Wrongly arrested man seeks damages
A 48-year-old man wrongly arrested by Spokane police on Valentine’s Day for cyber stalking has filed a $78,160 damage claim against the city, officials confirmed Thursday.
Dean Dunn was arrested and booked into jail for a crime – making Internet threats – that police detectives later concluded was committed by a 13-year-old girl who lives elsewhere and isn’t related to him.
The city, which is self-insured, will have 60 days to respond to Dunn’s claim, filed on July 11. If the city doesn’t settle with Dunn, he could then file suit for damages in Superior Court.
Dunn and his attorney couldn’t be reached for comment on Thursday.
Arrested at gunpoint in his nightclothes, Dunn’s complaint says he now seeks compensation for emotional distress, lost wages, legal expenses, the loss of his computer and media exposure.
Police, who went to Dunn’s home on West Elwood at 11:50 p.m. on Feb. 14, contacted him by phone and asked him to come outside to assist with a criminal investigation.
As soon as he went outdoors, Dunn says in his claim that he was confronted by a police officer who demanded to know why Dunn “had done it,” he alleges in the claim.
“Since Mr. Dunn had no idea what the officer was talking about, his response caused frustration for the officer, who then placed (him) under arrest and handcuffed him,” according to the claim.
“During this time, other members of the Spokane Police Department were present in Mr. Dunn’s front yard with weapons drawn and trained on him,” the claim states.
Dunn was booked into jail on charges of harassment-threats to kill, but not given any other details, it says. The following afternoon, after an initial court appearance, he was released from jail after posting a $10,000 bond.
Police detectives later got a search warrant and seized computer equipment and compact discs from Dunn’s home. Dunn’s claim alleges the computer hasn’t been returned to him because he has refused to allow police to search it for “contraband” files.
The affidavit of probable cause drafted by police to arrest Dunn said he had been identified by an Internet Protocol (IP) address used to send threats to intended victims from an account at MySpace.com. But somewhere in the investigative process, police ended up with the wrong IP address for their suspect.
Detectives ultimately identified the 13-year-old girl and charged her in Juvenile Court with being the sender of the threats to other juveniles living in her home on East Hoffman.
The teenage girl lived in the same home where the victims received cyber messages, including threats to burn the house down with gasoline and “chop your whole family in little pieces.”
After Dunn’s arrest, the actual perpetrator modified her account at MySpace.com, listing the user name of “Dunn.” “This action further solidified the detective’s belief that Mr. Dunn was involved” in sending the threats, the claim states.
A police spokesman later said detectives incorrectly copied the IP address or time of the cyber threats, mistakenly leading them to Dunn. Two police department supervisors later called Dunn to apologize.
Dunn’s claim alleges his arrest led to news stories on local television stations and in The Spokesman-Review, defaming him and his wife, Patricia Dunn, who’s named in the claim. The media outlets are not listed as defendants in the claim.