This story is mind-boggling on so many levels. A man is suing American Airlines after an airline employee allegedly misidentified him as a shoplifter at DFW Airport, unleashing a chain of events that ultimately led to his arrest and 17-day detention at the height of COVID-19 for a crime he did not commit.
American Airlines Faces Negligence Lawsuit From Man Who Was Jailed For 17 Days For A Crime He Did Not Commit
Here’s a summary of what happened, according to his lawsuit:
- An unidentified man shoplifted from a store at the Dallas – Fort Worth International Airport (DFW) in May 2020
- Surveillance cameras caught the man boarding a flight to Reno
- Michael Lowe flew from Dallas (DFW) to Reno (RNO) in May 2020 on the same flight
- American Airlines notified DFW police about the shoplifting incident
- Police requested that American Airlines send over a manifest from the Reno flight
- Instead, American Airlines only sent Lowe’s info (according to the lawsuit)
- An arrest warrant was issued for Lowe (for felony burglary and criminal mischief)
- 14 months later Lowe was a guest at a raucous party in New Mexico, where police were telephoned to quiet it down
- The ID of every guest was requested
- When police ran Lowe’s ID, the arrest warrant in Texas came up and he was taken into custody
- No one would tell Lowe what he was accused of and Lowe insisted police had made a mistake
- According to his lawsuit, “His protestations were not merely falling on deaf ears, but appeared to be antagonizing the jailers.”
- Lowe was forced to strip naked and underwent a cavity search for contraband
- He was jailed alongside people accused of violent crimes
- Despite being at the height of the COVID-19 pandemic, no one wore face masks
- Lowe spent the next 17 days sleeping on the concrete floor
- There, he was in a “constant state of fear of confrontation, physical abuse or sexual victimization” (according to his lawsuit)
- In front of him, a young man was punched in the face three times, with blood streaks remaining on the wall
- Another inmate appeared critically ill but police officers simply ignored him
- On the 9th day, he appeared before a judge, who still refused to tell him why he was arrested (according to his lawsuit)
- The judge instructed him his best option was to waive extradition, so Texas authorities could pick him up
- He agreed and was sent back to jail
- On the 17th day, jailers suddenly appeared and said Lowe was being released
- Law enforcement officials still declined to tell him why he had been arrested in the first place
- Back at home, he reached out to a detective at DFW to better understand why he was arrested
- The detective let him know a new arrest warrant had been issued for him because he had skipped a court appearance
- Even the DFW detective refused to let him know what he was being charged with, according to the lawsuit
- Lowe hired an attorney who asked DFW Airport police to compare photos of Lowe to the surveillance footage of the man who burglarized the DFW concession
- At that point, the charges were dropped
Here’s just one damning part of the case that just a smidgen of due diligence would have picked up:
- The suspect appeared Latino and had a military-style buzz cut, was not wearing a mask, and was carrying several parcels
- Lowe is white, had much longer hair, and was wearing a mask
Michael Lowe, a park guide from Arizona, was boarding a flight at DFW to Reno. The burglary suspect was on the same flight. To identify him, DFW Airport Police got a search warrant for American Airlines to produce the manifest with all the passenger information from the flight. pic.twitter.com/iREqulvDYa
— J.D. Miles (@jdmiles11) June 6, 2022
The 47yo was arrested 13 mths later while vacationing in New Mexico when a warrant was issued. Lowe was held for 17 days until released after Tarrant County never came to extradite him. He was able to clear his name when it became obvious that he didn’t look like the man on video pic.twitter.com/CJVXHyVuiO
— J.D. Miles (@jdmiles11) June 6, 2022
With police and prosecutorial conduct like this, it is a wonder anyone has any faith in the system. I spoke to a friend who has extensive experience as an attorney practicing criminal law and it was noted that in the months ahead we will start learning more of how awful pretrial detention was at the outset of COVID. There was absolutely no excuse for how long Lowe had to wait for hearing. The sloppiness of the entire investigation arguably supports a rollback of immunity for prosecutors and law enforcement officials.
There are pieces of the puzzle that simply do not make sense to me.
- Why was it American American that reported the theft? Does AA have company stores at DFW?
- More importantly, why was Lowe identified as the suspect?
- What led AA to make that accusation and what did AA actually present to DFW Police?
