An Arizona man was jailed for 17 days after American Airways mistakenly recognized him as a suspect who had damaged right into a duty-free store on the Dallas Fort Price Worldwide Airport after which boarded an American flight to Reno, Nev., he claims in a lawsuit.
The person, Michael Lowe, contends within the swimsuit that he had lived in “a continuing state of concern” whereas he was jailed on the Quay County detention heart in rural New Mexico, the place violent outbursts erupted over trivial disputes and he noticed an inmate punch one other, staining the wall with blood.
The lawsuit, which was filed on Monday in Tarrant County District Courtroom in Fort Price, Texas, and seeks unspecified financial damages, entails “the arrest and imprisonment of an harmless man due to American Airline’s negligence,” the criticism states. In an e mail on Tuesday, an American Airways spokesman wrote, “We’re reviewing the lawsuit.”
Mr. Lowe’s ordeal started, the lawsuit states, when a person burglarized a duty-free store on the Dallas Fort Price airport on Could 12, 2020, after which boarded American Flight 2248 to Reno. Mr. Lowe, a Grand Canyon tour information, boarded the identical flight to go to a pal, the lawsuit states.
To determine the offender, the airport police obtained a search warrant ordering American to provide “any and all recorded journey information for all people” on the flight, the lawsuit states. However based on the criticism, American gave the police details about a single passenger: Mr. Lowe.
“I’m baffled by how this occurred,” Mr. Lowe’s lawyer, Scott H. Palmer, stated in an interview Tuesday. “I don’t perceive how they have been in a position to choose the improper particular person and solely the improper particular person when the true suspect was a passenger on that flight.”
A possible trigger affidavit, based mostly on airport surveillance images, stated the suspect had a “brief military-style haircut, black polo shirt and blue denims,” the lawsuit states. Mr. Lowe despatched a selfie to his girlfriend from the airplane that day exhibiting his wavy silver hair, the lawsuit states.
However, “based mostly on American’s identification of Mr. Lowe, and solely Mr. Lowe,” the airport police obtained two arrest warrants on June 30, 2020, charging him with felony housebreaking of a constructing and misdemeanor legal mischief, the lawsuit states.
Greater than a yr later, Mr. Lowe was at a celebration on July 4, 2021, in Tucumcari, N.M., when the police began asking for identification in response to a disturbance, the lawsuit states. After checking Mr. Lowe’s ID, they found the excellent warrants from Tarrant County and arrested him, the lawsuit states.
Mr. Lowe was profoundly confused, based on the lawsuit; he didn’t even know the place Tarrant County was. He instructed his associates “to not fear, it might all get cleared up shortly,” the lawsuit states. “He was improper.”
On the Quay County detention heart in Tucumcari, Mr. Lowe insisted that the police had arrested the improper particular person, however his protests “weren’t merely falling on deaf ears however gave the impression to be antagonizing the jailers,” the lawsuit states.
He was ordered to strip bare and was searched after which positioned within the jail, the lawsuit states, describing it as noisy, crowded and unsanitary. He spent 17 nights alternating between sleeping on a concrete flooring and a steel bunk, the lawsuit states.
Jail officers didn’t instantly reply to a request for touch upon Tuesday.
Mr. Lowe was taken earlier than a Justice of the Peace on his eighth day in jail, the lawsuit states. He was proven a replica of his Tarrant County warrants, however with no lawyer to clarify the method to him, he was “paralyzed by concern and indecision,” the lawsuit states. He in the end waived extradition to Texas.
On his seventeenth day in jail, a guard instructed him he was being launched, the lawsuit states. Mr. Lowe walked to a McDonald’s, took a bus dwelling to Flagstaff and instantly started sobbing when he arrived dwelling at 4 a.m., the lawsuit states.
Then he started investigating what had occurred to him, calling Tarrant County officers, the lawsuit states. An airport police detective instructed him he was alleged to have been in courtroom at 9 a.m. and that due to his failure to seem, one other warrant could be issued for him, the lawsuit states.
Responding to Mr. Lowe’s pleas, the detective ultimately obtained Mr. Lowe’s reserving photograph from Quay County and in contrast it with the airport surveillance images of the suspect, the lawsuit states.
“It was apparent that American Airways had the improper particular person, and that Mr. Lowe was not the particular person chargeable for the housebreaking on Could 12, 2020,” the lawsuit states.
The costs towards Mr. Lowe have been dropped in September, Mr. Palmer stated. An airport spokeswoman declined to touch upon the lawsuit. A spokeswoman for the Tarrant County Felony District Legal professional’s Workplace confirmed there have been no pending circumstances towards Mr. Lowe.
Mr. Palmer stated that he held the airline — not the police — chargeable for Mr. Lowe’s ordeal as a result of, have been it not for the misidentification by American, Mr. Lowe would by no means have been charged.
He additionally stated that the police can’t be sued for violations of constitutional rights that weren’t the results of intentional acts and that the airport police didn’t seem to have deliberately focused Mr. Lowe.
The airline “began the dominoes falling,” Mr. Palmer stated. “I’ve by no means seen something prefer it.”