False Imprisonment

Following a report of child sexual abuse, Officer Kyllo inaccurately identified the suspect as plaintiff, even though he interviewed the actual suspect twice in jail. Kyllo filed a false affidavit in the form of a statement of probable cause, seeking a warrant for the arrest of plaintiff. A judge signed a warrant for plaintiff’s arrest, plaintiff was arrested and held in jail for two days, and plaintiff fought a criminal sexual conduct charge for a month until it was dismissed.

Plaintiff, an African American 50 year-old, was sitting in his vehicle when approached by police about an open alcohol container in a parking lot. Plaintiff denied knowing anything about it and refused to allow a search of his vehicle. Plaintiff was placed in a chokehold and arrested. Toxicology revealed no alcohol in his system. Defendants City of San Leandro and Officer Michael Olivera settled prior to filing any motions.