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North Port Man Awarded $100,000 For False Arrest

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By JOHN DAVIS

Sarasota Herald-Tribune

Published: November 13, 2008

SOUTH VENICE - A North Port man has been awarded $100,000 for pain and suffering after he was falsely arrested and charged with molesting a 5-year-old neighbor.

Circuit Court Judge Robert Bennett agreed Wednesday with an earlier jury ruling that North Port Police erred when they arrested Gregory Scott in 2005.

The jury awarded Scott $10,000 in September, but gave him no money for damages for pain and suffering. Scott contended the arrest left him with the stigma of a child molester and appealed the award amount to Bennett, who presided over the original jury trial.

"If I'd been accused of stealing a car or something, big deal," Scott said Wednesday. "But this is something that sticks with you for the rest of your life."

Scott, 44, also said to clear his name he must see the current litigation end.

That is not likely to occur, however.

North Port officials are contesting Wednesday's decision, meaning the amount of payment could be decided by a jury in what would be the case's second trial.

Scott's attorney, Roger Young, filed a motion for Bennett to award money for pain and suffering that led to Wednesday's ruling. But Scott will not see payment anytime soon in the case as the city continues to fight the case, standing by the actions of officers that night. The city is also deciding whether to appeal the September jury verdict.

Scott was at home on Jan. 21, 2005, when Tim Smith, then a detective with the North Port Police, came to his door. Smith, now a sergeant in the department, was investigating the accusation by a 5-year-old neighbor that Scott had molested her that day.

It was after 11 p.m., and Scott, who said he was sleeping, came to the door carrying a semi-automatic handgun.

Scott put the gun down after Smith identified himself as a law enforcement officer, but the appearance of the gun intensified the encounter. Smith, who was wearing street clothes, drew his own weapon.

Scott refused to speak with police that night and was arrested. He was released on $50,000 bail after one day in jail.

The girl who accused Scott later recanted, and he was not prosecuted.

Scott has since fought to clear his name through a false-arrest lawsuit against North Port filed in Sarasota County circuit court in 2006.

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