A legally blind U.S. Navy veteran who was jailed overnight in 2022 after cops mistook his mobility cane for a handgun, is now suing the two officers who locked him up—one of whom was demoted over the incident—for violating his civil rights.
Authorities offered Hodges a payout of $7,500 “to sweep it all under the rug,” he alleged, calling the arrest—which made national news last year— “bogus.” “It was insane from its conception,” he added.
Hodges, 62, was walking home from jury duty at the Lake City, Florida, courthouse on Oct. 31, 2022, when he was stopped by Columbia County Deputy Jayme Gohde, according to a federal complaint filed Nov. 20. Gohde told Hodges that it “looked like he was carrying a firearm in his back pocket,” which the complaint says “was clearly visible and at first glance is immediately recognizable as a navigational aide.”
Hodges immediately removed the folded cane to show Gohde that the “gun” was nothing of the sort, and asked, “What’s the problem, are you a tyrant?” according to the complaint, which says Gohde responded, “Yeah, I am, actually. What is your name and date of birth?”
From there, things quickly went downhill. Instead of admitting her mistake, Gohde detained Hodges and called for a supervisor, the complaint states. When Sgt. Randall Harrison arrived, Hodges showed him his cane, “thus demonstrating for a second time that he was not armed,” the complaint goes on. But when Hodges asked to leave, the pair instead put him in handcuffs and searched him, it says.
Here's the arresting officer's official statement.
"On October 31, 2022, at approximately 8:08 a.m., I was conducting routine patrol in my fully marked patrol vehicle in the area of Marion Avenue and Duval Street.
While at the stop light at Marion and Duval, I observed a white male enter the crosswalk traveling westbound across Marion Avenue when the traffic control device indicated not to walk. As the man continued through the crosswalk, I observed what appeared to be a silver (chrome) pistol with a white grip in his back right pocket.
I stopped the man later identified as James S. Hodges (W/M DOB: 07/14/1961) in front of 131 W Duval Street which was on the other side of the crosswalk. As I approached James and attempted to identify what was in his back pocket, James continued to turn away from me. James indicated that the object was a walking stick, however, would not provide a clear view of the object. At that time, Sgt. Harrison also arrived on the scene.
I asked James to provide his name and date of birth. James refused, stating I had no reason to request his information. James then listed that I was only allowed to request his identification if he was in the act of committing a crime, about to commit a crime, or had already committed a crime. I again notified James that I was conducting an investigation and requested that he identify himself. James again refused. At that time, James was placed in handcuffs.
I was then able to identify the object in James' back right pocket as a folded-up walking stick, both silver and white in color was observable as it hung out of his pocket.
Next, asked James where his wallet or identification was located. James refused to notify me where his identification was located. I then conducted a pat down of James' person and located his FL I.D. in his front left pocket.
Sgt. Harrison asked James if he was [REDACTED]. Sgt. Harrison then asked James why he wasn't using his walking stick. James looked up at the sky and indicated that he didn't need it in daylight. Simultaneously, James advised he used the walking stick this Morning as he walked to the court house for jury duty. It should be noted that the weather at the time of contact was made with James was extremely overcast and foggy. Vehicles passing by still had headlights turned on.
James was found to be in violation of FL Statute 843.02, by obstructing the ongoing investigation when he repeatedly refused to allow identification of the object in his pocket as well as refusing to identify himself. James was placed under arrest for Resisting without violence and transported to Columbia County Detention Facility without incident."
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