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Appeals court says OK man cannot sue over arrest

Posted at 4:52 PM, Apr 13, 2016
and last updated 2016-04-13 17:52:56-04

DENVER (AP) -- A federal appeals court says an Oklahoma man cannot sue two deputies who arrested him on a sexual abuse complaint even though he was a victim of mistaken identity and detained for 84 days.

Tommy Braden had sued Creek County deputies John Davis and Chrissie Underwood. A 4-year-old rape victim had said someone named "Tommy" had assaulted her in 2012, but Braden wasn't cleared until DNA testing ruled him out as a suspect nearly three months later.

A man who lived nearby was ultimately convicted of the crime.

The 10th U.S. Circuit Court of Appeals in Denver noted Wednesday that while Braden and his family endured a "nightmare," there was a sufficient reason to hold him because of the girl's statements.

Davis was later elected the county's sheriff.