Mr. Davidson was diagnosed with schizophrenia and treated until his release on July 16, 2020.
Kim Wilson, a fellow patient with a history of drug and alcohol abuse. On August 17, 2020, Mr.
Davidson, and Kim Wilson got into a fist fight with "Sally Robbins or Robinson" at a local bar.
Mr. Davidson claimed to have secured the plate number from Robbins/Robinson's vehicle, which
Det. Stone then ran with negative results.
On September 15, 2020, Mr. Davidson pointed to a picture and said, "that's her." Detective
Stone printed the photos without asking, "Are you positive?" Ms. Wilson then viewed the same
photos and said, "That resembles her smug smile." Both Davidson and Wilson signed the photo
without being told that the woman in the photo would be arrested.
On September 18, 2020, the positive photo ID by the victim and his girlfriend was the basis for
Detective Stone's probable cause to have an arrest warrant lodged against Mary Robbins, the
individual in the photo. The Affidavit of Probable Cause contains a "positive" identification by
Davidson but not a "positive" identification by Kim Wilson.
Mary Robbins was arrested and charged with robbery on September 30, 2020.
Ms. Robbins was imprisoned for 30 days in the City's holding facility awaiting trial. During this
time, she was incarcerated in a section designated for the most violent offenders where she was
continually terrorized, ridiculed, and tormented by other inmates.
During a subsequent phone interview, Mr. Davidson denied making a "positive identification"
and told Detective Stone, "That looks like her." When the line-up was held two days later, Mr.
Davidson failed to identify Ms. Robbins as his assailant.
To recover under State Ordinance 21 S.O. § 4578, plaintiff must prove by a preponderance of the
evidence that the arrest/prosecution were illegal and that the arresting officer did not have
probable cause to arrest him/her at the time of the arrest.