Canadian couple can proceed with due process claims after husband’s wrongful US arrest

A federal judge ruled Monday that Mildred Zilinskas can pursue Fourteenth Amendment claims after Monterey County police arrested and jailed her 75-year-old husband Richard for 13 days on child sex crime charges he had nothing to do with, according to the couple's complaint. The Zilinskases, retirees visiting Niagara Falls from Ontario, say Detective Michael Garcia and prosecutor Billie Gibson knew Richard didn't match the suspect description yet arrested him anyway on four felony counts.

U.S. District Judge Casey Pitts sided with the wife's claim that the wrongful arrest violated her own due process right to her husband's companionship, a question that has split federal appeals courts. Charges against Richard were later dropped, and a state court found him factually innocent.

Pitts also let a Bane Act claim against Garcia proceed, finding the couple sufficiently alleged 'judicial deception,' while dismissing related claims against the county and prosecutor. Monterey County did not respond to requests for comment.

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