Judge Throws Out Fairfax False-Arrest Lawsuit

May 20, 2001 Sunday



Correction Appended


Final Edition


Judge Throws Out Fairfax False-Arrest Lawsuit


BYLINE: Tom Jackman, Washington Post Staff Writer


SECTION: METRO; Pg. C03


LENGTH: 473 words






A federal judge in Alexandria has thrown out a lawsuit filed by a Reston man who was wrongly arrested by Fairfax County police on charges of indecent exposure, saying a detective's actions were "objectively reasonable."


After a man showed a photograph of himself naked to a lifeguard at a Reston health club in July 1999, Fairfax Detective Ricky Savage searched the home of James M. Brocco, 55, then arrested him. Fairfax police then issued a news release and photo of Brocco, and some newspapers printed stories about the arrest.


Brocco, however, hadn't been at the health club on the day of the incident. After the arrest, police said, Savage showed photos of Brocco and another club member, James A. Brokke, to the lifeguard, and he immediately picked Brokke. Court records show that the lifeguard gave Brokke's name and description to police from the start. Prosecutors dismissed the case against Brocco; Brokke later pleaded guilty.


Fairfax Police Chief J. Thomas Manger apologized to Brocco, who nonetheless filed a civil rights suit last October against Savage, the county and Savage's police supervisor. Brocco's attorneys later dropped the county and the supervisor from the suit. Savage's attorney sought the detective's dismissal, saying he was entitled to qualified immunity as a police officer.


On Friday, U.S. District Judge Albert V. Bryan Jr. granted the request. Bryan noted that government officials generally are shielded from liability unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Bryan noted that the names Brocco and Brokke are similar and that the health club had incorrectly provided Brocco's information to police.


"That the physical descriptions of the perpetrator and Mr. Brocco may have varied is not enough to make the actions of defendant Savage objectively unreasonable," Bryan wrote.


David Fudalah, Savage's attorney, said the detective was relieved by the ruling. Fudalah noted that security reports from the Fitness Club at the Hyatt Regency unambiguously named Brocco, not Brokke, as the suspect. He also noted Brocco refused to meet with Savage before his arrest. Brocco's attorneys said Savage wouldn't tell them why he wanted to meet with Brocco.


"Had he spoken with police, this may well have never occurred," Fudalah said.


Manger said: "Detective Savage based his actions on what he believed was credible information. The problem was the information he was given by several sources was wrong. Once we found out that information was wrong, we worked as quickly as we could to remedy that situation."


Brocco, who paid $ 38,000 in legal fees in his criminal case, declined to comment. His attorney, Victor M. Glasberg, said he and Brocco would meet next week to decide whether to appeal Bryan's ruling.






September 6, 1984, Thursday, Final EditionFairfax Chief Lashes FOP Fund-RaisersBYLINE: By Lee Hockstader, Washington Post Staff WriterFairfax County Police Chief Carroll D. Buracker yesterday accused a Fraternal Order of Police Lodge of "unconscionable" fund-raising tactics, charging it had sent numerous bills and past-due notices to businesses in Northern Virginia for unordered tickets to a variety show. Buracker said that the lodge was incorrectly claiming that proceeds from the show were going to benefit local community activities, including neighborhood watch and home security programs. "Lodge No. 35 did not contribute in any way to these activities in Fairfax County," he said in a statement. Bob Brown, president of Lodge No. 35, refused to comment