Man says he was arrested for stealing his own car. Now he's suing

A Florence man says he was wrongfully detained and questioned by police during a traffic stop on suspicions that he stole his own car.

Now he’s suing members of the Florence Police Department and its chief.

Henry Lee Sanders III was pulled over by Florence police officers near Burlington Pike and Utz Avenue in November 2022, according to a lawsuit filed Nov. 10 in federal court in Covington.

The suit names the Florence Police Department, Police Chief Tom Grau and officers James Wilbers, Kelli Chapman, Patrick Taylor and D.J. Hutcherson.

It was Wilbers who initiated the stop and wrongly identified the car as stolen, the suit states, adding the officer also drew his firearm on Sanders before putting him in handcuffs, with the other officers providing backup.

Sanders also claims he was interrogated by the officers without being informed of his rights.

Wilbers drew up a criminal citation claiming Sanders was arrested for stealing his own car, an assertion that was “knowingly false," the suit states.

Sanders' arrest was preceded by Boone County dispatchers confirming to police that the car's license plates were reported stolen, according to the citation.

While Boone County District Court filings make reference to the theft citation, there is no indication that Sanders was ever prosecuted for car theft.

Sanders reported in April 2019 to Cincinnati police that his 1996 Ford Crown Victoria stolen. It was recovered by Newport police later that same day.

He was listed as the victim in that incident, the theft report shows.

A thorough database search by police revealed that the car had actually been recovered, according to the lawsuit, though the officers did not release Sanders. Instead he was charged with disorderly conduct and hauled off to jail.

A citation for that charge states Sanders “caused annoyance and alarm to individuals who had not been involved in the traffic stop.” It also says he was yelling about having firearms pointed at him and arguing with the officers.

“During the incident, the owner of a nearby business exited his establishment and asked officers if everything had been okay,” the citation states, adding that other vehicles had been passing as Sanders was acting in a “disruptive manner.”

Court records show prosecutors eventually moved in May to have the disorderly conduct charge dismissed with prejudice, meaning it cannot be refiled.

Police impounded and confiscated Sanders’ car during his arrest. The lawsuit says Sanders asked for the vehicle to be returned, but the storage fees outweighed the value of the car. He never got it back.

Sanders claims, in part, that the officers violated his Fourth Amendment protections against unreasonable search and seizure and false arrest; that they used excessive force and committed official misconduct, and that they intentionally subjected him to wrongful prosecution.

The lawsuit also alleges Grau, in his role as police chief, "failed to have policies and procedures in place to guard against police misconduct," and didn't adequately train, supervise or discipline his officers.

Jeff Mando, the lawyer representing Florence police, said the officers had probable cause to stop and arrest Sanders after learning the car had been reported stolen.

"Instead of cooperating in the investigation, Sanders became loud, disruptive and argumentative, creating a disturbance," Mando said in an emailed statement. "Moreover, the evidence clearly shows that the officers only used the force reasonably necessary to take Sanders into custody, and he was not injured in police custody."

Mando said Sander's allegations of inadequate training and supervision are "completely baseless," adding that Florence police officers receive extensive training in all aspects of law enforcement including traffic stops, arrests and use of force.

As part of his suit, Sanders is seeking compensatory and punitive damages, as well as attorney fees and court costs.

“It’s not just that they were wrong in stopping him, they doubled down on being wrong by prosecuting him for six months,” Aaron Kemper, one of the lawyers representing Sanders, told The Enquirer.

Kemper said it’s clear Sanders hadn’t done anything wrong but police still accused him of stealing the car even after seeing the report showing it was his and that it had been recovered.

Of the ordeal his client went through, Kemper said: “It was just a nightmare.”

Court records do not indicate when the case is expected to go before a judge, though Sanders is asking for the suit to be tried by a jury.

This article originally appeared on Cincinnati Enquirer: Man alleges Florence police arrested him for stealing his own car