An Orange County couple, Rachael Roberts and Michael Fuson, have filed a lawsuit against the city of Newport Beach and several police officers.
The couple alleges that they were mistreated and humiliated by the police following false accusations of cell phone theft at a bar by an allegedly intoxicated man.
According to the lawsuit, the couple were seated outside at the Baja Sharkeez restaurant in Newport Beach on Jan. 8, 2023, when an unidentified man, who appeared to be intoxicated, dropped his iPhone 12 on the ground near their table. Fuson allegedly picked the man's phone up off the ground, and handed it back to him.
The couple later left the restaurant, and were walking to Fuson's car, when the man allegedly began accusing them of stealing his phone, even though it was allegedly still in his possession.
Restaurant employees called police, and officers allegedly sided the accuser, allegedly misinterpreting surveillance footage of the incident.
Fuson and Roberts were then allegedly handcuffed, searched, and transported to separate jails, where they were charged with grand theft and conspiracy to commit a crime. In jail, other female officers allegedly mistreated and humiliated Roberts, including forcibly removing her shirt, exposing her breasts, allegedly in "full view of other inmates and deputies." Roberts also accused officers of spraining her wrist and verbally berating her because she was crying.
Charges were dropped against the two a month later.
The lawsuit accuses the defendants of unreasonable search and seizure, false arrest, malicious prosecution, excessive force, assault and battery, violations of their constitutional due process rights, and other alleged violations.
The plaintiffs are seeking unspecified compensatory, special and punitive damages, plus attorney fees.
The lawsuit was filed Jan. 18 in Los Angeles federal court.
They are represented by attorneys Peter L. Carr IV, Na’Shaun L. Neal and Lauren K. McRae, of the PLC Law Group, of Los Angeles.