Daniel Rushing announces lawsuit against police: Krispy Kreme glaze mistaken for meth

Time hasn’t healed all wounds as a Florida senior says he’s moving forward with a lawsuit against the City of Orlando over damages from a 2015 arrest where the officer charges him for possession of meth, mistaking the glaze flakes from his Krispy Kreme donut(s) for the drug.

Daniel Rushing, 64, has gone public and told the Orlando Sentinel that he plans to file suit against the city, saying police arrested him “for no reason at all.”

According to an Orlando Police Department arrest affidavit, Officer Shelby Riggs-Hopkins pulled over Rushing on Dec. 11, 2015, after she clocked him driving 42 mph in a 30 mph zone.

In her report, Riggs-Hopkins said during the traffic stop, she noticed what she called a “rock like substance” on the floor board of Rushing’s car. She asked for and was granted permission to search the car, and with help from another officer found four samples of the white substance.

Riggs-Hopkins reported that two field tests of the substance revealed it to be methamphetamine.

In the arrest affidavit, Riggs-Hopkins wrote, “Rushing stated that the substance is sugar from a Krispie Kreme Donut that he ate.”

Those field test results provided probable cause for her to make a legal arrest, the department said in a statement.

Rushing told the Sentinel that during the search of his car, he told officers that the substance was flakes from a Krispy Kreme doughnut. The man spent about 10 hours in jail before bonding out on a $2,500 bond, the newspaper reported.

Later, a Florida Department of Law Enforcement lab determined that the evidence submitted was not a controlled substance, and no criminal charges were filed against Rushing by the State Attorney’s office.

In a statement to the Sentinel, Orlando Police said it considers the arrest a lawful one.