GRAND RAPIDS, MI – While his wife shopped at Kohl’s, photographer Roy Stephens sat in the front seat with his new digital camera and shot photos and videos of customers coming and going.

He says he was just testing the camera’s features.

Before long, Meridian Township police were dispatched to a “suspicious situation.”

The Oct. 7, 2012, encounter led Stephens to file a federal lawsuit after he was detained in the back of a patrol car. Stephens and the officer, Andrew Tobias, last week reached a confidential settlement.

The officer’s attorney contended that Tobias acted properly and had reasonable suspicion to briefly detain Stephens – particularly when Stephens could not immediately present identification.

Stephens, a resident of Ingham County, was with his wife on a Sunday when she stopped at Kohl’s. He stayed behind in the passenger seat. He was shooting photos and videos when Tobias was dispatched to the store.

Before Tobias made contact with Stephens, he saw an image on the camera of an adult walking along the sidewalk in front of the Kohl’s entrance. Tobias told Stephens he had been dispatched to a report of suspicious activity, and asked Stephens about the substance of the photos, Nicholas Leydort, attorney for Stephens, said in court documents.

Stephens then showed the images on his camera. He tried to explain he did nothing wrong, but the officer continued to question him about the substance of the images, Leydorf said.

“Specifically, (the officer) indicated if (Stephens) had taken pictures of children while in Kohl’s parking lot, then ‘we have an issue,’” Leydorf wrote.

When the officer asked Stephens for identification, he said he did not have it on him because he was not driving. He told the officer he had a heart problem and had done nothing wrong. He said the officer told him to get out of his vehicle and physically escorted him to his patrol car.

He put Stephens in back and shut the door, locking Stephens in. Stephens then said he needed his heart medication because he felt like he was going to pass out. He pleaded with the officer to look at the photos because he had done nothing wrong.

The officer called for an ambulance.

Stephens’ attorney said the officer wrongly said it is illegal to take photos or videos of people in a public place.

The officer's attorney, David Otis, said his client denies any use of force.

He said Tobias was responding to the parking lot after a complaint from Kohl’s workers who said they had received a complaint of “strange behavior in the parking lot associated with a person photographing customers of the store.”

He said that Tobias had reasonable suspicion to make a “TERRY Stop,” or brief detention of someone suspected of committing a crime.

“(Stephens) heightened Officer Tobias’ concern about the potential for criminal activity when he failed to produce identification while he was seated in and operating a motor vehicle,” Otis wrote.

“When Plaintiff ultimately presented ID and satisfactorily explained the taking of photographs, Plaintiff was not further detained.”

He said that “this detention was proper and lasted no longer than necessary to determine that no criminal activity was occurring.”

In response to a defense request for a summary judgment, U.S. District Judge Paul Maloney granted a request to dismiss Stephens’ claim for assault and battery. He refused to dismiss Stephens’ Fourth Amendment claim that an unconstitutional seizure occurred. He also would not dismiss the case based on the officer’s claim of qualified immunity.

John Agar covers crime for MLive/Grand Rapids Press E-mail John Agar: jagar@mlive.com and follow him on Twitter at twitter.com/ReporterJAgar