WEST PALM BEACH, Fla. (Legal Newsline) - A Florida man charged with felony child abuse because beach-goers thought he was touching himself when he says he was actually just scratching his hand is suing the town that arrested him.
In a Feb. 23 lawsuit filed in Palm Beach County Circuit Court, plaintiff James M. Arsenault has accused the Town of Jupiter and its police department of false arrest and causing him significant personal and professional harm.
The case stems from an incident on March 17, 2021, when Arsenault was enjoying a day at Jupiter Beach. Later that day, beachgoers contacted the Jupiter Police Department reporting a man behaving strangely and touching himself.
The man turned out to be Arsenault, who says he suffers from Prurigo Nodularis, a skin condition causing severe itchiness. He claims he was merely scratching his hands.
Officer Banegas arrived at the scene and after questioning several groups of people arrested Arsenault on charges of felony child abuse. The plaintiff asserts that Officer Banegas' Probable Cause Affidavit contained misstatements and falsities.
Arsenault spent a night in jail and was later charged with felony Child Abuse by the State Attorney’s Office in Palm Beach County. However, on April 21, 2021, these charges were dropped by the State Attorney's office.
The lawsuit alleges that as a result of this incident, Arsenault lost his job as a bus driver and suffered embarrassment among his peers and colleagues.
Edward Buchanan of Custos Law represents the plaintiff.