Lawsuit Filed for Man Given a DUI But He had "0" Blood Alcohol Level

In Fresno, Ca. an Arizona man arrested for drunk driving -- wasn't. Now he's suing the city of Surprise, claiming he was racially profiled.

Officers pulled Jessie Thornton over recently, and officers say he failed a field sobriety test. But when Thornton got to the police station, tests showed he had a blood alcohol level of zero. Officers claimed he appeared to be drunk.

"I take my glasses off and he says, 'you've got bloodshot eyes.' I said, 'I've been swimming at LA Fitness,' and he says, 'I think you're DUI,'" said Thornton. "He (the officer) goes, 'well we're going to do a sobriety test."

Thornton says he believes officers pulled him over because he is African American, and was driving around late at night. But he says he is up late because of his wife's work schedule.

Thornton has now filed a lawsuit against the city. He's seeking $500,000 in damages.

See Video... http://abclocal.go.com/kfsn/story?section=news/bizarre&id=9132368

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