Hillsboro mistaken arrest.jpg

Adam Horstman (left) was falsely accused in a series of Hillsboro and Beaverton pharmacy robberies in 2014. The charges were later dropped against Horstman and Shawn Simmons (center) was later arrested in the robberies. The surveillance photo on the right is from one of the robberies in Hillsboro in May 2014.

(Washington County Sheriff's Office, Hillsboro Police Department)

A Forest Grove man is suing the city of Hillsboro and six police officers for $4 million after he was mistakenly arrested for a string of Hillsboro and Beaverton pharmacy robberies last year.

Adam M. Horstman alleges civil rights violations, false arrest and malicious prosecution in his lawsuit filed Thursday in U.S. District Court. He claims that police had no probable cause to arrest him July 4 as he was packing his car for a trip with his family and then to hold him in jail until July 9.

The arrest caused him to lose his job and lose trust for law enforcement, the lawsuit says.

Related: Read the federal lawsuit

Horstman, 28, was accused of stealing oxycodone and Ambien from pharmacies at a Rite Aid store and two Albertsons in Hillsboro and another Albertsons in Beaverton in May and June.

The Washington County District Attorney's Office dropped robbery and theft charges against Horstman on July 9, citing the need for further investigation.

Investigators subsequently linked fingerprints found on a note used during one of the robberies to Shawn M. Simmons, 29, of Beaverton.

When Hillsboro detectives went to Simmons' home, he walked them through the house and showed them the clothes he wore during the robberies and several prescription drug bottles he stole, according to court documents. Police arrested him July 24.

Simmons pleaded not guilty in August to charges of first-, second- and third-degree robbery, unlawful use of a weapon and delivery of oxycodone, court records show. He has a March 10 trial date scheduled in Washington County Circuit Court.

The city of Hillsboro declined comment on the lawsuit citing the pending litigation. Hillsboro police acknowledged in August that they arrested the wrong man in connection with the pharmacy robberies.

The confusion began when Horstman went to a Hillsboro Rite Aid on June 30 to fill a prescription. The pharmacy had been robbed a month earlier and the assistant manager called police identifying Horstman as the suspect after he left, the lawsuit says. Two employees also told investigators that Horstman was the suspect, according to the lawsuit, but days later identified another person when presented with a photo array by detectives.

Simmons had robbed a pharmacy at a Hillsboro Albertsons about an hour and a half before Horstman filled his prescription, according to the lawsuit. Horstman was getting the prescription at Providence St. Vincent's Medical Center at the time, the lawsuit says.

Horstman was arrested and questioned by detectives for several hours, the lawsuit says. He claims detectives "managed to trick" him into saying "that's me," when shown part of a photo of the robber, the lawsuit says.

According to the lawsuit, Hillsboro police officer David Bonn failed to disclose in his probable cause affidavit that no witnesses identified a photo of Horstman as the robber, that a search of his home turned up no evidence of the crimes and that Horstman had an alibi when one of the robberies occurred.

"He modified the physical description of the suspect to more closely match [Horstman]; and distilled the entire interrogation to the single statement made by [Horstman], 'That's me,' without describing the context or retraction," the lawsuit says.

After receiving surveillance video clearing Horstman of the Albertsons robbery, the charges against Horstman were dropped and he was released from jail, the lawsuit said.

-- Everton Bailey Jr.

ebailey@oregonian.com

503-221-8343; @EvertonBailey