Man mistakenly arrested seeks compensation

Jennifer Kho

COSTA MESA -- A man mistakenly identified as a drug smuggler by police

and federal officers has filed court documents against the city for its

participation in the investigation.

Michael Shipp, 26, was arrested and imprisoned in Oregon for six

weeks, with bail set at $5 million. His detention was based solely on a

car registration mix-up, his attorney said.

Costa Mesa police collaborated with Anaheim police and the Federal

Drug Enforcement Administration to snag someone smuggling illicit drugs

from Mexico, according to a claim filed this month by Shipp’s attorney,

Steve Silverstein.

The city has denied any wrongdoing.

‘All I can say at this point is I stand behind our police department,”

said Mayor Gary Monahan. “They were acting in good faith on the

information they had.”

Costa Mesa police referred calls to city attorneys, who could not be

reached for comment.

Silverstein said the only evidence against Shipp is he was the

registered owner of a car officers had seen the alleged dealer driving.

“All they had to do was pull up his driver’s license picture to see it

wasn’t him,” Silverstein said. “The difference in appearance was

drastic.”

Silverstein said Shipp had sold the car and signed the title over to a

buyer, who had not transferred the registration when investigators saw

the car.

Shipp was arrested in Oregon, where he lived and worked, in September

1999 and a judge dismissed the charges in October -- six weeks later --

after comparing Shipp to a photo of the alleged drug dealer, Silverstein

said.

But Silverstein said the jail time and marred record have continued to

affect Shipp’s life.

“It was a pretty horrible experience and he had a clean record before,

with nothing other than traffic violations on it,” Silverstein said. “The

charges were dismissed but the arrest still shows on his record.

In April, Shipp filed a claim against Costa Mesa seeking damages for

medical bills and lost wages. According to the document, Shipp suffered

“great human indignities, assault and battery, personal injury and

extreme emotional distress” during his imprisonment and also lost his job

of seven years, seniority and wages.

Costa Mesa police and other officers were negligent in their

investigation, Silverstein alleged, because they didn’t check Shipp’s

driver’s license photo or research Shipp’s whereabouts.

Shipp was living and working in another state at the time of the

investigation and was at a Christmas party during a big drug buy in Los

Angeles County, Silverstein said.

Costa Mesa officials have rejected the claim, saying it was filed past

the time limit, which is six months after the event.

Shipp filed the claim seven months after his arrest.

But Shipp has asked for an exception from the time limit, stating the

claim was filed within six months of being released from prison.

According to a petition filed this month, Shipp was unable to pursue a

claim within the first six weeks because he was in jail and afterward was

busy finding a job.

If the petition is rejected, Shipp will file a lawsuit in the next two

weeks, Silverstein said.