New York Post

Wrong time & ‘face’

Unfair-jailing suit

- By JOSH SAUL

A Harlem man told police they had the wrong guy — even showing them his time card from his stock job at Macy’s for the perfect alibi — but cops arrested him anyway because he matched a robbery victim’s vague descriptio­n of a black man in a hoodie, a lawsuit charges.

Now, David Owens (inset), 23, who later had the robbery charges against him dropped, is suing the city and 11 NYPD officers over his wrongful arrest — and subsequent six weeks spent locked up on Rikers Island.

Owens says in his Manhattan federal court lawsuit that he clocked out from his Herald Square job at 3 a.m. on Oct. 23, 2012, and got on an uptown 1 train headed home.

But about half an hour later, at the 50th Street station, cops got on and arrested him for stealing a woman’s backpack on an A/Cline station an hour earlier, his suit states.

“Mr. Owens tried to explain that there must be some misunderst­anding, and that he had just clocked out from his job as a stock clerk at Macy’s,” the suit states. “Mr. Owens also showed [the cops] his timecard receipt, told them the floor he worked on, and the name and phone number of his supervisor.”

The suit says Owens fit the very general descriptio­n given by the victim of a young black man wearing a dark hoodie. After Owens was arrested, the cops brought a woman who was crying hysterical­ly to look at him.

“As Mr. Owens stood surrounded by officers against the wall, the woman franticall­y alleged that he was the person who ‘did it,’ ” the suit states.

“I felt like the police didn’t care about the truth,” Owens said. “They just wanted to get a conviction to build themselves up. It makes me not trust the police and that’s an awful thing.”

Owens’ bail was set at $3,500, leaving him stuck on Rikers until Manhattan prosecutor­s dropped the case, the suit states.

A city Law Department spokesman said it would review the allegation­s.

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