False Arrest; Do I have a case?

[HiredGoons]

What is the name of your state? Colorado

So. I'm not too worried about whether the charges get dropped in this particular instance, as I'm relatively certain they will. What I'm more concerned with is whether I'll have cause to file for false arrest, and who to charge, the restaurant in question, or the police? Or both? For the relevant background material:

On Monday, at around 8:20pm the restaurant in question called the police regarding some moron who was going around stealing food off of peoples tables. This is a relatively pricey restaurant in downtown Denver. Now, I happened to have gotten off of a job earlier, and recently got off the bus at around 8:22pm. I'd went into Walgreens to purchase some food and a Sobe, and was on my way home, crossing the intersection when the manager at the restaurant pointed me out to the officer who was there taking down the complaint. (Approximately 5 minutes after I'd gotten off the bus).

The officer waved at me and hollared at me to come over, so naturally I complied not knowing what was going on, and asked him if there was a problem. He said yes there was, and proceeded to remove my backpack, searched me against his car, and then handcuffed me. He only told me what was going on after I had been in the car for several minutes and the other officers there had did a thorough search of my backpack, and finished filling out their paperwork. At which time they finally made accusatory remarks about me stealing food off the tables, which I was naturally bewildered about. I'd asked the arresting officer to bring the manager back out to identify me up close, however he said that he felt his ID from across the street (at night, no less) was good enough, and that he didn't need to bring him out again. After which he I got to spend the night in jail.

(I would have figured the fact I had nearly $40 in my wallet and food from Walgreens would have been a huge clue that I didn't steal anything, but apparently the manager's word was "good enough"). So, I later find out I'm charged with trespassing, aggressive panhandling and disturbing the peace. Now, my main question is, do I have a case to file suit agains the restaurant in question for false/wrongful arrest, and do I have a case to file against the officer in question for not bringing back the manager to confirm?

Also, once I manage to clear the charges (my next court date is set for August 29th), are there any recommendations as to what type of lawyer I would need to represent me to file a suit? There's so many types in the phone book it's difficult to tell which one I might or might not need.What is the name of your state?

 

[gawm]

First of all, you should worry about clearing the charges against you before anything else.
Secondly, can you prove that the manager Knew you weren't the suspect and ID you anyways? The police had the right to arrest you based on the managers complaint, so nothing there. And last but not least, let's say you beat the charges (which you might not do even if you're innocent) you won't have many if any lawyers beating down your door for one night in jail. It's not like you did ten years on death row there. Good luck and post back on Aug 30th to let us know what happened.

 

[xylene]

(I would have figured the fact I had nearly $40 in my wallet and food from Walgreens would have been a huge clue that I didn't steal anything, but apparently the manager's word was "good enough"). So, I later find out I'm charged with trespassing, aggressive panhandling and disturbing the peace. Now, my main question is, do I have a case to file suit agains the restaurant in question for false/wrongful arrest, and do I have a case to file against the officer in question for not bringing back the manager to confirm?

Having money in a wallet is not evidence one did not steal. Same for the food.

The manager was the compaining witness. It would have to be malicious or negligent for it to be something you could sue him for.

Unless this guy is Mr. McGoo and the police knew it, or he was an enemy who had it in for you... not much you can do about it.

The police officer had probable cause to arrest you, he did not need to bring the guy back, that is not false arrest even if it turns out to be a mistake.

It would have definately helped their case (AKA hurt you) if the guy had made a close up positive ID.

Are their any other relevant details, do you have any problems with this or other merchants in the area and / or the local police?

 

[HiredGoons]

Having money in a wallet is not evidence one did not steal. Same for the food.

The manager was the compaining witness. It would have to be malicious or negligent for it to be something you could sue him for.

Unless this guy is Mr. McGoo and the police knew it, or he was an enemy who had it in for you... not much you can do about it.

The police officer had probable cause to arrest you, he did not need to bring the guy back, that is not false arrest even if it turns out to be a mistake.

It would have definately helped their case (AKA hurt you) if the guy had made a close up positive ID.

Are their any other relevant details, do you have any problems with this or other merchants in the area and / or the local police?

Never had problems with merchants in the general area before. This
is pretty much the first time I've gotten into trouble downtown for anything. As
to the money in the wallet, I realize that probably won't be enough evidence to
prove I didn't do it, but could I assume at least that identifying me from across
the street at night (when your vision isn't exactly the most reliable), would be
enough to poke reasonable doubt in the manager's complaint? In addition to
being able to give a precise timeline of where I was up to the time of the
incident?

As it is, my schedule for getting off the bus and arriving at the intersection where
I got fingered was relatively close, and I'm hoping that might be enough to
tackle the problem. So, any tips with that would be appreciated, as it looks
like I may have to defend myself when the trial date comes up (I'd rather
not take my chances with a jury trial). Thanks.

 

[BelizeBreeze]

If you were, in fact, in walgreens during the time of the incident, then subpoena the security camera footage.

Otherwise, no, you have no case.

 

[garrula lingua]

If you still have the Walgreen receipt, the date and Time will appear on it.

 

[CdwJava]

Your attonry can likely establish reasonable doubt as to your guilt and could get the DA to drop the matter before trial, or, get you off at trial.

However, being found not guilty is not the same as having grounds for a lawsuit agaimnst anyone. Given the circumstances as you outlined, it would seem that there was sufficient (if weak) grounds for an arrest. And even if the store owner was mistaken, he is not likely going to be exposed to liability for a bad identification unless it was knowlingly false or malicious.

So, you can probably beat the charge (provided they don't have additional witnesses and your story pans out), but you likely have no cause of action against anyone else.

- Carl

 

[tranquility]

Even though we don't have all the facts, it seems like this is a misdemeanor arrest (even though I could make a grand theft argument for felony) meaning the manager is probably the one who made the arrest. (The crimes having not been committed in the police officers' presence.)

What is the general protection for a citizens arrest?

I think the police are protected by statute and immunities for taking the person into custody on an arrest by another. The same holds true for them making a mistake on identity. The citizen manager does not have the same protections if his identification is wrong.

Info edit:
In Prosser and Keaton on torts regarding false imprisonment tort:
"Even if intent to confine the individual is necessary, it need not be with the knowledge of who the plaintiff is; and, as in the case of other intentional interferences with person or property, an innocent, and quite reasonable, mistake of identity will not avoid liability."