A Georgia man arrested after a brief interaction with a woman and her child at a Walmart has filed a federal lawsuit against police, prosecutors, and the woman who reported him.
What’s Happening: Mahendra Patel filed the lawsuit Feb. 9 in U.S. District Court for the Northern District of Georgia. The lawsuit names Officer James Evan Wallace, the City of Acworth, District Attorney Sonya Allen, investigator Temperance Stoddard, and Caroline Miller.
Patel accuses the defendants of malicious prosecution, conspiracy, and violating his constitutional rights. He is demanding a jury trial.
What’s Important: Patel was arrested March 24 and held 47 days in the Cobb County Jail without bond. He was charged with attempted kidnapping, simple assault, and simple battery after an incident at a Walmart on March 18. The charges were dismissed Aug. 6.
Surveillance video from inside the store showed the interaction lasted only a moment and did not support the kidnapping claim, according to the lawsuit. Patel says he reached toward a toddler because he thought the child was about to fall from a motorized cart. Caroline Miller was riding the cart with her two young children when Patel spoke with her.
The lawsuit claims police and prosecutors continued the case despite knowing the video contradicted the allegations.
“Prosecutors who run the Cobb County District Attorney’s Office instructed everyone to treat Plaintiff differently and to go after him no matter what, even if they knew he was innocent,” the lawsuit states. The lawsuit also describes Miller as “a known liar with no credibility.”
Patel is a 57-year-old retired engineer and father of two. He owned and operated a real estate business at the time of his arrest.
Patel previously served six months in federal prison after pleading guilty in 2013 to conspiracy charges tied to an Atlanta Public Schools computer contract. Court records also show a DUI arrest from about two decades ago.
How This Affects Real People: Patel says he went without blood pressure medication for several days while in jail. He lost at least 17 pounds due to limited vegetarian food options. He also says he was unable to manage his real estate business during his detention.
What Happens Next: The case will proceed in federal court unless it is dismissed or settled.
By the Numbers: Patel was held 47 days without bond. He was released on a $10,000 bond after the video was shown in court. He filed a notice last year seeking $25 million from the City of Acworth. City leaders voted to deny liability.
