or disobeying him.”

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