DENVER (AP) — A federal appeals court says an Oklahoma man cannot sue two deputies who arrested him on a sexual abuse complaint even though he was a victim of mistaken identity and detained for 84 days.
Tommy Braden had sued Creek County deputies John Davis and Chrissie Underwood. A 4-year-old rape victim had said someone named "Tommy" had assaulted her in 2012, but Braden wasn't cleared until DNA testing ruled him out as a suspect nearly three months later.
A man who lived nearby was ultimately convicted of the crime.
The 10th U.S. Circuit Court of Appeals in Denver noted Wednesday that while Braden and his family endured a "nightmare," there was a sufficient reason to hold him because of the girl's statements.
Davis was later elected the county's sheriff.