NEW ORLEANS – A man involved in an auto accident and charged with driving while intoxicated claims that the New Orleans Police Department had no probable cause to charge him with that offense.

John E. Spellman filed a lawsuit against the New Orleans Police Officer Chad Durning, John Doe, Lisa B. Schneider, Warren A. Forstall Jr. and Forstall Law Office.

Spellman claims that the defendants did not have probable cause to charge him with the offense of DWI and they further failed to investigate medical records that support the fact that the he was not drinking or under the influence of drugs. He attributes his state of mind to a head injury and is suing for alleged damages.

Spellman also claims that the defendant's actions caused him to lose his employment and family.

The defendant is accused of failure to properly investigate petitioner's medical record prior to filing any complaint against the petitioner.

An unspecified amount is sought for pain and suffering, mental anguish, lost wages and loss of use of vehicle.

The plaintiff is representing himself.

The case has been assigned to Division L Judge Kern A. Reese.

Case no. 2012-08330

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