Tommy Braden was imprisoned for 84 days after being wrongly accused of raping a child because Creek County, Oklahoma authorities refused to do a DNA test.
According to TulsaWorld.com, Braden is planning a lawsuit against the Creek County Sheriff's Office for wrongful arrest and detention.
Braden was arrested on April 6, 2012 after reporting an attack on the four-year-old daughter of his then-girlfriend.
Braden and his girlfriend were sleeping at one end of their mobile home, while the four-year-old girl was sleeping at the other end.
Braden found the girl in bed naked and bleeding, so he called 911. He noticed the little girl's bedroom window was broken and found blood on the front porch, but police thought it was just a set up by Braden.
He denied the charges, but the young victim identified him as the attacker after being grilled by police for an hour, reports the Daily Mail.
Braden was released on July 3, 2012 after a court-ordered DNA test matched Patrick Edward Misner, a convicted felon who lived in the same mobile home park as Braden.
Braden stopped eating in jail and dropped from 190 pounds to 130.
"From day one he's begging them to do a DNA test. They said they weren't going to do that because it was a waste of taxpayers' dollars," Braden's lawyer, Don Smolen, told TulsaWorld.com. "Why wouldn't you do a DNA test? Even if it was him, why not do a test and confirm it? Why take three months?'
The state Department of Human Services (DHS) filed a case against the mother for failing to protect her daughter while Braden was in jail. The DHS has not dropped their case against the mom, who is now married to Braden.