Apple Arrests And Prosecutes Man For Stealing His Own Phone

FORT LAUDERDALE, Fla. - Dec. 6, 2013 - PRLog -- Kelley/Uustal Attorney Todd Falzone filed a lawsuit yesterday on behalf of Jeremy James, a former police 911 dispatcher with dreams of becoming a patrol officer one day.  Malicious prosecution and defamation are among the claims against Apple. The complaint also seeks punitive damages.

The case stems from an incident on February 13, 2013 in the Wellington, Florida Apple Store.  Apple claimed that Mr.  James shoplifted a phone and charged him with Grand Theft, which prompted the police department where he worked to later fire Mr. James.  Apple refused to drop their case, even when video surveillance clearly showed the phone in question was James’ own phone that he had brought into the store to troubleshoot.  A judge in the criminal case threw the case out of court earlier this year resulting in a complete acquittal of all criminal charges against Mr. James. But the arrest record will remain permanently.

“They ruined his life, he’ll never be hired by a police agency with this on this record,” said Attorney Todd Falzone.

The most egregious thing about this case is that that same video that Apple claims proved he stole the phone clearly shows that it’s his own phone.  The photo to the left taken from the security video shows Mr. James patiently waiting to speak with an Apple employee about the power problem with this phone. The arrow points to his phone in his hand.

Later in the same video Mr. James can be seen giving his name and contact info to one of the Apple employee and making an appointment to come in later that day for them to attempt to fix his phone.  The fact that he kept that service appointment casts doubt on Apple’s claim that he stole the phone.

Near the end of the security video you do see Mr. James lift an Iphone off of one of the docking stations in the store. But before you see him lift it off the docking station, the video clearly shows him putting it on the charger.  It was his own phone. Mr. James thought that perhaps his phone problems stemmed from the charger and since his appointment wasn’t for a few hours he thought it wouldn’t hurt to try out a little troubleshooting on his own.

But that troubleshooting got Jeremy James in trouble of his own.  But now the tables are turned and it’s Apple who’s in trouble.

For additional information please contact Roland Ochoa, Kelley/Uustal Trial Attorneys. 954-522-6601