Civil Lawsuit Filed Against Oklahoma City Police Detective
OKLAHOMA CITY - An Oklahoma City man said he wants a police detective to pay for the lies that led to his arrest.
In 2015, a federal judge threw out the evidence in the case against Victor Gaines, 30, because of the detective's false statements in requesting permission for a search.
Gaines has since filed a civil lawsuit against Oklahoma City police detective Keith Medley.
He is asking for more than $75,000.
Gaines claims he spent nine months in prison before the judge's ruling and wants to be paid back, one way or another.
"That's too much pain and suffering going on," Gaines explained. "I mean, just sitting there waiting is the worst."
On Feb. 25, 2015, police found cocaine, marijuana and a pistol in the apartment where Gaines was staying with his girlfriend and child.
In requesting the search, Medley claimed Gaines had prior convictions for shooting with intent to kill and drug trafficking. Gaines did not have prior drug convictions.
A federal judge ruled, and even criticized, Medley for making false statements to get permission to search the apartment for drugs.
"The facts that were misstated, I hate to say, were intentional but it was clearly with knowledge," said Eric Cotton.
Cotton is representing Gaines in the civil suit and said Medley also omitted information about the police surveillance at the apartment.
Court records indicated Medley claimed Gaines had prior drug convictions and overstated some of the findings from surveillance of the apartment.
Medley reported a black male had taken two trash bags from the apartment and left them next to an outdoor dumpster.
It was later revealed the black male was in fact a young boy between the ages of 8 and 10.
The federal judge suppressed the evidence and prosecutors subsequently dismissed the case
"Not only is it a big deal for Victor but it is also a big deal for all of us," Cotton said the recent lawsuit represents more than his client. "These are our protected civil rights. So, if the police are going to do this to Victor, they can do it to any of the rest of us."
Medley has not responded to the lawsuit. News 9 was not able to reach Medley or his attorney in time for this report.
The Oklahoma City Police Department does not comment on pending litigation.
News 9 was told Medley remains on a full-duty position but in a non-enforcement position