Advertisement Man suing Orlando police officer over cellphone incident Alberto Troche says he was arrested for not turning over phone Share Shares Copy Link Copy

An Orange County man is suing the city of Orlando and an Orlando police officer in federal court after he says he was arrested and put in jail for shooting video of an arrest on his phone.Watch the raw video hereAlberto Troche says he was downtown near Wall Street and Orange Avenue at 2:45 a.m. on Dec. 7, 2013, when he noticed police making an arrest."I just noticed someone yelling," said Troche. "So I went around and started recording."According to the lawsuit, Troche and several others began taping the arrest under the belief that officers might be using excessive force."I remember him walking around grabbing some lady's phone. Then, when he came back around to me and said 'I'll be taking that,'" said Troche.Watch this reportTroche said he was 10-15 feet away and not interfering when Officer Peter Delio tried to take his cellphone, but Troche refused.Troche was arrested and charged with resisting arrest without violence and was held for 15 hours, the lawsuit says.According to Delio's report, he told Troche "his phone contained evidence of a crime" and "the video would need to be taken for evidence.""Troche said he was not going to provide the phone to me and thrust his left hand forward into my chest," the report stated.Read the lawsuit: Alberto Troche vs. City of Orlando and Peter DelioThe video does not show any such conversation, and the contact appears to be initiated by the officer."(Being in jail) was very traumatizing. I would never wish on my worst enemy to go through what I went through that day," Troche said.Troche's attorney, Marc Jones, says Delio had no right to order anyone to stop taking pictures on a public street or to take Troche's phone. "Loss of personal liberty is a serious thing, and being arrested for legal conduct is just plain wrong," said Jones.The State Attorney's Office found the case not suitable to prosecute, according to the lawsuit.The lawsuit alleges the city of Orlando violated Troche's constitutional rights. He is also suing for false arrest and false imprisonment."Honestly, it's my opinion that it's wrong that they treat you like that. I don't want anyone to be treated like that anymore. Everybody should be treated equally and everything like that. If they want respect, they should show respect also," said Troche.The city of Orlando declined comment on the lawsuit.