Driver gets $500K in wrongful arrest suit

Supervisors resolve settlement for deputies who took delivery worker into custody for loitering, remarks

San Bernardino County supervisors agreed Tuesday to pay $500,000 to a truck driver who was arrested after making a snide remark to deputies during a delivery.

Deputies tried to question Tommy Franks Jr. of Mesa, Arizona, on Feb. 6, 2019, for suspected loitering behind a supermarket, but he refused to answer them or identify himself. Franks was jailed for resisting arrest.

A federal jury last week awarded Franks $375,000 for wrongful arrest with the potential for more damages, but the county Board of Supervisors resolved the case by approving the settlement.

Franks was making a delivering to a WinCo supermarket in Apple Valley and had parked his tractor-trailer in the rear loading dock, according to the lawsuit. Franks walked around to the front of the store to inform management of the delivery and purchase some muffins.

As he was walking back to his truck — clipboard and muffins in hand — Franks was stopped by San Bernardino County sheriff’s deputies. They asked him what he was doing. He responded, “walking.”

Deputies asked Franks for his identification, but he refused and complained that he was being illegally detained, the suit said. The manifest for the delivery was in plain sight on his clipboard, with the logo of the company matching the logo on the truck.

The lawsuit said a deputy told Franks that he was being detained for “loitering,” but Franks responded: “How can I be loitering if I’m walking?”

Franks asked three times to speak to a supervisor. The deputy replied that Franks was being hostile and placed him in handcuffs, ratcheting them painfully tight, court records filed by Franks’ attorney, Jerry Steering, said.

Deputies contended that Franks, while holding muffins and a clipboard, had taken a fight

ing stance.

“It was apparent to Mr. Franks that both (the deputy’s) decision to arrest him and to apply the handcuffs in an excessively tight manner, were in retaliation for Mr. Franks’ verbal protests … and for Mr. Franks’ requests to speak with (a) supervisor,” a court document filed by Steering said.

The Sheriff’s Department declined comment Tuesday.

While sitting in the back of a patrol car, Franks asked the deputy, “Is it hard to breath with your head that far up your ass?” The deputy responded by grabbing Franks’ beanie from his head, records said.

Steering said Franks did nothing legally wrong.

“My guy is dumb enough to think he has rights,” Steering said. “It is not a crime in the state of California to refuse to identify yourself to a cop (even if) they have a legal reason to detain you.”

Franks spent the night in jail and was released on his own cognizance the next day. He later was charged with resisting arrest, but the San Bernardino County District Attorney’s Office dropped the case because of insufficient evidence.