A Flint, Michigan man is suing the Flint Township police after he says he was wrongly arrested for openly carrying his legal gun on Christmas Eve, causing him to miss the holiday with his family.
John David McMorris, 21, was walking along the side of the road around 11:30 p.m. on December 24 when a police officer suddenly pulled over to question him. When the police car stopped on the side of the road, McMorris raised his arms in the air to show him that he was openly carrying his .40 caliber pistol. McMorris is legally allowed to openly carry a gun, but doesn’t have the license to conceal it.
The officer told McMorris that he had driven by him earlier and didn’t see the weapon the first time around. He claimed he only saw the weapon when McMorris raised his arms in the air and that earlier, he must have had it concealed. McMorris attempted to apologize, explaining that, unbeknownst to him. his jacket must have been covering it up, but the officer still arrested him.
"I didn't know the front of my coat was covering it, sir," said McMorris to the officer in the dashcam video. "I'm very sorry."
McMorris was handcuffed, brought to jail, and was forced to spend Christmas Day in a cell. McMorris was released the following day.
"I think that was the biggest insult to injury," said McMorris’s attorney Craig L. McAra of the man having to spend Christmas in a jail cell.
McMorris was released without any charges filed against him, but now, he is suing the police department for what he says was a wrongful arrest. McMorris is seeking $25,000 in damages for false arrest, civil rights infringement, and malicious prosecution.
Watch the dashcam video of McMorris’s arrest below.