A Florida man is suing the city of Orlando after Orlando police mistook the icing on a Krispy Kreme doughnut for methamphetamine and arrested him.
Dan Rushing filed the lawsuit Friday against the city of Orlando and Safariland, the company responsible for the test, WFTV reported.
Orlando police pulled Rushing over for speeding and searched his car in July.
When officers found pieces of dried icing in his car, they arrested him, thinking it was meth.
“They showed me four little pieces, smaller than your fingernail, of icing from a Krispy Kreme doughnut I’d eaten previously,” Rushing said to WFTV. “I get one glazed every other Wednesday.”
Orlando police said the icing tested positive for meth.
“I said, ‘That’s icing from a Krispy Kreme glazed doughnut,’ and they went, ‘No. That’s drugs,’” said Rushing, who further insisted to police that the substance was sugar.
“They took me to jail. I was there about 11 hours. (They) strip-searched me,” said Rushing.
The Florida Department of Law Enforcement later tested the substance and found that it contained “no controlled substances.”
Prosecutors did not charge Rushing with drug possession.
The lawsuit claims that the officer was improperly trained when he administered the drug test and that the product was defective.
The city and Safariland declined to comment to WFTV about the case.
As for Rushing, he said he still eats the doughnuts but “just not in the car.”