The deputy city marshal falsely charged with fraud in October is suing the Fort Worth City Credit Union for at least $1 million.
Deputy City Marshal Mike Martinez was arrested and charged with fraud in October on accusations that he withdrew $500 from another person’s account. The withdrawal was later found to be a clerical error by the credit union.
The lawsuit, filed Monday in Tarrant County civil court, says credit union employees failed to provide truthful information to police and negligently published false information about Martinez.
Ron Fox, the credit union president, would not comment on the lawsuit Thursday.
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In an October article published in the Star-Telegram after the charges were dropped, Fox said: “In short, we supplied police with items they requested and it just happened really fast.”
He said Martinez “did not do anything wrong.”
The lawsuit alleges that video surveillance linking Martinez to the credit union was inconsistent with the time of the withdrawal and that credit union employees Fox and Zane Archer denied that Martinez had made a deposit into his own account while at the bank.
Martinez later supplied proof that he had deposited $479.38, the lawsuit says.
Both Fox and Archer, listed as the credit union’s head of information technology, are defendants in the suit.
Martinez was arrested Oct. 15 and terminated without pay after an administrative hearing Oct. 22, according to the lawsuit.
He was reinstated as deputy city marshal after the charges were dropped.
Martinez did not comment on the suit. His attorney, Mark Haney, said he was not comfortable with his client commenting.
The lawsuit says that Martinez suffered “past and future mental anguish, injuries to his name and reputation in the community, expenses incurred for his criminal defense, posting of bond and for expungement, lost wages and loss of earning capacity” and that the damages “are in excess” of $1 million.
The credit union is a nonprofit operation open to employees with the city, MedStar, Fort Worth museums and certain companies that contract with the city, according to its website.
This report includes material from the Star-Telegram archives.