EMT gets $154k for unlawful arrest after cop tells him to 'suffer in court'

Justice Westmin James. -

A HIGH COURT judge has awarded a total of $154,000 to an emergency medical technician and businessman who was unlawfully arrested, detained and prosecuted after a 2018 encounter with police in Marabella.

Justice Westmin James ordered the State to compensate Darryl Nanton, 56, of Freeport, after the State admitted liability in December 2024. The judge’s assessment ruling was delivered on December 4.

Nanton, then the owner of Heartfelt Care Services and an employee of Petrotrin, endured an unlawful 24-and-a-half-hour detention, the filing of three criminal charges without cause, and degrading treatment while in police custody, his lawsuit contended.

According to the judgment, Nanton went to the KFC branch on Old Southern Main Road, Marabella, around 3.20 pm on April 24, 2018, to meet an employee. As he attempted to reverse out of a parking space blocked by two motorcycles, a marked police vehicle stopped beside him. Officers questioned why his vehicle was on the pavement, then demanded his driver’s permit and insurance. During the interaction, one officer repeatedly hurled insults at Nanton, who was dressed in his Petrotrin uniform.

When Nanton objected to the verbal abuse, a corporal exited the police vehicle, pulled him from his car, shoved him against the rear door and searched him. Officers then searched his vehicle. Nanton, who told officers he had $8,000 in cash inside, attempted to record the search, but an officer seized his phone and smashed it.

Police ordered a wrecker to remove the vehicle despite Nanton’s pleas to leave it at the restaurant. He was handcuffed and taken to the Marabella Police Station without being cautioned or told the reason for his arrest. He was placed in a cell described as filthy, vermin-infested and lacking working toilet facilities.

Nanton said he was unable to relieve himself because of the toilet’s condition and was forced to sleep on the floor.

He remained in custody from 3.30 pm on April 24 until about 4 pm the next day and was released only after securing his own bail. He later appeared in the San Fernando Magistrates’ Court at least six times before all charges, including disorderly conduct, wilful obstruction and use of insulting language, were dismissed for want of prosecution in July 2019.

In the judgment, the court found the officers’ conduct “oppressive, arbitrary, unreasonable and unconstitutional,” noting that one officer told Nanton he did not care about the outcome of the case and that the goal was to force him to “suffer in court.”

Nanton said one of the officers told him, “I don’t care if I win or I lose. Is how long you suffer in court. The government does pay me to go to court; I hope Petrotrin does pay you to go to court.”

In his ruling, James noted elements of “humiliation and indignity” in the case.

“The conduct of the officers in these circumstances can fairly be described as oppressive and disproportionate for such a possible offence.”

He also noted, “Exemplary damages are awarded in cases of serious abuse of authority. The function of exemplary damages is not to compensate but to punish and deter.

“No doubt there were arbitrary, oppressive, unreasonable and unconstitutional actions of the officers in this case, including making up charges, attitude towards the claimant, the aggression used towards the claimant and the overcharging of the claimant disproportionate to the offence, which was the breach of a traffic regulation.

“Further, the use of prosecution of the claimant and the court to be vindictive to the claimant.”

Nanton was awarded $50,000 in general damages for false imprisonment, inclusive of aggravated damages; $50,000 in general damages for malicious prosecution, inclusive of aggravated damages; $40,000 in exemplary damages for abuse of authority and $14,000 in special damages for legal fees, wrecking costs and partial replacement value of his destroyed phone. Interest and prescribed costs were also granted, with a 28-day stay of execution.

Attorney Darryl Heeralal represented Nanton, while Evana Welch and Sara Muslim represented the State.