A Gwinnett County man is taking the police to court, claiming that undercover officers mistakenly cited him last year during a sex sting operation.
Attorneys for Kenneth David Butler, 45, filed a lawsuit in Fulton County Superior Court last month against Charles Walters, Gwinnett County police chief; Cpl. David Schiralli, the department’s former public information officer; and several undercover vice officers.
Gwinnett County spokesman Joe Sorenson said, “Since this is a pending lawsuit, the county will not comment at this time.”
The lawsuit also targets Sears Holdings Corp., the parent company of the Kmart store in Buford where the sting occurred, saying the company had a responsibility to protect its customers. Sears Holding Corp. spokeswoman Kimberly Freely declined to comment on pending litigation.
Butler was at a Kmart store March 26 when he experienced a bathroom emergency, according to the suit. He has difficulty controlling his bowels after the removal of portions of his spleen and colon. He also has diabetes and cannot participate in sexual activities because of his condition.
Butler entered a stall, which had a broken lock, when he claims an undercover officer barged in and accused him of masturbating.
Police had been tipped off about men cruising for sex in the store’s men’s restroom, according to the lawsuit.
Butler, who was partially undressed, was cited for loitering for sexual purposes. Solicitors later chose to prosecute him for public indecency.
In October, a Gwinnett County jury exonerated him within 15 minutes of deliberation.
Butler was not only publicly humiliated by the ordeal, he lost a job he had held for 10 years as a janitor at Monarch School, his lawyers said. Investigators went to the special education school and seized his computers, which alerted administrators to the allegations.
Even though Butler was found not guilty, the school system said it would not rehire Butler, his attorney said.
Butler’s name appeared with those of two other men on a Gwinnett County Police Department news release about the sting. Several news outlets published or aired stories about the operation.
Butler’s attorney, Kurt Hilbert, said, “We look forward to his day in court,” but declined to discuss the case further.
“Mr. Butler has been subjected to the media enough,” Hilbert said.
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