Settlement reached in Albany 2009 false arrest case

ALBANY — A settlement involving the alleged false imprisonment of an Albany teen has been reached, the attorney for the teen has confirmed.

James Finkelstein, attorney for Richard Hayes, told The Albany Herald that a settlement has been reached in the case involving the arrest of Hayes on Oct. 22, 2009, when he was 17, in connection to a shooting assault the previous month he reportedly had no involvement in.

“The case has been settled and I am pleased with the outcome,” said Finkelstein of the settlement.

Finkelstein said he could not comment further. Albany City Attorney Nathan Davis said the settlement, in the amount of $25,000, came through Monday morning.

“We felt like we had a good case, but that $25,000 was in the best interest,” Davis said.

Officials say that on Oct. 22, 2009, while acting in his role as police investigator, Albany Police Department criminal investigator Charles Flowers arrested Hayes in connection to a shooting assault against James Green the previous September, although no one present at the incident stated in affidavits that Hayes was involved. The arrest warrant prepared by Flowers stated Hayes “did walk in the 2200 blk (sic) of S. Madison St. with Antonio Williams while he (Williams) shot an unknown caliber handgun at James Green (Gangsta Disciple),” the court document said.

In July, Finkelstein told The Herald that Green was shot at but not hit. Williams pleaded guilty in the case and Hayes merely stood on the street, Finkelstein said.

A federal court judge denied summary judgment earlier this year which would have granted qualified immunity to Flowers in a civil rights complaint. On Jan. 11, 2013, Hayes filed the complaint against Flowers in Dougherty County State Court, alleging arrest without probable cause, false arrest, false imprisonment and malicious prosecution. On Feb. 18, 2013, the case was moved from State Court to U.S. District Court after Flowers asserted the matter fell under the U.S. Court’s federal question jurisdiction and supplemental jurisdiction, court documents state.

The documents show Flowers did not dispute Hayes’ innocence of the original warrants against him, which included aggravated assault and gang participation, but sought summary judgment to dismiss the case because of immunity and the merits of the case. Flowers said his belief that he had probable cause was supported by the arrest warrant and grand jury indictment.