Lowe’s suit is limited to American Airlines, but he was wronged on so many levels if his complaint his accurate.
CONCLUSION
An Arizona man was imprisoned for 17 days on charges he did not commit thanks to what appears to be a false identification from American Airlines. Now the man is suing American Airlines for negligence. We will watch this case as it develops.
Another victim of the mask mandate.
Why only american airlines. Cops once again prove they are unaccountable. Sue the cops too. And the money needs to come from their paycheck or retirement funds. I have already proved they are overpaid.
Similarly pay should be docked from the workers paycheck instead of shareholders money.
“I have already proved they are overpaid.”
Yes, you did. I remember it clearly. So does everyone else. It was so universally convincing no one needs to hear it again.
Thank you. I learned the trick from white Republican males and their last president. Just state something, usually outrageous, and start treating it as a proven fact.
If there is any justice at all, Lowe will become a wealthier man (if he isn’t one now) and I betcha case will be settled long before the it EVER goes to court. (FYI.. I’d be suing DFW Police, as well. And I say this being a VERY strong supporter of law enforcement).
I’m curious why those partygoers showed ID. Not that he knew he had a warrant, but I’m pretty sure if he stayed silent or refused they would have had to relent at some point. NM is a stop and ID state, but I’m not sure one’s mere presence at a party is reasonable suspicion for a crime.
I’m curious too.
You must know that from personal experience, Jerry. Remember when I was arrested after being mistaken for a serial killer?
Misdemeanor disturbing the peace is enough to trigger an ID check under Hiibel. A noise complaint is enough for anyone at the party because under Hiibel, probable cause is not necessary (specifically, indentification is not a fifth amendment self-incrimination and mandatory identification is permissible under Terry). It’s that broad. The reason he can’t sue anyone but AA is qualified immunity. There’s a whole lot of Rehnquist court decision making that’s screwing this guy.
So was the real mistake letting the police in to the house in the first place? Surely people gathered indoors and making noise wouldn’t constitute exigent circumstances abrogating the need for a warrant.
I like these scenarios because I want to make sure I take the right actions if I ever find myself in a similar situation.
Probably because he has been to parties before when the cops showed up, and because he had no idea that there was a warrant out for his arrest.
Generally they take a quick glance at the ID to make sure you’re not underage and move on. Not everyone wants to turn the usually painless quick ID check at a party into supreme court case style confrontation with the responding officers, particularly not after a few drinks.
Were I in his shoes, I too would be seeking compensation from all responsible parties.
But accidents like this are exactly why people want to make things which are seemingly as innocent as ID checks in to Supreme Court cases.
He’ll really be mad when Hertz has him arrested for a car he never rented
The saddest part is that he has no recourse against the cops, prosecutors and judge. He’s dying AA (rightly) alone because the rest enjoy an wholly-invented, self-serving qualified immunity.
Absolutely correct.
Matthew,
When he was arrested and taken to the station, was he not allowed to call a lawyer? Why did it take him 17+ days to get a lawyer?
For the 17 he spent in jail, did his friends and family not wonder what had happened to him? Was he not allowed to phone someone?
All good questions.
Agree with all these questions. I’m having a really hard time understanding how in the heck he remained in jail for 17 days. This is not Russia. For a shoplifting charge? Seems one call to a lawyer, posting bail, and maybe 24-48 hours in jail would be the maximum. He was not some homeless guy with no family or friends. Is there more to this story? Could he even have read the charges, knew it was a mistake, but decided to milk out his pain and suffering in jail so as to get a bigger settlement later? I mean, what in the world, who gets locked up for 17 days on a misdemeanor charge of shoplifting, lol.
“ I mean, what in the world, who gets locked up for 17 days on a misdemeanor charge of shoplifting, lol.”
You are obviously white. This happens routinely to persons of color. #BLM
only in America. well, and maybe in North Korea, China and Saudia Arabia. there, you end up dead eventually. imagine he had been a foreign citizen. or black. he would rot in a dirty jail cell to this day. they should all be held accountable, if it’s all true, including the judge (fired). that man should appear on TV or YouTube and name every single individual that contributed to his misery. and publish their home addresses online. hope he gets 50 million dollars out of it. failed justice system. failed health care system. failed gun restriction system. failed state. and a growingly bad influence on and burden to the rest of the world.