Tommy Franks Jr. (2019)
Overview
On February 6, 2019, Franks was making a delivery at a supermarket and had parked his tractor-trailer rig in the rear loading dock. Franks entered the store to purchase some muffins and arrange for off-loading, and was approached by San Bernardino County California Sheriff's Department Deputy Tyler Loup and others as he returned to his truck. When the deputies asked Franks what he was doing, Franks replied "walking". Deputies asked for identification, and Franks refused. Deputies detained Franks for loitering, and refused several requests for a supervisor. Deputies told Franks that he was being arrested for refusing to identify himself. Deputies contended that Franks, while holding his muffins and manifest, had assumed a fighting stance.[1]
On June 11, 2019, Franks was charged with resisting an officer in the performance of their duties.[2]
On September 27, 2019, the District Attorney dropped the charge against Franks due to insufficient evidence.[2]
On November 18, 2020, Franks sued the County, Loup, and other unnamed parties for retaliation, use of excessive force, unlawful arrest, and unreasonable seizure, in violations of his First and Fourth Amendment rights.[2]
On January 30, 2023, a jury trail began.
On February 1, 2023, a federal jury found that Loup had detained Franks for an unreasonably long time, lacked probable cause to arrest Franks, used excessive force, retaliated against Franks' exercise of his First Amendment rights, and maliciously violated Franks' First and Fourth Amendment rights, and awarded Franks at least $375,000.[1]
On February 7, 2023, county supervisors voted to pay $500,000 to settle the lawsuit.[1]
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