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Sober man DUI: Man sues for $500,000 after his DUI arrest while sober

Sober man DUI: A man is seeking $500,000 from an Arizona city for his arrest on a drunken driving charge even though a breath-alcohol test showed he hadn't consumed any alcohol.

A man is seeking $500,000 from an Arizona city for his arrest on a drunken driving charge even though a breath-alcohol test showed he hadn't consumed any alcohol.

Jessie Thornton was cited in a Dec. 7 traffic stop in the Phoenix suburb of Surprise, but the misdemeanor drunken driving charge was dismissed nearly two months later after a blood test revealed no signs of mind-altering drugs in his body.

In a precursor to a lawsuit, Thornton, who is black, filed a $500,000 notice of claim against the city in late April, alleging he is the victim of racial profiling and harassment by Surprise police.

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The Surprise Police Department had no immediate comment Monday on Thornton's case.

Police say the 64-year-old retired firefighter had crossed a white roadway line, had blood shot eyes, acknowledged taking a prescription blood-pressure medication and swayed and struggled to keep his balance during a sobriety test.

Thornton's lawyer Marc Victor says his client's eyes were bloodshot because had just returned from swimming at a gym and that he was suffering from knee and hip problems at the time.

Police say Thornton yelled during the arrest but insisted throughout that he was sober.

A breath test showed Thornton's blood alcohol level to be 0.00.

An officer who is a drug recognition expert had concluded Thornton wasn't under the influence of drugs or alcohol.

Still, Thornton was cited for the misdemeanor charge, but the charge was eventually dismissed.

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